UN Adopts Nuclear Terrorism Treaty

International Convention on the Suppression of Acts of Nuclear Terrorism

On April 13 and after more than seven years of negotiations, the UN General Assembly adopted by consensus the 28-article International Convention on the Suppression of Acts of Nuclear Terrorism. The Convention obliges nations to extradite or prosecute potential terrorists, to criminalize within domestic laws the acts of nuclear terrorism defined in the Convention, and to cooperate to suppress potential terrorism acts. If ratified by at least 22 countries, the Convention will become international law as the 13^th UN treaty on terrorism and the 23^rd international legal convention on terrorism adopted at either the global or regional level. It will also become the first international legal instrument to address the prevention of terrorism rather than the response to it.

The treaty opens for signatures by the 191 nations of the UN on September 14, 2005, a date chosen to coincide with the Millennium+5 Summit marking the 60^th session of the General Assembly high-level plenary to be held at the UN headquarters in New York.

Background
Russia introduced the treaty in 1998 in response to the looming risks of nuclear materials falling into the hands of terrorist organizations as a result of the collapse of the Soviet Union. Seeking to strengthen international law in regards to manifestations of nuclear terrorism, Russia defended the need to expand the terms “terrorism” and “terrorist” to threats and actions made by individuals and organizations, not just by states.
At the time, nine other UN treaties addressed terrorism, including the Convention on the Physical Protection of Nuclear Material (1987), but none clearly defined “terrorism.” The lack of consensus by UN member states on what constituted a legitimate use of force, such as acts of resistance against foreign occupation, versus terrorism, spurred four nations to introduce controversial amendments to the treaty. Cuba and Pakistan introduced amendments related to the use of nuclear weapons by governments and armed forces. The United States and Cuba introduced opposing amendments on the peaceful uses of nuclear materials. Collectively, these controversial amendments halted progress on the proposed treaty for years. To break the stalemate, the General Assembly’s Ad Hoc Committee on International Terrorism agreed to place no new restrictions on the use of nuclear weapons by states and to narrow the scope of the definition to “nuclear terrorism”.

Article 2 â€“ Definition of “Nuclear Terrorism”

UN Secretary-General Kofi Annan, in a speech delivered three weeks after the September 11 terrorist attacks, stated that one of the most difficult issues faced by the UN was the definition of terrorism and its codification within anti-terrorism treaties. While he acknowledged a need for legal precision in defining the term, he also declared a need for “moral clarity” and an increased ability to respond preemptively to possible terrorist acts, particularly potential nuclear terrorism acts.

As defined in the Convention, the definition of “nuclear terrorist” applies to anyone who intentionally participates directly or indirectly in a potential or actual act of terrorism using nuclear or radioactive materials or device. Organizers, accomplices, and sponsors would be included within the definition. The activities of armed forces during an armed conflict are not governed by the Convention and remain governed by the existing rules of international humanitarian law.

Article 2
1. Any person commits an offence within the meaning of this Convention if
    that person unlawfully and intentionally:
(a) Possesses radioactive material or makes or possesses a device:
(i) With the intent to cause death or serious bodily injury; or
(ii) With the intent to cause substantial damage to property or the
       environment;
(b) Uses in any way radioactive material or a device, or uses or
      damages a nuclear facility in a manner which releases or risks 
       the release of radioactive material:
(i)   With the intent to cause death or serious bodily injury; or
(ii)  With the intent to cause substantial damage to property or   
        the environment; or
(iii) With the intent to compel a natural or legal person, an
       international organization or a State to do or refrain from 
       doing an act.

2. Any person also commits an offence if that person:
(a) Threatens, under circumstances which indicate the credibility of the
      threat, to commit an offence as set forth in subparagraph 1 (b) of 
      the present article; or
(b) Demands unlawfully and intentionally radioactive material, a
      device or a nuclear facility by threat, under circumstances 
      which indicate the credibility of the threat, or by use of force.

3. Any person also commits an offence if that person attempts to commit an
    offence as set forth in paragraph 1 of the present article.

4. Any person also commits an offence if that person:
(a) Participates as an accomplice in an offence as set forth in paragraph
     1, 2 or 3 of the present article; or
(b) Organizes or directs others to commit an offence as set forth in
     paragraph 1, 2 or 3 of the present article; or
(c) In any other way contributes to the commission of one or more
     offences as set forth in paragraph 1, 2 or 3 of the present article    
     by a group of persons acting with a common purpose; such  
     contribution shall be intentional and either be made with the 
     aim of furthering the general criminal activity or purpose of the 
     group or be made in the knowledge of the intention of the group
      to commit the offence or offences concerned.

Resources on International Terrorism Treaties

United Nations Treaties on Terrorism
Under the auspices of the UN, there are 12 international treaties related to terrorism, 10 conventions and two supplemental protocols: