INTERNATIONAL

LAW ON
TERRORISM
REPORT IN PUBLIC INTERNATIONAL LAW

BY: MARY ANNE C. BARTOLOME

JD-2
 DEFINE TERRORISM
 All criminal acts directed against a State and intended to create a state terror in the
minds of a particular persons or general public. (1937 draft International
Convention for the Prevention and Punishment)
 “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 an international organization to do or to
abstain from doing any act.” (International Convention for the Suppression of the
Financing of Terrorism, adopted by the U.N. General Assembly as Resolution No.
54/109 on February 25,2000)
 STATE TERRORISM
 refers to terrorist acts by one state against another or its nationals and done either
by the state or commissioned or adopted by it.
 includes widespread acts of cruelty committed by a state against its own people
(Id. at 284).

STATE-SPONSORED TERRORISM
 consists of a state sheltering, training, financing or supplying arms to enable
terrorist often foreign, to attack another state or its nationals (Id.).
INTERNATIONAL CONVENTIONS OR LAWS
AGAINST TERRORISM
 1963 TOKYO CONVENTION ON THE SAFETY OF AVIATION
 1970 HAGUE CONVENTION FOR THE SUPPRESSION OF HIJACKINGS
 1971 MONTREAL CONVENTION ON AIR SAFETY
 1973 CONVENTION ON THE PREVENTION AND PUNISHMENT OF CRIMES
AGAINST INTERNATIONALLY PROTECTED PERSONS
 1979 HOSTAGES CONVENTION
 CONVENTION FOR THE SUPPRESSION OF UNLAWFUL ACTS AGAINST
THE SAFETY OF MARITIME NAVIGATION
 INTERNATIONAL CONVENTION FOR THE SUPPRESSION OF TERRORIST
BOMBINGS
 INTERNATIONAL CONVENTION FOR THE SUPPRESSION OF THE
FINANCING OF TERRORISM
1963 TOKYO CONVENTION ON THE
SAFETY OF AVIATION
 (Convention on Offences and Certain Other Acts Committed On Board Aircraft)
 signed at Tokyo on September 14,1963
 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 an act, when necessary to protect the safety of the aircraft;
 Requires contracting states to take custody of offenders and to return control of the
aircraft to the lawful commander.
1970 HAGUE CONVENTION FOR THE
SUPPRESSION OF HIJACKINGS
 Signed at The Hague on December 16,1970
 It makes it an offense 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 control of that aircraft” or to attempt to do
so.
 It requires parties to the convention to make hijackings punishable
by severe penalties.
 It requires parties that have custody of offenders to either extradite
the offender or submit the case for prosecution.
1971 MONTREAL CONVENTION ON
AIR SAFETY
 (Convention for the Suppression of Unlawful Acts Against Safety of
Civil Aviation) U.N.T.S. No. 14118, entered into force on January
26, 1973
 Applies to acts of sabotage by making it an offense for any person
unlawfully and unintentionally 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 that aircraft; to place an explosive device on
an aircraft; and to attempt such acts or be an accomplice of a person
who performs or attempts to perform such acts;
1973 CONVENTION ON THE PREVENTION
AND PUNISHMENT OF CRIMES AGAINST
INTERNATIONALLY PROTECTED
PERSONS
 Opened for signature at New York on December 14, 1973
 Requires each party to criminalize and make punishable “by
appropriate penalties which take into account their grave nature,”
the international murder, kidnapping, or other attack upon person or
liberty of an 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; and an act “constituting participation as an accomplice.”
 1979 HOSTAGES CONVENTION
 International Convention Against the Taking of Hostages, signed at
New York on December 18, 1979
 It provides that “any person who seizes or detains and threatens to
kill, to injure or to continue to detain another person in order to
compel a third party, namely, a State, an international
intergovernmental organization, a natural or juridical person, or
group of persons, to do or abstain from doing any act as an explicit
or implicit condition for the release of the hostage commits of the
offense of taking of hostage within the meaning of this
Convention.”
CONVENTION FOR THE SUPPRESSION
OF UNLAWFUL ACTS AGAINST THE
SAFETY OF MARITIME NAVIGATION
 Signed at Rome on March 10, 1988
 It applies to terrorist activities on ships by making it an offense for a
person unlawfully and internationally to seize or exercise control over a
ship by force, threat or intimidation; to perform an act of violence
against a person on board a ship if that act is likely to endanger the safe
navigation of the ship, to place a destructive device or substance aboard
a ship; and other acts against the safety ships.
INTERNATIONAL CONVENTION FOR THE
SUPPRESSION OF TERRORIST BOMBINGS

 Adopted in New York on January 12, 1998

 It creates a regime of universal jurisdiction over the unlawful and
intentional use of explosives and other lethal devices in, into, or
against various defined public places with intent to kill or cause
serious bodily injury, or with intent to cause extensive destruction of
the public place.
 INTERNATIONAL CONVENTION FOR
THE SUPPRESSION OF THE FINANCING
OF TERRORISM
 Adopted by the U.N. General Assembly as Resolution No. 54/109 on
February 25, 2000
 It requires parties to take steps to prevent and counteract the financing
of terrorist, whether direct or indirect, through groups claiming to
have charitable, social or cultural goals or which also engage in illicit
activities as drug trafficking or gun running
 OBLIGATION TO FIGHT
TERRORISM
Every State has the duty to refrain from organizing,
instigating, assisting or participating in acts of civil strife or
terrorist acts in another State or acquiescing in organized activities
within its territory directed towards the commission of such acts,
when the acts referred to involve a threat or use of force (1970
United Nations General Assembly’s Friendly Relations Declaration).

No State shall organize assist, foment, finance, incite or tolerate

subversive terrorist or armed activities towards the violent
overthrow of the regime of another State, or interfere in civil strife
of another State. (Id.).
 Aut Dedere Aut Judicare

This principle requires a State to extradite or prosecute can be

found in nearly universal or regional convention and treaty
relating to the fight against international terrorism (EPIL, supra at
56).
 WORST TERRORIST ATTACKS
THE 9/11 ATTACKS
Series of coordinated terrorist attacks by the Islamic terrorist group al-
Qaeda against the United States on the morning of Tuesday, September 11,
2001.

UNITED AIRLINES
AMERICAN AIRLINES FLIGHT 77 FLIGHT 93 CRASH
CRASHED INTO THE PENTAGON TWIN TOWERS OF THE
WORLD TRADE CENTER
 RESOLUTIONS PASSED BY THE
SECURITY COUNCIL AFTER 9/11
ATTACKS
SECURITY COUNCIL RESOLUTION NO.1368
(September 12, 2001)

- Calls on all States to work together urgently to bring to justice the

perpetrators, organizers and sponsors of these terrorist attacks and
stresses that those responsible for aiding, supporting or harboring the
perpetrators, organizers, and sponsors of these acts will be held
accountable
RESOLUTIONS PASSED BY THE SECURITY
COUNCIL AFTER 9/11 ATTACKS
UN SECURITY COUNCIL RESOLUTION NO. 1373
(September 28, 2001)

Expanding Resolution 1368

- Reaffirms the principle that every State has the duty to refrain from
organizing, instigating, assisting or participating in terrorist acts in
another State or participating in terrorist acts in another State or
acquiescing in organized activities within its territory directed towards
the commission of such acts;
 UN SECURITY COUNCIL RESOLUTION NO. 1373 (September 28,
2001)

 Decides that all States shall:

1. Prevent and suppress the financing of terrorist acts;
2. Criminalize the financing of terrorist acts;
3. Freeze all the funds, assets or resources of persons who commit or attempt to commit,
terrorist acts or participate in or facilitate the commission of terrorist acts.
 Decides also that all States shall:
1. Refrain from providing any form of support, active or passive, to entities or persons
involved in terrorist acts, including by suppressing recruitment of members of terrorist groups
and eliminating the supply of weapons to terrorist;
2. Take the necessary steps to prevent the commission of terrorist acts;
3. Deny safe haven to those who finance, plan, support, or commit terrorist acts;
 UN SECURITY COUNCIL RESOLUTION NO. 1373 (September 28,
2001)

 Decides that all States shall:

4. Prevent those who finance, plan, facilitate or commit terrorist acts from using their
respective territories for those purposes against other States or their citizens;
5. Ensure that any person who participates in the financing, planning, preparation or
perpetration of terrorist acts in supporting terrorist acts is brought to justice;
6. Prevent the movement of terrorists or terrorist groups by effective border controls and
controls on issuance of identity papers and travel documents.
 Declares that acts, methods, and practices of terrorism are contrary to the purposes and
principles of the United Nations and that knowingly financing, planning, inciting terrorist
acts are also contrary to the purposes and principles of the United Nations.