International Legal Framework on Counter-Terrorism As applicable to Pakistan Mr. Jamal Aziz, Executive Director, RSIL Mr. Fahd Qaisrani, Research Associate, RSIL Day 3 Wednesday, 19 July 2017
What is Terrorism? There is no internationally agreed upon definition of terrorism Globally, all Countries have given it slightly different meanings (Section 6 and 7 of the ATA) United Nations Security Council (UNSC) has passed numerous Resolutions that serve as the core implementable framework for terrorism.
UNSC Resolutions on Terrorism S/RES/2255 (2015) Threats to international peace and security caused by terrorist acts, adopted on 17 December 2015 S/RES/2253 (2015) Threats to international peace and security caused by terrorist acts, adopted on 17 December 2015 S/RES/2250 (2015) Maintenance of international peace and security, adopted on 9 December 2015 S/RES/2249 (2015) Threats to international peace and security cause by terrorist acts, adopted on 20 November 2015 S/RES/2242 (2015) Women and peace and security, adopted on 13 October 2015 S/RES/2220 (2015) Small arms, adopted on 22 May 2015 S/RES/2199 (2015) Threats to international peace and security caused by terrorist acts, adopted on 12 February 2015 S/RES/2195 (2014) Adopted by the Security Council at its 7351st meeting, on 19 December 2014
UNSC Resolutions on Terrorism (cont ) S/RES/2185 (2014) Adopted by the Security Council at its 7317st meeting, on 20 November 2014 S/RES/2178 (2014) Addressing the growing issue of foreign terrorist fighters S/RES/2170 (2014) Adopted by the Security Council at its 7242nd meeting S/RES/2133 (2014) Adopted by the Security Council at its 7101st meeting S/RES/2129 (2013) Mandate of the Counter-Terrorism Committee Executive Directorate (CTED) until 31 December 2017 S/RES/1963 (2010) Mandate of the Counter-Terrorism Committee Executive Directorate (CTED) until 31 December 2013 S/RES/1805 (2008) Mandate of Counter-Terrorism Committee Executive Directorate (CTED) extended until 31 December 2010 S/RES/1787 (2007) Extension of Counter-Terrorism Committee Executive Directorate (CTED) mandate
UNSC Resolutions on Terrorism (cont ) S/RES/1631 (2005) S/RES/1624 (2005) S/RES/1618 (2005) S/RES/1611 (2005) S/RES/1566 (2004) S/RES/1535 (2004) S/RES/1530 (2004) UN cooperation with regional organizations in maintaining international peace and security Prohibition of incitement to commit terrorist acts Condemnation of terrorist attacks in Iraq Condemnation of terrorist attacks in London Creation of working group to consider measures against individuals, groups and entities other than Al-Qaida/Taliban Creation of Counter-Terrorism Committee Executive Directorate (CTED) Condemnation of bomb attacks in Madrid
UNSC Resolutions on Terrorism (cont ) S/RES/1516 (2003) Condemnation of bombings in Istanbul S/RES/1465 (2003) Condemnation of bomb attack in Bogota, Colombia S/RES/1456 (2003) Declaration by Foreign Ministers on combating terrorism S/RES/1450 (2002) Condemnation of terrorist attacks in Kenya S/RES/1440 (2002) Condemnation of hostage taking in Moscow S/RES/1438 (2002) Condemnation of bombings in Bali S/RES/1377 (2001) Ministerial declaration on global effort to combat terrorism S/RES/1373 (2001) Creation of Counter Terrorism Committee (CTC) S/RES/1368 (2001) Condemnation of 11 September attacks against United States S/RES/1267 (1999) Security Council Committee Pursuant to Resolutions 1267 (1999) 1989 (2011) and 2253 (2015) Concerning Isil (Da'esh) Al-Qaida and Associated Individuals Groups Undertakings and Entities
UNSC Resolution 1267 Establishes a sanctions regime to cover individuals and entities associated with Al-Qaeda, Osama bin Laden and the Taliban. 1267 and its successor resolutions require countries to immediately freeze funds, financial assets or economic resources of individuals and entities who are designated as terrorists by the UNSC Countries are also required to ensure that no funds, financial assets or economic resources are made available to or for the benefit of such designated persons or entities or their beneficiaries.
SECURITY COUNCIL COMMITTEE PURSUANT TO RESOLUTIONS 1267 (1999) 1989 (2011) AND 2253 (2015) CONCERNING ISIL (DA'ESH) AL-QAIDA AND ASSOCIATED INDIVIDUALS GROUPS UNDERTAKINGS AND ENTITIES The Committee is mandated to: Designate individuals and entities who meet the listing criteria set out in the relevant resolutions under the ISIL (Da'esh) & Al-Qaida Sanctions List Consider and decide upon notifications and requests for exemptions from the sanctions measures Consider and decide upon requests to remove a name from the ISIL (Da'esh) & Al-Qaida Sanctions List Conduct periodic and specialised reviews of the entries on the ISIL (Da'esh) & Al-Qaida Sanctions List
SECURITY COUNCIL COMMITTEE PURSUANT TO RESOLUTIONS 1267 (1999) 1989 (2011) AND 2253 (2015) CONCERNING ISIL (DA'ESH) AL-QAIDA AND ASSOCIATED INDIVIDUALS GROUPS UNDERTAKINGS AND ENTITIES Acts or activities indicating that an individual, group, undertaking or entity is associated with ISIL (Da'esh) and Al- Qaida include: Participating in the financing, planning, facilitating, preparing, or perpetrating of acts or activities by, in conjunction with, under the name of, on behalf of, or in support of; Supplying, selling or transferring arms and related materiel to; Recruiting for; or otherwise supporting acts or activities of, ISIL (Da'esh), Al-Qaida or any cell, affiliate, splinter group or derivative thereof.
UNSC Resolution 1373 UNSC Resolution 1373 was unanimously adopted on 28 September 2001, following 9/11 The resolution was adopted under Chapter VII of the United Nations Charter, and is therefore binding on all UN member states. It marked a shift in international law, Established the UN Counter-Terrorism Committee
The UN Global Counter-Terrorism Strategy
The UN Global Counter-Terrorism Strategy Was adopted the Global Counter-Terrorism Strategy on 8 September 2006 Through its adoption all Member States agreed for the first time to a common strategic and operational approach to fight terrorism, The General Assembly reviews the Strategy every two years
UN Counter-Terrorism Bodies Counter-Terrorism Committee Counter-Terrorism Executive Directorate Counter-Terrorism Implementation Task Force UN Counter-Terrorism Centre UN Office of Counter-Terrorism The 1267/1989/2253 ISIL (Da esh) and Al- Qaida Sanctions Committee
Counter-Terrorism Committee The Counter-Terrorism Committee (CTC) was established by Security Council resolution 1373 (2001) Includes all 15 Security Council Members Monitors the implementation of UNSC Resolution 1373 The current Chair of CTC is H.E. Amr Abdellatif Aboulatta, Ambassador and Permanent Representative of Egypt to the United Nations.
Counter-Terrorism Committee Executive Directorate (CTED) CTED is divided into two sections: an Assessment and Technical Assistance Office (ATAO), and an Administrative and Information Office (AIO). CTED comprises of legal experts who analyze the reports submitted by Countries in areas such as: legislative drafting, the financing of terrorism, police and law enforcement, border and customs controls, refugee and migration law, arms trafficking and transportation security. Jean-Paul Laborde of France was sworn in on 22 July 2013 as the new Executive Director of the Counter-Terrorism Committee Executive Directorate (CTED).
Counter-Terrorism Implementation Task Force (CTITF) The CTITF was established by the UN Secretary-General in 2005 It facilitates and supports Counter- Terrorism initiatives and activities of the United Nations system entities There are currently 38 entities members of the Task Force
UN Counter-Terrorism Centre In 2011, through a voluntary contribution of the Government of Saudi Arabia, the United Nations Secretariat launched the United Nations Counter-Terrorism Centre (UNCCT) within the CTITF Office UNCCT has initiated the implementation of counterterrorism projects around the world covering all four pillars of the Strategy. UNCCT is chaired by his Excellency Ambassador Abdallah Yahya A. Al-Mouallimi, Permanent Representative of Saudi Arabia to the United Nations. Mr. Jeffrey Feltman, Under- Secretary-General for Political Affairs, is the Executive Director of the Centre.
UN Office of Counter-Terrorism Secretary-General Antonio Guterres recommended in his report (A/71/858) on the Capability of the United Nations to Assist Member States in implementing the United Nations Global Counter-Terrorism Strategy, the Counter-Terrorism Implementation Task Force and the UN Counter-Terrorism Centre were moved out of the Department of Political Affairs into a new Office of Counter-Terrorism headed by an Under-Secretary General. The United Nations Office of Counter-Terrorism was established through the adoption of General Assembly resolution 71/291 on 15 June 2017. Mr. Vladimir Ivanovich Voronkov was appointed as Under-Secretary- General of the Office on 21 June 2017.
International Legal Instruments on Counter-Terrorism 2014 Protocol to Amend the Convention on Offences and Certain Acts Committed on Board Aircraft 2010 Convention on the Suppression of Unlawful Acts Relating to International Civil Aviation 2010 Protocol Supplementary to the Convention for the Suppression of Unlawful Seizure of Aircraft 2005 International Convention for the Suppression of Acts of Nuclear Terrorism 2005 Protocol to the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation 2005 Amendments to the Convention on the Physical Protection of Nuclear Material
International Legal Instruments on Counter-Terrorism 2005 Protocol to the Protocol for the Suppression of Unlawful Acts Against the Safety of Fixed Platforms located on the Continental Shelf 1999 International Convention for the Suppression of the Financing of Terrorism 1997 International Convention for the Suppression of Terrorist Bombings 1991 Convention on the Marking of Plastic Explosives for the Purpose of Detection 1988 Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation 1988 Protocol for the Suppression of Unlawful Acts Against the Safety of Fixed Platforms Located on the Continental Shelf
International Legal Instruments on Counter-Terrorism 1988 Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation, supplementary to the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation 1980 Convention on the Physical Protection of Nuclear Material 1979 International Convention against the Taking of Hostages 1973 Convention on the Prevention and Punishment of Crimes Against Internationally Protected Persons 1971 Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation 1970 Convention for the Suppression of Unlawful Seizure of Aircraft 1963 Convention on Offences and Certain Other Acts Committed On Board Aircraft
International Legal Instruments 1997 International Convention for the Suppression of Terrorist Bombings Creates a regime of universal jurisdiction over the unlawful and intentional use of explosives and other lethal devices in, into, or against various defined public places with intent to kill or cause serious bodily injury, or with intent to cause extensive destruction of the public place.
International Legal Instruments 1988 Protocol for the Suppression of Unlawful Acts Against the Safety of Fixed Platforms Located on the Continental Shelf Establishes a legal regime applicable to acts against fixed platforms on the continental shelf that is similar to the regimes established against international aviation.
International Legal Instruments 1980 Convention on the Physical Protection of Nuclear Material Criminalizes the unlawful possession, use, transfer or theft of nuclear material and threats to use nuclear material to cause death, serious injury or substantial property damage.
International Legal Instruments 1979 International Convention against the Taking of Hostages Provides that "any person who seizes or detains and threatens to kill, to injure, or to continue to detain another person in order to compel a third party, namely, a State, an international intergovernmental organization, a natural or juridical person, or a group of persons, to do or abstain from doing any act as an explicit or implicit condition for the release of the hostage commits the offence of taking of hostage within the meaning of this Convention".
International Legal Instruments 1973 Convention on the Prevention and Punishment of Crimes Against Internationally Protected Persons Defines an "internationally protected person" as a Head of State, Minister for Foreign Affairs, representative or official of a State or international organization who is entitled to special protection in a foreign State, and his/her family; and Requires parties to criminalize and make punishable "by appropriate penalties which take into account their grave nature" the intentional murder, kidnapping or other attack upon the person or liberty of an internationally protected person, a violent attack upon the official premises, the private accommodations, or the means of transport of such person; a threat or attempt to commit such an attack; and an act "constituting participation as an accomplice"
International Legal Instruments 1988 Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation, supplementary to the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation Extends the provisions of the Montreal Convention to encompass terrorist acts at airports serving international civil aviation
International Legal Instruments 1971 Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation Makes it an offence for any person unlawfully and intentionally to perform an act of violence against a person on board an aircraft in flight, if that act is likely to endanger the safety of the aircraft; to place an explosive device on an aircraft; to attempt such acts; or to be an accomplice of a person who performs or attempts to perform such acts; Requires parties to the Convention to make offences punishable by "severe penalties"; and Requires parties that have custody of offenders to either extradite the offender or submit the case for prosecution.
International Legal Instruments 1970 Convention for the Suppression of Unlawful Seizure of Aircraft Makes it an offence for any person on board an aircraft in flight to "unlawfully, by force or threat thereof, or any other form of intimidation, [to] seize or exercise control of that aircraft" or to attempt to do so; Requires parties to the convention to make hijackings punishable by "severe penalties" Requires parties that have custody of offenders to either extradite the offender or submit the case for prosecution; and Requires parties to assist each other in connection with criminal proceedings brought under the Convention.
Financial Action Task Force (FATF) FATF is an inter-governmental body established in 1989. The objectives of the FATF are to set standards and promote effective implementation of legal, regulatory and operational measures for combating money laundering, terrorist financing and other related threats to the integrity of the international financial system. The FATF has developed a series of Recommendations that are recognised as the international standard for combating of money laundering and the financing of terrorism First issued in 1990, the FATF Recommendations were revised in 1996, 2001, 2003 and most recently in 2012 to ensure that they remain up to date and relevant, and they are intended to be of universal application.
FATF Recommendations A. Legal Systems with the FATF Recommendations (Recommendations 21, 22) Scope of the criminal offence of money laundering (Recommendations 1, 2) Regulation and supervision (Recommendations 23-25) Provisional measures and confiscation (Recommendation 3) C. Institutional and other measures necessary in systems for combating Money B. Measures to be taken by FinancialLaundering and Terrorist Financing Institutions and Non-Financial Businesses and Professions to prevent Money Competent authorities, their powers and Laundering and Terrorist Financing resources (Recommendations 26-32) (Recommendation 4) Transparency of legal persons and arrangements (Recommendations 33, 34) Customer due diligence and record-keeping (Recommendations 5-12) D. International Co-operation Reporting of suspicious transactions and Recommendation 35 compliance (Recommendations 13-16) Mutual legal assistance and extradition Other measures to deter money laundering (Recommendations 36-39) and terrorist financing (Recommendations 17-20) Other forms of co-operation (Recommendation 40) Measures to be taken with respect to countries that do not or insufficiently comply
INTERPOL INTERPOL is the world s largest international police organization, with 190 member countries. INTERPOL, facilitates international police cooperation between Countries, even where diplomatic relations do not exist. Different actions are taken within the limits of existing laws in different countries and in the spirit of the Universal Declaration of Human Rights. INTERPOL s General Secretariat is based in Lyon, France, supported by the Global Complex for Innovation in Singapore, seven regional bureaus, and Special Representative offices at the African Union, the European Union and the United Nations.
SAARC Regional Convention on Suppression of Terrorism (1987) This convention was agreed upon by SAARC members to enhance cooperative and concerted efforts to prevent and eliminate terrorism from the region. It provides that each participating state shall refrain from activities instigating, assisting or participating in terrorist activities while also take effective measures to ensure perpetrators of such acts are duly prosecuted and punished.
Additional Protocol to the SAARC Regional Convention on Suppression of Terrorism (2006) This protocol affirmed determination of member states to increase individual and collective efforts, to prevent and suppress terrorism in all its forms and manifestations. Including, by increased co-operation and full implementation of the relevant international conventions relating to terrorism and to prevent/eliminate the financing of terrorist acts by criminalizing the provision, acquisition and collection of funds for such acts.
SAARC Terrorist Offences Monitoring Desk (1995) (STOMD) The main objectives of STOMD are; Collate, analyze, dissemination and sharing of information on crimes related to terrorism Exchange of expertise, experience, methodology and strategies to combat terrorism and other related organized crimes.
The Regional Anti-Terrorist Structure of Shanghai Cooperation Organization (RATSCO) RATSCO was established to promote international cooperation between member states in order to combat against terrorism, separatism, extremism, which pose a real threat to security of member States.
The Harare Scheme Relating to Mutual Assistance in Criminal Matters within the Commonwealth (1991) The purpose of this Scheme is to increase the level and scope of assistance rendered between Commonwealth Governments in criminal matters. It provides for the giving of assistance by the competent authorities of one country (the requested country) in respect of criminal matters arising in another country (the requesting country).
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