2007 Issue 1 - New York City Bar Association

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I N T E R N A T I O N A L S E C U R I T Y A F F A I R S establish jurisdiction over suspected offenders located in their territory and prosecute or extradite them. (B) 2005 International Convention for the Suppression of Acts of Nuclear Terrorism A recent development in the network of anti-terrorism treaties was the adoption of a convention addressing terrorist acts using, threatening to use, or aiming to use nuclear weapons or radiological bombs or involving damage to a nuclear reactor or facility. It also encourages States to cooperate in preventing terrorist attacks by sharing information and assisting each other in connection with criminal investigations and extradition proceedings. On April 13, 2005, the General Assembly adopted the treaty, and it opened for signature on September 14. It will enter into force when ratified by 22 states. Under its provisions, alleged offenders must be either extradited or prosecuted. It excludes activities of armed forces during an armed conflict, while also providing that it does not address the issue of the legality of the use or threat of use of nuclear weapons by states. (C) Assessing the Anti-Terrorism Treaty Regime The value that most of these treaties bring to the fight against terrorism is that they require states to take action against terrorist acts or actors within their territories and to ensure that their legal systems, particularly their criminal codes, are equipped to address these crimes. There have been some successes associated with these treaties. For example, in 1986, John F. Murphy, an expert on international terrorism, noted a general decline in aircraft hijacking “due in part to the preventive techniques mandated by [the International Civil Aviation] conventions and now employed both in airports and aboard aircraft.” 19 Although the author observed that hijackings were on the rise again because hijackers were learning to avoid the security devices, he found that “[t]here is also ample evidence that hijackers have been submitted for prosecution either in the states where they have been found or in states to which they have been extradited. The [International Civil Aviation] conventions appear to have played a useful role in support of these prosecutions.” 20 The treaties on terrorism, however, are limited in what they are able 19. John F. Murphy, The Future of Multilateralism and Efforts to Combat International Terrorism, 25 Colum. J. Transnat’l L. 35, 45 (1986). 20. Id. T H E R E C O R D 28
P R E V E N T I O N A N D P R O S E C U T I O N O F T E R R O R I S T A C T S to accomplish. They largely focus on prosecution, not prevention. 21 Due to their ad hoc nature, there are gaps in what they cover. For example, they do not extend to assassinations of non-official professionals such as businessmen and journalists and do not specifically criminalize attacks against water supplies, public buses or trains. 22 Most are far from universal, meaning that many states have not adopted them. They do not create any regulatory bodies to monitor implementation or ensure states’ compliance. No sanctions exist for states parties that refuse to extradite or prosecute terrorists or that harbor terrorists. Several of the treaties are weakened by failure to reach acts that are committed solely within one state’s territory and are inconsistent as to whether they permit refusal of extradition of suspects based on grounds of political acts. 23 The following discussion details some of the attempts being made to address gaps in this treaty system. Since the September 11, 2001 terrorist attacks, progress has been made on the goal of universal ratification of the anti-terrorism treaties. In September 2001, the Security Council passed Resolution 1373, which requires states to take a series of actions to combat terrorism (discussed below). 24 It also calls upon states to become parties to the twelve international terrorism conventions and to increase cooperation in the fight against terrorism. The Counter-Terrorism Committee (CTC), the committee created to monitor implementation of Resolution 1373, is contributing to states’ efforts to become parties to all twelve instruments. The CTC has been identifying those states that need assistance with the ratification process and working to ensure such states receive help from appropriate assistance providers. Prior to Resolution 1373, only a few states had ratified all 12 anti-terrorism conventions. After two years, over 40 states had done so. 25 Efforts to improve the treaty regime continue within the United Na- 21. Jennifer Trahan, Terrorism Conventions: Existing Gaps and Different Approaches, 8 NEW ENG. INT’L & COMP. L. ANN. 215, 222-25 (2002). 22. See Michael P. Scharf, Defining Terrorism As the Peace Time Equivalent of War Crimes: A Case of Too Much Convergence Between International Humanitarian Law and International Criminal Law, 7 ILSA J. INT’L & COMP. L. 391, 393 (2001), cited in Trahan, supra note 21 at n. 19. 23. Trahan, supra note 21 at 225-26; 229-30. 24. S.C. Res. 1373, U.N. SCOR, 57 th Sess. 4385 th mtg., U.N. Doc. S/Res/1373 (2001). 25. Fight against Terrorism Would be long with No Short Cuts, Counter-Terrorism Committee Chairman Tells Security Council, UN Press Release, Security Council, 4792 nd mtg., U.N. Doc SC/7823 (2003). 2 0 0 7 V O L. 6 2 , N O. 1 29
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2007 Issue 1 - New York City Bar Association

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