David Scheffer Options for Pro secuting International Te r ro rists B ...

Resolution 1333 (2000)
The Security Council, . . .
R e c a l l i n g t he re l e v a nt int e r na t io nal count e r - t e r rorism convent io ns and in partic u l a r
t he oblig a t io ns of parties to those convent io ns to ex t radite or prosecute terro r i s t s,
Strongly condemning t he cont i nu i ng use of the areas of Afghanistan under the cont
rol of the Afghan fa c t ion known as Taliban, which also calls itself the Is l a m ic Emira t e
of Afghanistan (he re i nafter known as the Taliban), <strong>for</strong> the she l t e r i ng and tra i n i ng of terrorists
and planning of terrorist acts, and reaffirming its convic t ion that the suppre s s io n
of int e r na t io nal terrorism is essent ial <strong>for</strong> the ma i nt e na nce of int e r na t io nal peace and
s e c u r i t y, . . .
Deploring t he fact the Taliban cont i nues to pro v ide safe haven to Us a ma bin Lade n
a nd to allow him and others associated with him to operate a network of terrorist tra i ni
ng camps from Ta l i b a n - c o nt rolled territory and to use Afghanistan as a base from whic h
to sponsor int e r na t io nal terrorist opera t io ns,
N o t i n g t he ind ic t me nt of Us a ma bin Laden and his associates by the United States of
A me r ica fo r, inter alia, the 7 August 1998 bombings of the United States embassies in
Na i robi, Ke nya and Dar es Salaam, Ta n z a n ia and <strong>for</strong> cons p i r i ng to kill Ame r ican na t io nals
outside the United States, and noting also t he request of the United States of Ame rica
to the Taliban to surre nder them <strong>for</strong> trial (S/1999/1021), . . .
D e t e r m i n i n g that the fa i l u re of the Taliban autho r i t ies to re s p o nd to the de ma nds . . .
in para g raph 2 of re s o l u t ion 1267 (1999) constitutes a threat to int e r na t io nal peace and
s e c u r i t y, . . .
Ac t i n g u nder Chapter VII of the Charter of the United Na t io ns,
1. Demands that the Taliban comply with re s o l u t ion 1267 (1999) and, in partic u l a r,
cease the pro v i s ion of sanc t uary and tra i n i ng <strong>for</strong> int e r na t io nal terrorists and their org an
i z a t io ns, take appro p r iate effective me a s u res to ens u re that the territory under its cont
rol is not used <strong>for</strong> terrorist ins t a l l a t io ns and camps, or <strong>for</strong> the pre p a ra t ion or
o rg a n i z a t ion of terrorist acts against other States or their citizens, and cooperate with
i nt e r na t io nal ef<strong>for</strong>ts to bring ind icted terrorists to justic e ;
2. Demands also that the Taliban comply without further delay with the de ma nd of
t he Security Council in para g raph 2 of re s o l u t ion 1267 (1999) that re q u i res the Ta l i b a n
to turn over Us a ma bin Laden to appro p r iate autho r i t ies in a country whe re he has been
i nd ic t e d, or to appro p r iate autho r i t ies in a country whe re he will be re t u r ned to such a
c o u nt r y, or to appro p r iate autho r i t ies in a country whe re he will be arrested and effectively
bro u g ht to justic e ;
3. Demands further that the Taliban should act swiftly to close all camps whe re terrorists
are tra i ned within the territory under its cont rol, and c a l l s <strong>for</strong> the confirma t ion of
s uch closures by the United Na t io ns, inter alia, through info r ma t ion ma de available to
t he United Na t io ns by Member States in accorda nce with para g raph 19 below and
t h rough other me a ns necessary to assure complia nce with this re s o l u t ion; . . .
16. R e q u e s t s t he Committee to fulfil its ma ndate by unde r t a k i ng the fo l l o w i ng tasks
in add i t ion to those set out in re s o l u t ion 1267 (1999): . . . (b) To establish and ma i ntain
updated lists, based on info r ma t ion pro v ided by States and re g io nal org a n i z a t io ns,
of ind i v iduals and ent i t ies de s ig nated as being associated with Us a ma bin Laden. . . .
Resolution 1368 (2001)
The Security Council, . . .
Recognizing t he inhe re nt rig ht of ind i v idual or collective self-de f e nce in accorda nc e
with the Charter,
1. Unequivocally condemns in the stro ngest terms the ho r r i f y i ng terrorist attacks whic h
took place on 11 September 2001 in New York, Wa s h i ngton, D.C. and Pe n ns y l v a n ia and
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