• exchanging information and evidence needed in related criminal proceedings.
At the same time, the offences referred to in each of the conventions are deemed to be extraditable offences between states parties under existing extradition treaties, and under the
convention itself.
While the UN has been concerned with issues arising out of terrorism for many years, there
has been an urgency to ensure an effective and co-ordinated international response since the
events of 11 September 2001. These initiatives have mainly been taken in the UN Security
Council, but the General Assembly and the Commission on Human Rights have become
increasingly involved.44
The UN Commission on Human Rights has now been replaced by the Human Rights Council. The procedures used by the Commission to promote and protect human rights, such as
the work of the Sub-Commission and the special rapporteurs are to continue under the new
Council. This manual therefore focuses on the procedures and approach of the old Commission, which retain their status.
The following are the key resolutions that form the basis of the UN’s current approach: 45
• Security Council Resolution 1269 (1999), obliging states to co-operate to prevent and suppress terrorist attacks and to bring perpetrators to justice;
• Security Council Resolution 1373 (2001), obliging states to implement more effective
counter-terrorism measures at national level and to increase international co-operation in
the struggle against terrorism, and creating a Counter-Terrorism Committee to monitor
action;
• Security Council Resolution 1456 (2003), obliging states to ensure that “any measure taken
to combat terrorism comply with all their obligations under international law, and [to]
adopt such measures in accordance with international law, in particular international human rights, refugee, and humanitarian law”;
• Security Council Resolution 1624 (2005), calling on states “to prohibit by law incitement
to commit a terrorist act or acts” as well as prevention of such acts and the denial of safe
haven to perpetrators. It also calls upon states to “continue international efforts to enhance
dialogue and broaden understanding between civilisations in an effort to prevent the indiscriminate targeting of different religions and cultures […]”;
• General Assembly Resolution 58/187 (2004): “States must ensure that any measure taken
to combat terrorism complies with their obligations under international law, in particular
international human rights, refugee and humanitarian law [and] raise awareness about
the importance of these obligations among national authorities involved in combating
terrorism.”
Of these resolutions, UN Security Council Resolution 1373 is of particular importance in
that it provides a basis for domestic legal action against terrorism and a new basis for the
UN’s law-enforcement approach to anti-terrorist measures. The resolution, adopted under
Chapter VII of the UN Charter, “decides that all states shall” take specific action to suppress the financing of terrorist acts, including criminalizing fundraising for terrorist groups,
44 See, for instance, UN Commission on Human Rights, Resolution 2004/87, doc. E/CN.4/RES/2004/87, 21 April
2004.
45 Each document and further details may be found at http://www.un.org/terrorism.
Countering Terrorism, Protecting Human Rights
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