International Convention for the Suppression of Acts of Nuclear Terrorism
Encyclopedia
The 2005 United Nations International Convention for the Suppression of Acts of Nuclear Terrorism (Nuclear Terrorism Convention) is a multilateral treaty
open to the ratification
of all states designed to criminalize acts of nuclear terrorism
and to promote police and judicial cooperation to prevent, investigate and punish those acts.
It covers a broad range of acts and possible targets, including nuclear power plants and nuclear reactors; covers threat
s and attempt
s to commit such crime
s or to participate in them, as an accomplice
; stipulates that offenders shall be either extradited or prosecuted; encourages States to cooperate in preventing terrorist attacks by sharing information and assisting each other in connection with criminal investigations and extradition proceedings; and, deals with both crisis situations, assisting States to solve the situations and post-crisis situations by rendering nuclear material safe through the International Atomic Energy Agency
(IAEA).
At the same time, article 4 expressly excludes the application of the convention to the use of nuclear devices during armed conflicts, without recognizing though the legality of the use of nuclear weapons:
Treaty
A treaty is an express agreement under international law entered into by actors in international law, namely sovereign states and international organizations. A treaty may also be known as an agreement, protocol, covenant, convention or exchange of letters, among other terms...
open to the ratification
Ratification
Ratification is a principal's approval of an act of its agent where the agent lacked authority to legally bind the principal. The term applies to private contract law, international treaties, and constitutionals in federations such as the United States and Canada.- Private law :In contract law, the...
of all states designed to criminalize acts of nuclear terrorism
Nuclear terrorism
Nuclear terrorism denotes the use, or threat of the use, of nuclear weapons or radiological weapons in acts of terrorism, includingattacks against facilities where radioactive materials are present...
and to promote police and judicial cooperation to prevent, investigate and punish those acts.
It covers a broad range of acts and possible targets, including nuclear power plants and nuclear reactors; covers threat
Coercion
Coercion is the practice of forcing another party to behave in an involuntary manner by use of threats or intimidation or some other form of pressure or force. In law, coercion is codified as the duress crime. Such actions are used as leverage, to force the victim to act in the desired way...
s and attempt
Attempt
Attempt was originally an offence under the common law of England.Attempt crimes are crimes where the defendant's actions have the form of the actual enaction of the crime itself: the actions must go beyond mere preparation....
s to commit such crime
Crime
Crime is the breach of rules or laws for which some governing authority can ultimately prescribe a conviction...
s or to participate in them, as an accomplice
Accomplice
At law, an accomplice is a person who actively participates in the commission of a crime, even though they take no part in the actual criminal offense. For example, in a bank robbery, the person who points the gun at the teller and asks for the money is guilty of armed robbery...
; stipulates that offenders shall be either extradited or prosecuted; encourages States to cooperate in preventing terrorist attacks by sharing information and assisting each other in connection with criminal investigations and extradition proceedings; and, deals with both crisis situations, assisting States to solve the situations and post-crisis situations by rendering nuclear material safe through the International Atomic Energy Agency
International Atomic Energy Agency
The International Atomic Energy Agency is an international organization that seeks to promote the peaceful use of nuclear energy, and to inhibit its use for any military purpose, including nuclear weapons. The IAEA was established as an autonomous organization on 29 July 1957...
(IAEA).
Definition of the crime of nuclear terrorism
Article 2 of the convention defines the offence of Nuclear terrorism as follows:At the same time, article 4 expressly excludes the application of the convention to the use of nuclear devices during armed conflicts, without recognizing though the legality of the use of nuclear weapons:
See also
- For the text of the convention see: 2005 International Convention for the Suppression of Acts of Nuclear Terrorism (Nuclear Terrorism Convention)
- Definition of terrorismDefinition of terrorismThere is neither an academic nor an international legal consensus regarding the proper definition of the word "terrorism". Various legal systems and government agencies use different definitions of "terrorism". Moreover, the international community has been slow to formulate a universally agreed...
- International conventions on terrorism
- United Nations General Assembly Sixth Committee (Legal)
Further reading
- Heather R. Demner, The Nuclear Terrorism Convention: Will Detainees be classified as "enemy combatants" by the United States? 12 ILSA Journal of International & Comparative Law, 641 (2006).
- C.F. Diaz-Paniagua, Negotiating terrorism: The negotiation dynamics of four UN counter-terrorism treaties, 1997-2005, City University of New York (2008).
- Odette Jankowitsch-Prevor, International Convention for the Suppression of Acts of Nuclear Terrorism, 76 OECD/NEA Nuclear Law Bulletin (2005).
- Christopher C. Joyner Countering Nuclear Terrorism: A Conventional Response, 18 European Journal of International Law 225 (2007).