Five International Terrorism Conventions
Five International Terrorism Conventions
Terrorism has been an international problem since 1934, at the time, the League of Nations started discussions towards outlawing the scourge by developing a convention to fight terrorism. However, the policy was launched in 1937 but never implemented. The first international treaty that was focused on eradicating terrorism was launched in Tokyo in 1963, which was referred to as the Convention on Offences and Certain Other Acts Committed on Board Aircraft. Following this step, several other conventions came to birth. For the purpose of this paper, only five agreements will be discussed. The primary role of this research is to examine the use of these conventions along with how they function in the international community.
Agreements under study will be discussed separately. The principal primary responsibility established by the international treaties developed to challenges these forms of crime was to implement the policy as described by the agreement at hand , in a domestic law and come up with punishment that reflects the magnitude of the offence (O’Donnell, 2006).
Purpose of the conventions
The 1997 International Convention on Suppression of Terrorist Bombings
The agreement prohibits intentional and improper placement, detonation, or delivery of explosives or other lethal substances in places of regarded as public, governmental resources center as well as transportation terminals. With the intention of causing loss of lives, injuries, and destruction of property (O’Donnell, 2006). However, the term lethal is used to mean biological, radioactive or chemical weapons. Since using deadly weapons is an essential part of the mission, the exclusionary clauses are particularly important for this policy (Witten, 1998).
Moreover, the analysis of the laws and their scope can be performed in three perspectives. First, their association with any actions perpetrated by an armed force officer during a clash. Their connection to actions done to an armed forces during a clash. Third, their association to acts performed by an armed force without the existence of a clash. Additionally, like other previous conventions on hostage taking and protected persons, this convention requires states to submit or extradite people accused of adding or committing such offences for prosecution (Witten, 1998).
The 2005 International Convention on Suppression of Acts of Nuclear Terrorism.
It requires every state to implement the actions and crimes within the scope of the treaty as criminal offences under their state laws. Consequently, the state is supposed to make such offences and acts punishable by appropriate penalties (O’Donnell, 2006). Furthermore, the treaty imposes the obligation to come up with jurisdiction, territorial, and extra-territorial, as it may be necessary for the crimes and offences set by the convention. To strengthen the regime, the treaty has standard provisions that exist in earlier agreements. Moreover, article seven of the treaty requires member states to cooperate by taking all necessary measures to avert and respond to their own jurisdictions, for the perpetrating outside or within their states, of actions or crimes set by the treaty (Legal.un.org, 2016).
Additionally, this is done by exchanging verified and accurate information or by coordinating administrative measures to detect, suppress, prevent and investigate such crimes. The member state also has a mandate of instituting criminal proceedings against people alleged of committing such crimes. Moreover, to prevent offences in the treaty, countries are obliged to make efforts to adopt necessary and appropriate mechanisms for the protection of radioactive materials, not forgetting the functions and recommendations of international atomic energy agency (IAEA) (Legal.un.org, 2016).
The 1999 International Convention on Suppression of Financing Terrorists
This convention recognizes it is a crime for an individual unlawfully or willfully, directly or indirectly, to collect or provide funds with intention or knowledge that they are to be used to carry out an offence. Furthermore, the treaty states that a crime is committed when financing is provided for an intended bodily injury or death to a citizen or any other civilian not taking part in the armed conflict (O’Donnell, 2006). However, article three does not reflect on crimes performed in a one state where the perpetrator is a citizen of the state (Publications.gc.ca, 2016). Moreover, article six of the convention requires that member nations should guarantee that crimes under the treaty are not permissible by the consideration of ideological, racial, ethnic, political or other factors.
Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic and Agents
This provisions impose that people alleged to have committed serious attacks against diplomats or other internationally protected officials or individuals should either be available for extradition, their case submitted to the state prosecutors or extradited for the purpose of prosecution (Legal.un.org, 2016). Article thirteen of the convention provides a clause where countries in case of dispute settlement can opt out, although some reservations were removed after the end of cold war. However, article fourteen provides the treaty be open for all states to participate (State.gov, 2016).
The 1980 Convention on the Physical Protection of Nuclear Material
The scope of the treaty is to cover the physical protection of substances that are nuclear in nature in domestic use, transportation, and storage and the protection of nuclear facilities and materials against sabotage. The provisions of the treaty require member states to meet defined standards and make necessary arrangements of nuclear materials for the benefit of peace (NTI: Nuclear Threat Initiative, 2015). Furthermore, the convention requires member states not to import or export nuclear materials unless they have the assurance that the contents will be protected under the treaties determined levels of safety (State.gov, 2016). Moreover, member nations should cooperate in the protection and recovery of stolen or lost nuclear materials through sharing of information.
Their function in the international community
These treaties form the basis from which crime offenders can be extradited for the purpose of prosecution. Different nations can negotiate the way they can acquire and prosecute citizens of other countries who have committed terrorist attacks (Witten, 1998).Moreover, article six of the treaty states that alleged criminal offenders in a state must be available for extradition or prosecution Furthermore, these treaties facilitate the sharing of information that helps keep the world safe from a nuclear war. Besides, the principal primary requirement established by the international treaties on these forms of crime; is to implement the acts as described by the conventions at hand into a domestic law and come up with punishment that reflects the magnitude of the offence(State.gov, 2016).
Legal.un.org,. (2016). United Nations Audiovisual Library of International Law. Retrieved 12 February 2016, from http://legal.un.org/avl/ha/icsant/icsant.html
Legal.un.org,. (2016). United Nations Audiovisual Library of International Law. Retrieved 13 February 2016, from http://legal.un.org/avl/ha/cppcipp/cppcipp.html
NTI: Nuclear Threat Initiative,. (2015). Convention on the Physical Protection of Nuclear Material (CPPNM) | NTI. Retrieved 13 February 2016, from http://www.nti.org/treaties-and-regimes/convention-physical-protection-nuclear-material-cppnm/
O’Donnell, D. (2006). International treaties against terrorism and the use of terrorism during armed conflict and by armed forces. Irc, 88(864), 853. http://dx.doi.org/10.1017/s1816383107000847
Publications.gc.ca,. (2016). The International Convention on the Suppression of the Financing of Terrorism (PRB 01-18E). Retrieved 12 February 2016, from http://publications.gc.ca/Collection-R/LoPBdP/BP/prb0118-e.htm
State.gov,. (2016). 8/17/98: International Terrorism Conventions. Retrieved 12 February 2016, from http://www.state.gov/www/global/terrorism/980817_terror_conv.html
Witten, S. (1998). The International Convention for the Suppression of Terrorist Bombings. The American Journal Of International Law, 92(4), 774. http://dx.doi.org/10.2307/2998146