Comprehensive Convention on International Terrorism
Encyclopedia
The Comprehensive Convention on International Terrorism is a proposed treaty
which intends to criminalize all forms of international terrorism and deny terrorists, their financiers and supporters access to funds, arms, and safe havens. The negotiations of this treaty are currently under way has been under negotiation at the United Nations General Assembly
's Ad Hoc Committee established by Resolution 51/210 of 17 December 1996 on Terrorism and the United Nations General Assembly Sixth Committee (Legal). The negotiations are currently deadlocked.
. Thalif Deen described the situation as follows: "The key sticking points in the draft treaty revolve around several controversial yet basic issues, including the definition of ´terrorism´. For example, what distinguishes a "terrorist organisation" from a 'liberation movement'? And do you exclude activities of national armed forces, even if they are perceived to commit acts of terrorism? If not, how much of this constitutes 'state terrorism'?"
instrument, the definition of terrorism to be included in the proposed Convention must have, in the words of Carlos Diaz-Paniagua, the coordinator of negotiations on the proposed convention, the necessary "legal precision, certainty, and fair-labeling of the criminal conduct - all which emanate from the basic human rights
obligation to observe due process
." It cannot be a political definition.
The definition of the crime of terrorism which has been on the negotiating table of the Comprehensive Convention since 2002 reads as follows:
This definition is not controversial in itself; the deadlock in the negotiations arises instead from the opposing views on whether such a definition would be applicable to the armed forces
of a state and to Self-determination
movements. The coordinator of the negotiations, supported by most western delegations, proposed the following exceptions to address those issues:
The state members of the Organisation of the Islamic Conference
proposed instead the following exceptions:
Treaty
A treaty is an express agreement under international law entered into by actors in international law, namely sovereign states and international organizations. A treaty may also be known as an agreement, protocol, covenant, convention or exchange of letters, among other terms...
which intends to criminalize all forms of international terrorism and deny terrorists, their financiers and supporters access to funds, arms, and safe havens. The negotiations of this treaty are currently under way has been under negotiation at the United Nations General Assembly
United Nations General Assembly
For two articles dealing with membership in the General Assembly, see:* General Assembly members* General Assembly observersThe United Nations General Assembly is one of the five principal organs of the United Nations and the only one in which all member nations have equal representation...
's Ad Hoc Committee established by Resolution 51/210 of 17 December 1996 on Terrorism and the United Nations General Assembly Sixth Committee (Legal). The negotiations are currently deadlocked.
Deadlock
Currently, the negotiations of the Comprehensive Terrorism Convention are deadlocked because of differences over the definition of terrorismTerrorism
Terrorism is the systematic use of terror, especially as a means of coercion. In the international community, however, terrorism has no universally agreed, legally binding, criminal law definition...
. Thalif Deen described the situation as follows: "The key sticking points in the draft treaty revolve around several controversial yet basic issues, including the definition of ´terrorism´. For example, what distinguishes a "terrorist organisation" from a 'liberation movement'? And do you exclude activities of national armed forces, even if they are perceived to commit acts of terrorism? If not, how much of this constitutes 'state terrorism'?"
Proposed comprehensive definition of terrorism
Being a criminal lawCriminal law
Criminal law, is the body of law that relates to crime. It might be defined as the body of rules that defines conduct that is not allowed because it is held to threaten, harm or endanger the safety and welfare of people, and that sets out the punishment to be imposed on people who do not obey...
instrument, the definition of terrorism to be included in the proposed Convention must have, in the words of Carlos Diaz-Paniagua, the coordinator of negotiations on the proposed convention, the necessary "legal precision, certainty, and fair-labeling of the criminal conduct - all which emanate from the basic human rights
Human rights
Human rights are "commonly understood as inalienable fundamental rights to which a person is inherently entitled simply because she or he is a human being." Human rights are thus conceived as universal and egalitarian . These rights may exist as natural rights or as legal rights, in both national...
obligation to observe due process
Due process
Due process is the legal code that the state must venerate all of the legal rights that are owed to a person under the principle. Due process balances the power of the state law of the land and thus protects individual persons from it...
." It cannot be a political definition.
The definition of the crime of terrorism which has been on the negotiating table of the Comprehensive Convention since 2002 reads as follows:
This definition is not controversial in itself; the deadlock in the negotiations arises instead from the opposing views on whether such a definition would be applicable to the armed forces
Armed forces
The armed forces of a country are its government-sponsored defense, fighting forces, and organizations. They exist to further the foreign and domestic policies of their governing body, and to defend that body and the nation it represents from external aggressors. In some countries paramilitary...
of a state and to Self-determination
Self-determination
Self-determination is the principle in international law that nations have the right to freely choose their sovereignty and international political status with no external compulsion or external interference...
movements. The coordinator of the negotiations, supported by most western delegations, proposed the following exceptions to address those issues:
The state members of the Organisation of the Islamic Conference
Organisation of the Islamic Conference
The Organisation of Islamic Cooperation Upon the groups's renaming, some sources provided the English-language translation "Organisation of the Islamic Cooperation", but and have since indicated the preferred English translation omits the "the". is an international organisation consisting of 57...
proposed instead the following exceptions:
See also
- Definition of terrorismDefinition of terrorismThere is neither an academic nor an international legal consensus regarding the proper definition of the word "terrorism". Various legal systems and government agencies use different definitions of "terrorism". Moreover, the international community has been slow to formulate a universally agreed...
- International conventions on terrorism
- United Nations General Assembly Sixth Committee (Legal)