There are thirteen conventions that
have been put in place by the United Nations (UN) to combat terrorist
activities. They include:-
i.
International Convention for the Suppression of Terrorist Bombings, 2001.
ii.
International Convention for the Suppression of the Financing of Terrorism (New York, 9 December
1999).
iii.
International Convention for the Suppression of Acts of Nuclear Terrorism, 2005 [1]
iv. International convention against the
taking of hostages22.
As stated earlier, there are
thirteen conventions that “fight” terrorism but to mention a few.
i.
International Convention for the Suppression of Terrorist Bombings, 2001.
This Convention contains 24 articles
and strictly tackles the issue of terrorist bombings. Article 2 of this
convention provides for the acts that constituted terrorist bombing and when it
can be said that terrorist bombing has been done or committed. It provides
thus:-
i. Any person commits an offence within
the meaning of this convention if that person unlawfully and intentionally
delivers, places, discharges or detonates an explosive or other lethal device
in, into or against a place of public use, a state or government faculty, a
public transportation system or an infrastructure facility.
(a) With the intent to cause death or serious
bodily injury, or
(b) With the intent to cause extensive
destruction of such a place, facility
or system, where such destruction results in or is likely to result in major economic loss.
[2]
2. Any person also commits an offence if
that person attempts to commit
an offence as set forth in paragraph 1,
3. Any person also commits an offence if
that person
(a) Participates as an accomplice in an
offence as set forth in paragraph 1
or 2, or
(b) Organizes or directs others to commit an
offence as set forth in paragraph
1 or 2; or
(c) In any other way contributes to the
commission of one or more offences
as set forth in paragraph 1 or 2 by a group of persons acting with a common purpose, such contribution shall be intentional and either be made with
the aim of furthering the general criminal activity or purpose of the group or
be made in the knowledge of the intention of the group to commit the offence or
offences concerned.
Under Article 3, the Convention
provides that “this convention shall not apply where the offence is committed
within a single state, the alleged offender and the victims are nationals of
the state, the alleged offender is found in the territory of the state and no
other state has basis under article
paragraph 1, or Article 6 paragraph 2, of this convention to exercise
jurisdiction, except that the provisions of articles 10 to 15 shall as
appropriate, apple in those cases”.
Now, what is the basis another state
does not have under article 6 paragraphs 1 and 2 to exercise jurisdiction as
pointed out in article 3?
Article 6 paragraphs 1 and 2
provides thus:
i. Each state party shall take such
measures as may be necessary to establish its jurisdiction over the offences
set forth in article 2 when:
(a) The offence is committed in the territory
of that state; or
(b) The offence is committed on board a
vessel flying the flag of that state
or an aircraft which is registered under the laws of that state at the time the offence is committed; or
(c) The offence is committed by a national of
that state.
2. A state party may also establish its
jurisdiction over any such offence
when:
(a) The offence is committed against a
national of that state; or
(b) The offence is committed against a state
or government facility of that state
aboard, including an embassy or other diplomatic or consular premises of that state; or
(c) the offence is committed by a stateless
person who has his or her habitual
residence in the territory of that state; or
(d) The offences is committed in an attempt
to compel that state to do or abstain
from dong any act; or
(c) The offence is committed on broaden
aircraft which is operated by the
government of the state.
Despite the import of article 6
paragraphs 1 and 2 however, article 10 provides;
1. State parties shall afford one another
the greatest measure of assistance in connection with investigations or
criminal or extradition proceedings brought in respect of the offences set
forth in article 2, including assistance in obtaining evidence at their
disposal necessary for the proceedings.
2. State parties shall carryout their
obligations under paragraph 1 in conformity with any treaties or other
arraignments on mutual legal assistance that may exist between them. In the
absence of such treaties or arrangements, state parties shall afford one
another assistance in accordance with their domestic law.
Again, article 15 of the convention
further states that state parties shall cooperate in the prevention of the
offences set forth in article 2, particularly.
a) By taking all practicable measures,
including if necessary, adapting their domestic legislation to prevent and
counter preparations in their respective territories for the commission of
those offences within or outside their territories, including measures to
prohibit in their territories illegal activities of persons, groups and
organizations that encourage, instigate, organize, knowingly finance or engage
in the perpetration of offences as set forth in article 2;
b) By exchanging accurate and verified
information in accordance with their national law, and coordinating
administrative and other measures taken as appropriate to prevent the
commission of offences as set forth in article 2;
c) Where appropriate, through research and
development regarding methods of detection of explosives and other harmful
substances that cause death or bodily injury, consultations on the development
of standards for making explosives in order to identify their origin in
post-blast investigations, exchange of information on preventive measures,
cooperation and transfer of technology, equipment and related materials.
On punishment for an offence under
this convention, the convention provides under Article 5 of the convention
that;
Each state party shall adopt such measures as may be
necessary, including, where appropriate, domestic legislation, to ensure that
criminal acts within the scope of this convention, in particular where they are
intended or calculated to provoke a state of terror in the general public or in
a group of persons or particular persons, are under no circumstances justifiable
by consideration of political, philosophical, ideological, racial, ethnic,
religious or other similar nature and are punished by penalties consistent with
their grave nature.
The
import of articles above is that state parties to the convention- should adopt
such punishment measure that consummate to the grave nature of the offence.
ii. International Convention for the Suppression of
the Financing of Terrorism, 1999.
This
particular convention is concerned with the suppression of the financing of
terrorism. The convention provides that;
i. Any
person who commits an offence within the provions of this convention if that
person by any means directly or indirectly, unlawfully and willfully, provides
or collects funds with the intention that they should be used or in the
knowledge that they are to be used, in full or in part; in order to carryout;
(a) An act
which constitutes an offence within the scope of and as defined in one of the
treaties listed in the annex, or
(b) Any
other act intended to cause death or serious bodily injury to a civilian, or to
any other person not taking an active part in the hostilities in a situation of
armed conflict, when the purpose of such act, by its nature or context, is to
intimidate a population or to compel a government or an international
organization to do or to abstain from doing any act.
2a. On
depositing its instrument of ratification acceptance, approval or accession, a
state party which is not a party to a treaty listed in the annex may declare
that, in the application of this convention to the state party, the treaty
shall be deemed not to be included in the annex referred to in paragraph 1, subparagraph.
(a) The
declaration shall cease to have effect as soon as the treaty enters into force
for the state party, which shall notify the depositary of this fact;
(b) When a
state party ceases to be party to a treaty listed in the annex, it may make a
declaration as provided for in this article, with respect to that treaty.
3. For an
act to constitute an offence set forth in paragraph 1, it shall not be
necessary that the funds were actually used to carry out an offence referred to
in paragraph1, subparagraphs (a) or (b).
4. Any
person also commits an offence if that person.
(a) Participates
as an accomplice in an offence as set forth in paragraph 1, or 4 of this
article;
(b) Organizes
or directs others to commit an offence as set forth in paragraph 1 or 4 of this
article;
(c) Contributes
to the commission of one or more offences as set forth in paragraphs 1 or 4 of
this article by a group of persons acting with a common purpose. Such
contribution shall be international and shall either:
(i) be
made with the aim of furthering the criminal activity or criminal purpose of
the group, where such activity or purpose involves the commission of an offence as set forth in
paragraph 1 of this article, or
(ii) Be
made in the knowledge of the intention of the group to commit an offence as set
forth in paragraph 1 of this article 23.
However,
it is worth noting that akin to the international convention for the
suppression of terrorist, 1999 under its article 3 provides for a situation
where the convention will not apply in relation to an offence under article 2
of the convention it provides; [3]
This
Convention shall not apply where the offence is committed within a single
state, the alleged offender is a national of that state and is present in the
territory of that state and no other state as a basis under article7, paragraph
1, or article 7, paragraph 2, to exercise jurisdiction, except that the
provisions of articles 12 to 18, as appropriate, apply in those cases.
For easy assimilation of the
provisions of articles 7 (1) or (2) and 12 to 18 of the international
convention for the suppression of financing of terrorism, compare them to the
provisions of articles 6(1) or (2) and 10 and 15 of the international
convention for the suppression of terrorist bombing cited above.
For the punishment of the offence of
financing of terrorism, the convention provides under its article5 as follows;
1. Each state party, in accordance with
its domestic legal principles, shall take the necessary measures to enable a
legal entity located in its territory or organized under its laws to be held liable
when a person responsible for the management or control of that legal entity
has, in that capacity, committed an offence set forth in article 2. Such
liability may be criminal, civil or administrative.
2. Such liability is incurred without
prejudice to the criminal liability of individuals having committed the
offences.
3. Each state party shall ensure, in
particular, that legal entities liable in accordance with paragraph 1 above are
subject to effective, proportionate and dissuasive criminal, civil or
administrative sanctions. Such sanctions may include monetary sanctions.
iii. International convention for the
suppression of Acts of Nuclear Terrorism, 2005.
Article 2 of this convention similar
to article 2 of the conventions on terrorist bombing and financing of
terrorism, provides for the things that constitute an offence under the
convention article 3 of this convention like article 3 of the first two
conventions, provides for a situation where the convention will not apply on
the basis of article 9(1) or (2) and expect on the provisions of articles 7,
12, 14, 15 16 and 17 shall, as appropriate, apply in those case.
For the punishment, article 5 of the
convention provides that;
Each state party shall adopt such measures as may be
necessary;
(a) To establish as criminal offense under its
national law the offences set forth in article2;
(b) To make those offences punishable by appropriate
penalties which take into account the grave nature of these offences.
(iv)
International Convention against the Taking of Hostages
Article 1.1 any person who sizes or
detains and threatens to kill, to injure or to continue to detain another
person (hereinafter referred to as the hostage”) in order to compel a third
party, namely, a state, an international intergovernmental organization, a
natural or juridical person, or a group of persons to do or abstain from doing
any act as an explicit or implicit condition for the release of the hostage
commits the offence of taking of hostages (hostage taking) within the meaning
of this Convention.
2. Any person who:
(a) Attempts to commit an act of hostage
taking, or
(b) Participates as an accomplice of any one
who commits or attempts to commit an act of hostage taking, likewise commits
the offence for the purposes of this convention.
Article
2. Each state party shall make the offences set forth in article punishable by
appropriate penalties which take into account the grave nature of those
offences.
All those four conventions discussed
above are but some of the means adopted by the UN to counter terrorism
globally/internationally.
Before we continue with chapter four
of this paper, let us have a glance at the “tips” of the four of the other nine
conventions on terrorism.
1. 1963 Convention on Offences and Certain
Other Acts committed on Board Aircraft (“Tokyo convention”) on the safety of
aviation.
·
Applies to acts
affecting in flight safety,
·
Authorizes the
aircraft commander to impose reasonable measures, including restraint, on any
person he or she has reason to believe has committed or is about to commit such
act, where necessary to protect the safety of the aircraft; and
·
Requires
contracting states to take custody of offenders and to return control of the
aircraft to the lawful commander of the aircraft to the lawful commander,
2. 1979 Convention for the Suppression of Unlawful
Seizure of Aircraft (“Hague Convention”) on aircraft hijackings
·
Makes it an
offence for any person on board an aircraft in flight to “unlawfully, by force
or threat thereof, or any other form of intimidation, to seize or exercise
control of that aircraft or to attempt to do so;
·
Requires parties
to the convention to make hijackings punishable by “severe penalties”,
·
Requires parties
that have custody of offenders to either extradite the offender or submit the
case for prosecution: and
·
Requires parties
to assist one another in connection with criminal proceedings brought under the
convention.
3. 1971
Convention for the Suppression of unlawful Acts against the Safety of Civil
Aviation (“Montreal convention”) on acts of Aviation Sabotage such as Bombings
Board Aircraft in Flight.
·
Makes it an
offence for any person unlawfully and internationally to perform an act of
violence against a person on board an aircraft in flight, if that act is likely
to endanger the safety of the aircraft: to place an explosive device on an
aircraft; to attempt such acts, or to be an accomplice of a person who performs or attempts to
perform such acts;
·
Requires parties
to the convention to make offences punishable by “severe penalties” and
·
Requires parties
to have custody of offenders to either extradite the offender or submit the
case for prosecution.
4. 1973
convention on the prevention and punishment of crimes against internally
protected persons on attacks on senior government officials and diplomats.
·
Defines an
“internationally protected persons” as a head of state, minister for foreign
affairs representative or official of a state or international organization who
is entitled to special protection in a foreign state, and his/her family; and
·
Requires parties
to criminalize and make punishable “by appropriate penalties which take into
account their grave nature” the internationally protected person, a violent
attack upon the official premises, the private accommodations, or the means of
transport of such person; a threat or attempt to commit such an attack; an act
“constituting participation as an accomplice.