Counter-Terrorism Law

Counter-terrorism Law – a comparative analysis
Outline
Counter-terrorism Law of the United Nations
Before 11.09.2001
Since the 1970’s the UN General Assembly has tried to reach a consensus on a definition of terrorism, without success . This failure explains why terrorism as such was not included as a crime within the jurisdiction of the International Criminal Court. The General Assembly resisted American proposals for a draft convention on international terrorism. Instead it took part in several act-specific Conventions such as the Convention for the Suppression of Terrorism Financing in 1999. In the same year Security Council Resolution 1267 was issued. The resolution recalled that Osama bin Laden and his associates had been indicted in the

Under Chapter VII it declares international terrorism a threat to “international peace and security” and imposes binding obligations on all UN member states . It established a committee of the Security Council (CTC), consisting of all members of the Council, to monitor the implementation of the resolution . The Council decided that all States should “prevent and suppress the financing of terrorism, as well as criminalise the wilful provision or collection of funds for such acts” . By requiring states to “ensure that, in addition to any other measures against them, such terrorist acts are established as serious criminal offences in domestic laws and regulations and that the punishment duly reflects the seriousness of such terrorist acts” Resolution 1373 seeks to criminalize terrorism. It furthermore urges all States to join the 1999 international Convention on the Suppression of the Financing of Terrorism. Resolution 1373 thus heavily focusses on the prevention of financing of terrorism, while later it became clear that measures aiming at the prevention of financing of terrorism have a limited impact. In its 2004 report the 9/11-commission stated that the 9/11 plotters spent between 400.000$ -500.000$ on the plot and that they “moved, stored and spent their money in ordinary way, easily defeating the detection mechanisms at the time. The origins of the funds remain unknown” . The 9/11 commission expressed skepticism

§2 (g) states the need for “effective border controls” to prevent the movement of terrorists or terrorist groups” . §3 (f) and (g) warned states to make sure “that refugee status is not abused by perpetrators, organizers or facilitators of terrorist acts” . In §2 (d) Resolution 1373 decides that states shall “take the necessary steps to prevent the commission of terrorist acts, including by provision of early warning to other States by exchange of information” , to promote the sharing of information between states