ACCESSION TO COUNTER-TERRORISM CONVENTIONS

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ACCESSION TO COUNTER-TERRORISM CONVENTIONS

• PORTFOLIO COMMITTEE FOR SAFETY AND SECURITY
• 2003-06-11

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INTERNATIONAL CONVENTIONS ON A. PREVENTION
AND PUNISHMENT OF CRIMES AGAINST INTERNATIONALLY
PROTECTED PERSONS, INCLUDING DIPLOMATIC
AGENTSAND B. THE TAKING OF HOSTAGES
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BACKGROUND

• The Committee has been briefed over the past few
  months on a number of Counter-Terrorism
  Conventions, approved for ratification, namely
  the Terrorist Bombing Convention, the Terrorist
  Financing Convention and the African Union
  Convention on the Prevention and Combating of
  Terrorism
• Committee also briefed regarding all 12
  International Conventions on Terrorism in
  briefings on Counter-Terrorism Legislation
• Legal opinions and implications dealt with .
• Briefing will focus on the contents of the two
  Conventions.

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INTERNATIONAL OBLIGATIONS

• Obligation to become Party to Conventions as
  soon as possible, stems from RSAs commitments
  made to combat terrorism, in the United Nations,
  Non-Aligned Movement, and African Union.
• Obligations in terms of Resolution 1373/2001, of
  the UN Security Council.
• Obligations in terms of the OAU(Algiers
  Convention).

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RESOLUTION 1373/2001 (Par 3(d) Adopted by the
United Nations Security Council at its 4385th
meeting, on 28 September 2001

• The Security Council,
• Decides also that all States shall
• Become parties as soon as possible to the
  relevant international conventions and protocols
  relating to terrorism, including the
  International Convention for the Suppression of
  the Financing of Terrorism of 9 December 1999 .

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OAU/AU ALGIERS CONVENTION ON TERRORISM

• Article 2
• States Parties undertake to
• (b) consider, as a matter of priority, the
  signing or ratification of, or accession to, the
  international instruments listed in the
  Annexure,which they have not yet signed, ratified
  or acceded to
• (THIS ANNEXURE INCLUDES THE TWO CONVENTIONS UNDER
  CONSIDERATION)

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CONVENTION ON PREVENTION AND PUNISHMENT OF CRIMES
AGAINST INTERNATIONALLY PROTECTED PERSONS,
INCLUDING DIPLOMATIC AGENTS

• Aimed at protection of internationally protected
  persons
• Head of State or Government
• A Minister of Foreign Affairs, when in a Foreign
  State
• Representatives or Officials of a State or agent
  of International Organisations entitled pursuant
  to International Law to special Protection
  (Vienna Convention)

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OBLIGATION TO CREATE OFFENCES

• Article 2 requires States to make the following
  as crimes under its law
• Murder, kidnapping or other attack upon person or
  liberty of internationally protected person
• Violent attack upon premises, private
  accommodation or transport of Internationally
  Protected Person
• Threat, attempt or participation in any of the
  above
• Appropriate penalties, to be enacted.

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FURTHER OBLIGATIONS

• Extradite or prosecute.
• Practical steps to prevent offences.
• Inclusion of offences in future extradition
  treaties.
• Exchange of information on offences.
• Offenders to be treated fair.
• Notification to UN of prosecutions.

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COUNTER-TERRORISM BILL

• 2. (1) Any person who
• (a) commits or threatens to commit a terrorist
  act
• (b) conspires with any person to commit or bring
  about a terrorist act or
• (c) incites, commands, aids, advises, encourages
  or procures any other person to commit or bring
  about a terrorist act,
• is guilty of an offence and liable on conviction
  to
• imprisonment which may include imprisonment for
• life.

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COUNTER-TERRORISM BILL

• terrorist act means an unlawful act,
  committed in or outside the Republic which is
• (a) a convention offence or
• (b) likely to intimidate the public or a segment
  of the public
• The following is included as a Convention
  Offence
• Murdering, kidnapping or attacking an
  internationally
• protected person or endangering his or her person
  or liberty as
• contemplated in Article 1 of the Convention on
  the Prevention
• and Punishment of Crimes Against Internationally
  Protected
• Persons including Diplomatic Agents, adopted by
  the General
• Assembly of the United Nations on 17 December
  1973.

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COUNTER-TERRORISM BILL

• The Bill further provides
• 3. Whenever a person is convicted of an offence
  involving an act committed against the person or
  property of an internationally protected person,
  the court must treat the fact that the victim is
  an internationally protected person as an
  aggravating factor in passing sentence.

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WORKING DOCUMENT

• A person who murders or kidnaps an
  internationally protected person commits a
  terrorist act.
• A terrorist act is a crime in terms of the
  Working Document, as well as any attempt,
  conspiracy, participation, etc. Punishment the
  same as for other terrorist acts, namely life
  imprisonment. 

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HOSTAGES CONVENTION

• Crime in terms of Convention, to seize, detain,
  threaten to kill, or detain another person, in
  order to compel a third party, namely a State,
  international inter-governmental organization, ,
  a natural or juridical person or group of
  persons, to do or abstain from doing any act as
  an implicit condition for the release of the
  hostage.
• Attempt or participation also included.
• State Parties must make above offences punishable
  with appropriate penalties.

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OBLIGATIONS

• Take appropriate steps to ease situation of
  hostages, to secure release to facilitate
  departure.
• Take appropriate steps to prevent preparations
  for offences, and prohibit in its territory
  illegal activities of persons, groups or
  organizations that encourage, instigate, organize
  or engage in the perpetration of acts of taking
  hostages.
• Exchange information and co-ordinate measures to
  prevent commission of offences.

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Jurisdiction

• State Party shall establish jurisdiction over
• offences of hostage taking
• In its territory, on board ships and aircraft
  registered in State
• By any of its nationals, or stateless persons who
  have their habitual stay in its territory
• In order to compel that State to do or abstain
  from doing any act
• With respect to a hostage which is a national of
  that state.

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OBLIGATIONS

• Prosecute or extradite.
• Notification to United Nations of presence of
  person and outcome of prosecution.
• Afford mutual legal assistance to one another.

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EXCEPTIONS

• Does not apply where offence is committed in
  single State, the hostage and offender are
  nationals of that sate and the alleged offender
  is found in the territory of that state.

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LEGAL OPINIONS

• State Law Advisers International Law (Department
  of Foreign Affairs)
• And
• State Law Advisers Department of Justice
• Recommend accession to the two
• Conventions.

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RECOMMENDATION

• That the two Conventions be acceded to, as soon
  as possible.
• Note Critics of the Counter-Terrorism
  Legislation should take note of the obligations
  in the Conventions.

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Thank you

• Presentation by
• Asst Comm PC Jacobs
• Head Legal Support
• Crime Operations,
• SA Police Service
• Tel [phone]