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Legal Advisory Services against Nuclear Terrorism Global Initiative Technical Workshop on Anti-Nuclear Smuggling Assist

Legal Advisory Services against Nuclear Terrorism Global Initiative Technical Workshop on Anti-Nuclear Smuggling Assistance London, 5 September 2007. The universal legal regime against terrorism. Security Council resolutions 1373 and 1624. Security Council resolutions on Al-Qaida

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Legal Advisory Services against Nuclear Terrorism Global Initiative Technical Workshop on Anti-Nuclear Smuggling Assist

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  1. Legal Advisory Services against Nuclear Terrorism Global Initiative Technical Workshop on Anti-Nuclear Smuggling AssistanceLondon,5 September 2007

  2. The universal legal regime against terrorism Security Council resolutions 1373 and 1624 Security Council resolutions on Al-Qaida and the Taliban (1267 - 1735) 13 + 3 universal instruments against terrorism Security Council resolutions 1540 and 1673 (weapons of mass destruction) UNODC’S TECHNICAL ASSISTANCE

  3. The 13 International Conventionsagainst Terrorism United Nations Conventions Instruments related to civil aviation Maritime agreements IAEA Convention Convention on the security of United Nations personnel and associated personnel

  4. United Nations Conventions

  5. Instruments related to civil aviation

  6. Maritime agreements

  7. Convention on the Physical Protection of Nuclear Material

  8. International Convention for the Suppression of Acts of Nuclear Terrorism Entry into force 7 July 2007 Entry into force after the deposit of 22 instruments of ratification (Art. 25) Already ratified by 25 States: Austria, Bangladesh, Belarus, Comoros, Croatia, Czech Republic, Denmark, El Salvador, Hungary, India, Japan, Kenya, Latvia, Lebanon, Lithuania, Mexico, Mongolia, Panama, Romania, Russian Federation, Serbia, Slovakia, Spain, South Africa, The Former Yugoslav Republic of Macedonia

  9. Common points to the Conventions • Establish offences • Require States to criminalize offences • Establish the principle aut dedere aut judicare = “either extradite or prosecute” • Provide for international cooperation mechanisms

  10. Is the incrimination of terrorism necessary? The 13 + 3 Conventions • Do not require the incrimination of the offence of “terrorism” • Require the incrimination of certain offences independently of terrorist motivation The terrorist motivation may be considered as an aggravating circumstance

  11. Nuclear Terrorism Convention Related by origin – by structure – by approach • International Convention for the Suppression of Terrorist Bombings,1997 • International Convention for the Suppression of the Financing of Terrorism, 1999 • Other universal legal instruments against terrorism Related by substance :i.e. to nuclear material • Convention on the Physical Protection of Nuclear material, (CPPNM), 1980 • Amendment to the CPPNM,adopted 2005 • Safety of Maritime Navigation Convention and Fixed Platforms Protocol, 2005 Amendments. Drafting domestic legislation • Requires an approach integretating all these factors

  12. Nuclear terrorism Conventions: Physical Protection Convention (CPPNM) (in force) Terrorism Bombing Convention (in force) 2005 Protocol to the Maritime Safety Convention 2005 Protocol to the Fixed Platforms Protocol 2005 Nuclear Terrorism Convention (in force 7 July 2007) UN Security Council resolutions: (1373)(1456)(1624)(1735) 1540 (2004) UN General Assembly resolutions inviting states to sign and ratify the Nuclear Terrorism Convention: 59/290, 60/73, 60/78, 60/43, 61/40 (mandate of the Terrorism Prevention Branchof UNODC)

  13. Nuclear Terrorism ConventionOffences – Article 2 Article 2 1. • (a) unlawful and intentional possession of radioactive material , making or possession of a device, with the intent to cause death or serious bodily injury or substantial damage to the environment • (b) use of radioactive material in a manner which releases or risks release of radioactive material [with intents under(a) + the intent to compel a person, int. org. or State to do or refrain from doing an act]

  14. Nuclear Terrorism ConventionOffences – Article 2 (continued) Article 2.2. • (a) threatens.. (credibly) to commit an offence as per 1 (b), • (b) demands unlawfully and intentionally radioactive material…by threat (credibly) 2. 3.Attempt to commit an offence as per paragraph.1. 2.4.(a) participates as an accomplice..(b) organizes or directs other to commit an offence.(c) contributes to the commission of one or more offences as per paragraph 1,2, 3 of this Article by a group of persons acting with a common purpose…with the aim of furthering the general criminal activity.. or, be made in the knowledge of the intention…

  15. Nuclear Terrorism ConventionObligations of States Parties Article 5 : Penalization • (a) establish as criminal offences under its national law the offences set forth under article 2 • (b) make those offences punishable by appropriate penalties which take into account the grave nature of these offences. Article 6:Take measures to ensure that criminal acts are not justifiable by political,ideological …etc considerations “in particular where they are intended to provoke a state of terror in the general public , a group of persons or particular persons.. “

  16. Nuclear Terrorism ConventionEstablishment of Jurisdiciton Article 9 : 1(a) the offence is committed in the territory of that State,or(b) on board vessel, aircraft flying the flag of that state (c) the offence is committed by a national of that State 2.(a) offence is committed against a national,(b) against a government facility abroad, (c) by a stateless person.. ,(d) in an attempt to compel that State to do or abstain .. (e) on board an aircraft operated by the Government of that State.. 3. Notification to the UN Secretary General of jurisdiction 4.Jurisdiction based on the mere presence of the alleged offender

  17. Nuclear Terrorism ConventionInternational Judicial Cooperation Article11: General principle: prosecute or extradite Article 10 : • Investigate facts – assure presence of alleged offender (respect rights of the alleged offender) • Notify custody directly or through the UN Secretary-General Article 12: Fair treatment of alleged offender Article 13 : Extradition treaty..or other modalities Article 14 : Greatest measure of mutual assistance- Article 15 : Offences are not political in character Article 16 : Exemptions from obligation to extradite and to provide mutual assistance (persecution) Article 17 : Conditions for transfer of alleged offender to other State Party

  18. Nuclear Terrorism ConventionOther Forms of International Cooperation Article 7 (1)(a)To prevent and counter preparations of offences (b) exchange information,coordinate administrative measures..Inform other States in case of offences committed .. (2) protect confidentiality of information received (4) Notification to the Un Secretary General of competent authorities Article 18 Provisions in case of seizure of radioactive material Article 20 Obligation to consult among Parties or through the UN Secretary General to ensure effective implementation of the Convention

  19. Nuclear Terrorism ConventionRole of the International Atomic Energy Agency Specific references to the IAEA Article 8 Obligation of States Parties to ensure protection of radioactive material “taking into account recommendations and functions of the IAEA “ Article 18 1. (b) material to be held in accordance with applicable IAER safeguards and (c)physical protection, health and safety standards published by the IAEA ; Article 18. 5 [in case radioactive material is seized] “Parties may request assistance” inter alia from the IAEA. Article18. 6. Inform the DG of the IAEA of the manner in which nuclear material is disposed or retained. The DG of the IAEA shall transmit the info to the other States Parties.

  20. Nuclear Terrorism ConventionSpecific Role of the UN Secretary General Article 9 (3) : • Notify jurisdictional grounds to the UN Secretary-General Article 10 (6) : • Notify custody of alleged offender directly or through the UN Secretary-General Article 19 : • Communication of final outcome of proceedings to the UN Secretary-General Article 20 • Obligation to consult among Parties or through the UN Secretary General to ensure effective implementation of the Convention

  21. International Convention for the Suppression of Acts of Nuclear Terrorism Notifications of designation of administrative or judicial authority in accordance with article 7 paragraph 4 of the Convention • Austria "Bundesamt für Verfassungsschutz und Terrorismusbekämpfung (BTV)(Federal Agency for State Protection and Counter Terrorism)c/o Federal Ministry of the InteriorHerrengasse 7A-1014 Vienna, Austria"  • Belarus State Security Agency of the Republic of Belarus17, Nezavisimosti av.,220050 Minsk,Republic of Belarus,tel: (+375 17) 219 92 21,fax: (+375 17) 226 00 38 Prosecutor's Office of the Republic of Belarus22, Internacionalnaya str., 220050. Minsk, Republic of Belarus tel: (+375 17) 227 31, fax: (+375 17) 226 42 52 Ministry of the Interior of the Republic of Belarus4, Gorodskoy val str., 220050, Minsk Republic of Belarus, tel: (+375 17) 218 78 95 Fax: (+375 17) 229 78 40Ministry for Emergency Situations of the Republic of Belarus5, Revolucionnaya str., 220050, Minsk, Republic of Belarus, tel: (+375 17) 203 88 00 Fax: (+375 17) 203 77 81 State Border Guard Committee of the Republic of Belarus24, Volodarski str.,220050, Minsk, Republic of Belarus, tel: (+375 17) 206 54 06 fax: (+375 17) 227 70 03State Customs Committee of the Republic of Belarus 45/1 Mogilevskaya str., 220007, Minsk,Republic of Belarus tel: 218-90-00 fax: 218-91-97   • Czech Republic POLICE OF THE CZECH REPUBLICOrganized Crime Detection UnitArms Traffic DivisionP.O. Box 41 - V215680 Praha 5 - ZbraslavCzech RepublicTel.: +420974842420Fax: +420974842596e-mail: v2uuoz@mvcr.cz(24-hour phone service: - Operations Center: +420974842690, +420974842694- Cpt. Pavel Osvald: +420603191064- Lt.Col. Jan Svoboda: +420603190355)   • Latvia Security PoliceKr. Barona Str. 99a,Rïga, LV-1012LatviaPhone: +371 7208964Fax: +371 7273373E-mail: dp@dp.gov.lv  25 July 2006    

  22. Countering the Financing of Nuclear terrorism Through OP 1 of Security Council res. 1373 (2001) OP 1 and 3(d) of Security Council res. 1540 (2004) OP 1(a) of Security Council res. 1735 (2005) International Convention for the Suppression of the Financing of Terrorism (1999) International Convention for the Suppression of Acts of Nuclear Terrorism (2005) , Article 7(1)(a)

  23. OUTLOOK The Convention is an instrument of international criminal law It is one of the universal anti-terrorism instruments. However • The Convention also borders and crosses both national and international nuclear law • Several provisions are similar to the Amended Convention on the Physical Protection of Nuclear Material (CPPNM) • The Convention might enter into force soon : Special attention is called to careful incorporation of its provisions into national law

  24. Working in complementarity with Partnersa few examples • African Union Karthoum, 13-20 January 2004 • Commonwealth Secretariat Kingston, 13-17 March 2006 • Commonwealth of Independent States Moscow, 28-30 November 2005 • ECOWAS Abuja, 24-26 July 2006 • Francophonie Sharm El-Sheik, 7-9 February 2006 • League of Arab States Cairo, 16-17 February 2005 • OAS Cartagena, 8-12 May 2006 • OSCE Vienna, 22-23 March 2007 • .

  25. TPB Technical Assistance Activities • Estonia • Latvia • Lithuania Poland • Russian Federation Belarus Ukraine • Slovenia Hungary Slovakia Serbia&M. • Kazakhstan Bosnia • Mongolia Portugal Albania Georgia Czech Rep. Azerbaijan Croatia . Bulg aria Romania Rep.Mac. • Uzbekistan Kyrgyzstan • Morocco • Armenia • CHINA • Turkey Turkmenistan Tajikistan • Libya • Mexico • Tunisia • Qatar • Mauritania • Kuwait Afghanistan LaoPDR • Cape Verde • Jordan • Bahamas Vietnam Haiti • Guatemala Egypt • Bahrain • Honduras • Burkina Faso U. A. Emirates Pakistan MALI • Sierra Leone • Djibouti Dominican Rep. • Chad Oman NIGER SUDAN • Panama • Senegal • Thailand • Thailand • El Salvador • Venezuela Togo Nigeria • Cameroon • Eritrea Yemen • Gambia • Nicaragua Suriname CentralAfricanRep. Myanmar Cambodia Jamaica • Guinea Bissau Guinea • Uganda • Costa Rica • Ghana Eq. Guinea • Somalia • Philippines • Colombia • Cote d’Ivoire Benin • Gabon Ethiopia Ecuador • Kenya Congo D.R.CONGO SaoTome &Principe Comoros Rwanda Burundi • Indonesia Angola BRAZIL Tanzania Zimbabwe TimorLeste Mauritius Malawi Peru Zambia Bolivia Botswana Madagascar Mozambique Paraguay Swaziland Argentina Bilateral technical assistance activities Regional activities / Study tours

  26. Nuclear Terrorism WorkshopTashkent, Uzbekistan, 12-13 April 2007 Jointly organized with the OSCE and in cooperation with • The Russian Federal Atomic Energy Agency (Rosatom) • The International Atomic Energy Agency (IAEA) • The Shanghai Cooperation Organization, Regional Anti-Terrorist Structure • The International School of Nuclear Law

  27. Nuclear Terrorism WorkshopMinsk, Belarus, 13-14 November 2007 Jointly organized with the CIS and CSTO • We need to identify the nuclear lawyers of the various governments. • We have already identified criminal lawyers

  28. United Nations Office of Drugs and Crime Walter Gehr P.O. Box 500 A - 1400 Vienna Austria Tel: + 43 1 26060 4512 Fax: + 43 1 26060 74512 Web: http://www.unodc.org E-mail: walter.gehr@unodc.org

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