• International law

International law

This paper examines the global legal framework against terrorism. It presents the lessons learned from policy dialogues held on counter-terrorism between the International Development Law Organisation (IDLO) and the United Nations Office on Drugs and Crime (UNODC).

The paper notes that there are thirteen legal instruments in the applicable legal counter-terrorism framework that have been adopted by the UN, with a fourteenth under negotiation.The paper argues that for terrorism to be counteracted, many states need help in incorporating the UN resolutions and conventions into local laws and implementing the framework. 

The paper explores the global legal framework against terrorism, which rests on four pillars:

• security council resolution 1373 (2001) – a worldwide counter-terrorism code addressing relevant issues in a relevant and legally binding manner
• security council resolution 1735 (2006) – deals with Al-Qaeda and Taliban
• security council resolution 1540 (2004) – deals with weapons of mass destruction
• thirteen international conventions and protocols against terrorism

The paper says that failure to agree on a universal definition of terrorism has led the UN to address terrorism through the negotiation of separate conventions aimed at suppressing acts and activities considered terrorist in nature, hence the thirteen conventions plus related security council resolutions.

UNODC assists foreign governments with the ratification and implementation of the existing thirteen legal counter terrorism treaties. In this context, UNODC technical assistance applies a 5-step methodology to determine and address areas of incompatibility between international conventions and local national legislation, including:

• examination of national legislation
• advice on drafting and amending laws
• agreement on an action plan
• assistance in drafting reports to the counter-terrorism committee
• organising training workshops concerning new legislation

The paper highlights lessons learned from UNODC/IDLO training activities, covering:

• general concerns regarding the international legal framework on counter-terrorism
• deficiencies identified under national legal frameworks on counter-terrorism.

Lessons learned from training workshops are intended to facilitate target countries to integrate the legal framework domestically and identify areas for future assistance. The paper concludes that effective enforcement of counter-terrorism legislation requires global cooperation among all state governmental and judicial authorities.

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