UN Tries to Bring "Terrorists" to Justice

Mike Smith, the Executive Director of the Counter-Terrorism Committee briefed reporters today on a three day summit (Dec 1-3) being held at UN headquarters focused on preventing terrorists from financial resources and finding safe havens for hiding out. With partner agencies, including Interpol, the International Civil Aviation and Customs agencies, the Committee works to locate terrorist organizations and bring professionals from countries together to brainstorm on daily problems in managing borders and to gain insight on what needs to be done.

The Counter-Terrorism Committee was set up to support the UN Security Council to implement Resolution 1373, implemented after September 11, 2001. Unanimously adopted by the Security Council two weeks after the September 11th attacks, the Security Council immediately called on all member-states to prevent and suppress:

{ “financing of terrorism, as well as criminalize the willful provision or collection of funds for such acts…and for states to afford one another the greatest measure of assistance for criminal investigations or criminal proceedings relating to the financing or support of terrorist acts.” }

The United Nations Comprehensive Convention on International Terrorism defines terrorism as {“any person who commits an offence within the meaning of this Convention if that person, by any means, unlawfully and intentionally, causes:

(a) Death or serious bodily injury to any person; or

(b) Serious damage to public or private property, including a place of public use, a State or government facility, a public transportation system, an infrastructure facility or the environment; or

(c) Damage to property, places, facilities, or systems resulting or likely to result in major economic loss, when the purpose of the conduct, by its nature or context, is to intimidate a population, or to compel a Government or an international organization to do or abstain from doing any act.}

“When we visit countries, we look at their legislation and look at their definition of terrorism. There is no real international definition of terrorism, as it is continuously being debated, but Conventions do narrow the definition and identify acts of terrorism,” Smith added.

The Counter-Terrorism Committee will this week raise particular challenges, and will bring together over twenty prosecutors to discuss prevention, international cooperation, issues and challenges. The objective is to get prosecutors communicating with each other and pull together lessens of best practice. 

Smith added it is possible to bring successful terrorist cases to justice. But the challenges that do remain are questions of evidence, including evidence gathered through intelligence that does not reveal sensitive sources, and in cases where the terrorism has yet to happen—when police are able to intercept the conspiracy before the incident occurs.