Date: September 28, 2001
History & Development: United Nations Security Council Resolution 1373 is a counter-terrorism measure adopted September 28, 2001, following the September 11 terrorist attacks on the United States.
The resolution was adopted by a unanimous UN Security Council under Chapter VII of the United Nations Charter, and is therefore binding on all UN member states.
It marks a shift in international law, as the latter was presumed to be valid only if the concerned state had voluntarily signed the international treaty; whereas here the Security Council imposed the resolution on all member states.
According to the press release, the "meeting, which began at 10:50 p.m., adjourned at 10:53 p.m." and thus lasted three minutes. There is no record of the meeting, and although the United States is widely credited with initiating Resolution 1373, it is not known who really was responsible for its passage.
Purpose: The resolution aimed to place barriers on the movement, organization and fund-raising activities of terrorist groups. UN member states were encouraged to share their intelligence on terrorist groups in order to assist in combating international terrorism. The resolution also calls on all states to adjust their national laws so that they can ratify all of the existing international conventions on terrorism. It stated that all States "should also ensure that terrorist acts are established as serious criminal offences in domestic laws and regulations and that the seriousness of such acts is duly reflected in sentences served."
It also aimed at restricting immigration law, stating that "before granting refugee status, all States should take appropriate measures to ensure that the asylum seekers had not planned, facilitated or participated in terrorist acts. Further, States should ensure that refugee status was not abused by the perpetrators, organizers or facilitators of terrorist acts, and that claims of political motivation were not recognized as grounds for refusing requests for the extradition of alleged terrorists."
Problems: However, the resolution failed to define 'Terrorism', and the working group initially only added Al-Qaida and the Taliban regime of Afghanistan on the sanctions list. This also entailed the possibility that authoritarian regimes could label even non-violent activities as terrorist acts, and thus infringing upon basic human rights.
2003 Improvement: Resolution 1456 (2003) The absence of any specific reference to human rights considerations was remedied in part by Resolution 1456 (2003) which declared that "States must ensure that any measure taken to combat terrorism comply with all their obligations under international law, and should adopt such measures in accordance with international law, in particular, international human rights, refugee, and humanitarian law."
Resolution 1566 adopted on 8 October 2004 : UN Security Council Resolution 1566 picked up loose ends from 1373 by actually spelling out what the Security Council sees as terrorism:
"criminal acts, including against civilians, committed with the intent to cause death or serious bodily injury, or taking of hostages, with the purpose to provoke a state of terror in the general public or in a group of persons or particular persons, intimidate a population or compel a government or an international organization to do or to abstain from doing any act."
Although this definition has operative effect for the purposes of Security Council action, it does not represent a definition of "terrorism" which binds all states in international law. That is a task which could only be achieved by way of agreeing to an international treaty under the auspices of the UN General Assembly. Negotiations towards agreeing to such are ongoing, and a Comprehensive Convention exists in draft form, however agreement to its exact terms, most particularly the definition of "terrorism", remains elusive.
Resolution 1566 also called for the creation of a working group that will expand the list of terrorist entities under sanction beyond the Taliban and Al-Qaida.
CTC 2008 report:
Recommendations of the Counter Terrorism Committee 2008 report included increased measures concerning illegal immigration (considered, without evidence, as a serious risk to security) as well as:
to "Promote inter-agency coordination and the exchange of counter-terrorism information at the national, regional and international levels";
to "Encourage States to establish dedicated and permanent counter-terrorism units, with the assistance of experts seconded from various specialized institutions, in areas such as criminal law, counter-financing of terrorism and border control";
to "Encourage greater cooperation with INTERPOL and increased utilization of its resources and databases, such as red notices and watch lists" (Interpol created in 2002 the Interpol Terrorism Watch List).
UN Security Council Counter-Terrorism Committee [CTC]:
Source: http://www.un.org/sc/ctc/
Guided by Security Council resolutions 1373 (2001) and 1624 (2005), the CTC has been working to bolster the ability of United Nations Member States to prevent terrorist acts both within their borders and across regions.
The CTC is assisted in its efforts by the Counter-Terrorism Committee Executive Directorate (CTED), which carries out the policy decisions of the Committee, conducts expert assessments of each Member State and facilitates counter-terrorism technical assistance to countries.
Study Notes Download online:
Text of briefing on behalf of three Security Council counter-terrorism bodies (May 2009)
Transcript of 26 May 2009 Security Council meeting
CTC procedures for PIA stocktaking exercise (24 March 2009 )
Briefing on meeting of heads of special services, security agencies and law enforcement organizations (05 March 2009)
Report of the participants of the 5th Special Meeting on the plan of action (February 2009)
Analysis of the report on the 5th Special Meeting plan of action (February 2009)
Current CTC and CTED Programmes of Work (January - July 2009)
Algerian officials brief Subcommittee A (18 February 2009)
Informal briefing by CTED Executive Director to Member States (06 November 2008)
Decisions related to the framework document for CTC visits to Member States
The Counter-Terrorism Committee (CTC) and its Executive Directorate (CTED) are actively engaged in developing closer ties with international, regional and subregional organizations , which play an important role in assisting States with the implementation of resolution 1373 (2001).
The Security Council decides that States shall prevent and punish the financing, planning, preparation or perpetration of terrorist acts. The resolution covers, inter alia, suppression of the recruitment of terrorists; provision of early warning and information sharing; prevention of the movement of terrorists and of trafficking in arms, explosives and hazardous materials; border controls; becoming a party to the international counter-terrorism instruments; bringing terrorists to justice; and Member States’ obligations under international law, in particular international human rights and humanitarian law when addressing refugee issues.
The Vienna-based United Nations Office on Drugs and Crime (UNODC), for example, provides countries with assistance on counter-terrorism legislation; the United Nations Development Programme (UNDP) addresses developmental and governance issues in a broad context of counter-terrorism work; the International Atomic Energy Agency (IAEA) focuses on nuclear terrorism and the World Health Organization (WHO) on bio-terrorism.
UN global counter-terrorism strategy: A year later on 8 September 2006, the General Assembly adopted resolution A/RES/60/288 to create a Global Counter-Terrorism Strategy, marking the first time that all Member States have agreed to a common strategic and operational approach to fighting terrorism.
Problem Under the 2008 Human Rights Activities Against Arab's is Hindered!!!
The Strategy also gathers all the various counter-terrorism activities of the United Nations system into a common strategic framework and builds on the consistent, unequivocal condemnation of terrorism by Member States. It seeks to strengthen the individual and collective capacity of countries and the United Nations to prevent and combat terrorism all while ensuring the protection of human rights and upholding the rule of law.
Most recently, as recommended by the CTED Executive Director and endorsed by Security Council resolution 1805 (2008), a working group on issues raised by resolution 1624 (2005) and human rights aspects of counter-terrorism in the context of resolution 1373 (2001) was established in CTED. The working group’s main objectives are to enhance expertise and develop common approaches by CTED staff on these issues, as well as to consider ways in which the Committee might more effectively encourage Member States to comply with their international obligations in this area.
Source: http://www.un.org/sc/ctc/
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