The use of the Internet

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16 THE USE OF THE INTERNET FOR TERRORIST PURPOSES B. United Nations counter-terrorism resolutions 42. The United Nations Global Counter-Terrorism Strategy 32 was unanimously adopted by the General Assembly in 2006, representing a milestone in the domain of multilateral counter-terrorism initiatives. Pursuant to the Strategy, Member States resolved, inter alia: (a) To consistently, unequivocally and strongly condemn terrorism in all its forms and manifestations, committed by whomever, wherever and for whatever purposes, as it constitutes one of the most serious threats to international peace and security; (b) To take urgent action to prevent and combat terrorism in all its forms and manifestations; (c) To recognize that international cooperation and any measures that [they] undertake to prevent and combat terrorism must comply with [their] obligations under international law, including the Charter of the United Nations and relevant international conventions and protocols, in particular human rights law, refugee law and international humanitarian law; (d) To work with the United Nations with due regard to confidentiality, respecting human rights and in compliance with other obligations under international law, to explore ways and means to “(a) Coordinate efforts at the international and regional levels to counter terrorism in all its forms and manifestations on the Internet; (b) Use the Internet as a tool for countering the spread of terrorism, while recognizing that States may require assistance in this regard” [emphasis added]. 43. Several Security Council resolutions adopted in recent years require States to cooperate fully in the fight against terrorism, in all its forms. In particular, resolutions 1373 (2001) and 1566 (2004), adopted under Chapter VII of the Charter of the United Nations, require legislative and other action to be taken by all Member States to combat terrorism, including through increased cooperation with other Governments in the investigation, detection, arrest, extradition and prosecution of those involved in terrorist acts; and call upon States to implement the international conventions and protocols relating to terrorism. 44. Another key Security Council resolution relating to terrorist activity that may be conducted by means of the Internet is resolution 1624 (2005), which addresses the incitement and glorification of terrorist acts. In its fourth preambular paragraph, the Council condemns “in the strongest terms the incitement of terrorist acts “and repudiates” attempts at the justification or glorification (apologie) of terrorist acts that may incite further terrorist acts”. In paragraph 1, it calls upon all States to adopt such measures as may be necessary and appropriate, and in accordance with their obligations under international law, to prohibit by law and prevent incitement to commit a terrorist act or acts. 32 General Assembly resolution 60/288.
CHAPTER II. THE INTERNATIONAl CONTExT 45. Recent United Nations reports and resolutions have specifically acknowledged the importance of countering terrorist use of the Internet as a key part of a comprehensive counter-terrorism strategy. In his 2006 report to the General Assembly entitled “Uniting against terrorism: recommendations for a global counter-terrorism strategy”, 33 the Secretary-General explicitly stated: “The ability to generate and move finances, to acquire weapons, to recruit and train cadres, and to communicate, particularly through use of the Internet, are all essential to terrorists.” 34 The Secretary-General went on to assert that the Internet was a rapidly growing vehicle for terrorist recruitment and dissemination of information and propaganda, which must be countered through coordinated action by Member States, while respecting human rights and other obligations under international law. 35 46. In its resolution 1963 (2010), the Security Council expressed “concern at the increased use, in a globalized society, by terrorists of new information and communications technologies, in particular the Internet, for the purposes of the recruitment and incitement as well as for the financing, planning and preparation of their activities.” The Council also recognized the importance of cooperation among Member States to prevent terrorists from exploiting technology, communications and resources. C. Universal counter-terrorism legal instruments 47. Since 1963, the international community has been developing universal legal instruments to prevent terrorist acts under the auspices of the United Nations and its specialized agencies, in particular the International Civil Aviation Organization and the International Maritime Organization, and the International Atomic Energy Agency. The universal counter-terrorism instruments represent a major element of the global regime against terrorism and an important framework for international cooperation in countering terrorism. These universal legal instruments cover acts ranging from the hijacking of aircraft to nuclear terrorism by individuals and groups 36 and require the States that adopt them to criminalize the most foreseeable terrorist acts in the areas covered by the conventions. Nevertheless, these universal legal instruments are legally binding only on the signatories thereto, 37 which are also responsible for enforcing the provisions through the domestic criminal justice systems. 48. As a result of the attention focused on countering terrorism following the adoption of Security Council resolution 1373 (2001), in which the Council called on 33 A/60/825. 34 Ibid., para. 38. 35 Ibid., paras. 58 and 60. 36 Other covered terrorist acts include acts of aviation sabotage, acts of violence at airports, acts against the safety of maritime navigation, acts against the safety of fixed platforms located on the continental shelf, crimes against internationally protected persons (such as the kidnapping of diplomats), acts of unlawful taking and possession of nuclear material, acts of hostage-taking, acts of terrorist bombings and acts of funding of the commission of terrorist acts and terrorist organizations. 37 For a list of the current ratification status of these universal legal instruments, please see www.unodc.org/tldb/ universal_instruments_NEW.html. 17
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