United Nations Security Council Resolution 1373
Encyclopedia
United Nations
Security Council Resolution 1373, adopted unanimously on September 28, 2001, is a counter-terrorism
measure passed following the September 11 terrorist attacks on the United States
. The resolution was adopted under Chapter VII of the United Nations Charter
, and is therefore binding on all UN member states.
It marks a shift in international law
, as the latter was presumed to be valid only if the concerned state had voluntarily signed the international treaty; whereas here the Security Council imposed the resolution on all member states. According to the press release, the "meeting, which began at 10:50 p.m., adjourned at 10:53 p.m." and thus lasted three minutes. There is no record of the meeting, and although the United States
is widely credited with initiating Resolution 1373, it is not known who really was responsible for its passage.
(1998), 1269
(1999) and 1368
(2001) concerning terrorism. UN member states were encouraged to share their intelligence on terrorist groups in order to assist in combating international terrorism. The resolution also calls on all states to adjust their national laws
so that they can ratify all of the existing international conventions on terrorism. It stated that all States "should also ensure that terrorist acts are established as serious criminal offences in domestic laws and regulations and that the seriousness of such acts is duly reflected in sentences served."
The resolution established the Security Council's Counter Terrorism Committee [CTC]to monitor state compliance with is provisions.
It also aimed at restricting immigration law
, stating that "before granting refugee
status, all States should take appropriate measures to ensure that the asylum seekers
had not planned, facilitated or participated in terrorist acts. Further, States should ensure that refugee status was not abused by the perpetrators, organizers or facilitators of terrorist acts, and that claims of political motivation were not recognized as grounds for refusing requests for the extradition
of alleged terrorists."
However, the resolution failed to define 'Terrorism
', and the working group
initially only added Al-Qaida and the Taliban regime of Afghanistan
on the sanctions list. This also entailed the possibility that authoritarian regimes could label even non-violent activities as terrorist acts, and thus infringing upon basic human rights
.
considerations was remedied in part by Resolution 1456 (2003) which declared that "States must ensure that any measure taken to combat terrorism comply with all their obligations under international law, and should adopt such measures in accordance with international law, in particular, international human rights, refugee, and humanitarian law."
Resolution 1566 also called for the creation of a working group that will expand the list of terrorist entities under sanction beyond the Taliban and Al-Qaida.
and Venezuela
being quite reluctant, especially concerning the freezing of assets of persons or groups whom they had no evidence of involvement in terrorism), but only a few of them did so by explicitly referring to the UN resolution.
Russia was one of the exception to this rule: President of Russia Vladimir Putin
translated the resolution in Russian and enacted as law by the 10 January 2002 Decree
of the President of the Russian Federation No 6 On Measures Towards the Implementation of the UN Security.
(considered, without evidence, as a serious risk to security) as well as:
United Nations
The United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and achievement of world peace...
Security Council Resolution 1373, adopted unanimously on September 28, 2001, is a counter-terrorism
Counter-terrorism
Counter-terrorism is the practices, tactics, techniques, and strategies that governments, militaries, police departments and corporations adopt to prevent or in response to terrorist threats and/or acts, both real and imputed.The tactic of terrorism is available to insurgents and governments...
measure passed following the September 11 terrorist attacks on the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
. The resolution was adopted under Chapter VII of the United Nations Charter
Chapter VII of the United Nations Charter
Chapter VII of the United Nations Charter sets out the UN Security Council's powers to maintain peace. It allows the Council to "determine the existence of any threat to the peace, breach of the peace, or act of aggression" and to take military and nonmilitary action to "restore international peace...
, and is therefore binding on all UN member states.
It marks a shift in international law
International law
Public international law concerns the structure and conduct of sovereign states; analogous entities, such as the Holy See; and intergovernmental organizations. To a lesser degree, international law also may affect multinational corporations and individuals, an impact increasingly evolving beyond...
, as the latter was presumed to be valid only if the concerned state had voluntarily signed the international treaty; whereas here the Security Council imposed the resolution on all member states. According to the press release, the "meeting, which began at 10:50 p.m., adjourned at 10:53 p.m." and thus lasted three minutes. There is no record of the meeting, and although the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
is widely credited with initiating Resolution 1373, it is not known who really was responsible for its passage.
Aims of the resolution
The resolution aimed to place barriers on the movement, organization and fund-raising activities of terrorist groups. It recalled provisions from resolutions 1189United Nations Security Council Resolution 1189
United Nations Security Council Resolution 1189, adopted unanimously on August 13, 1998, after expressing its deep disturbance at the bombings in Nairobi, Kenya, and Dar es Salaam, Tanzania on August 7, 1998, the Council strongly condemned the terrorist attacks and called on countries to adopt...
(1998), 1269
United Nations Security Council Resolution 1269
United Nations Security Council Resolution 1269, adopted unanimously on October 19, 1999, after expressing concern at the increasing number of acts of international terrorism, the Council condemned terrorist attacks and called upon states to fully implement anti-terrorist conventions...
(1999) and 1368
United Nations Security Council Resolution 1368
United Nations Security Council Resolution 1368, adopted unanimously on September 12, 2001, after expressing its determination to combat threats to international peace and security caused by acts of terrorism and recognising the right of individual and collective self-defense, the Council condemned...
(2001) concerning terrorism. UN member states were encouraged to share their intelligence on terrorist groups in order to assist in combating international terrorism. The resolution also calls on all states to adjust their national laws
Anti-terrorism legislation
Anti-terrorism legislation designs various types of laws passed in the aim of fighting terrorism. They usually, if not always, follow specific bombings or assassinations...
so that they can ratify all of the existing international conventions on terrorism. It stated that all States "should also ensure that terrorist acts are established as serious criminal offences in domestic laws and regulations and that the seriousness of such acts is duly reflected in sentences served."
The resolution established the Security Council's Counter Terrorism Committee [CTC]to monitor state compliance with is provisions.
It also aimed at restricting immigration law
Immigration law
Immigration law refers to national government policies which control the phenomenon of immigration to their country.Immigraton law, regarding foreign citizens, is related to nationality law, which governs the legal status of people, in matters such as citizenship...
, stating that "before granting refugee
Refugee
A refugee is a person who outside her country of origin or habitual residence because she has suffered persecution on account of race, religion, nationality, political opinion, or because she is a member of a persecuted 'social group'. Such a person may be referred to as an 'asylum seeker' until...
status, all States should take appropriate measures to ensure that the asylum seekers
Right of asylum
Right of asylum is an ancient juridical notion, under which a person persecuted for political opinions or religious beliefs in his or her own country may be protected by another sovereign authority, a foreign country, or church sanctuaries...
had not planned, facilitated or participated in terrorist acts. Further, States should ensure that refugee status was not abused by the perpetrators, organizers or facilitators of terrorist acts, and that claims of political motivation were not recognized as grounds for refusing requests for the extradition
Extradition
Extradition is the official process whereby one nation or state surrenders a suspected or convicted criminal to another nation or state. Between nation states, extradition is regulated by treaties...
of alleged terrorists."
However, the resolution failed to define 'Terrorism
Terrorism
Terrorism is the systematic use of terror, especially as a means of coercion. In the international community, however, terrorism has no universally agreed, legally binding, criminal law definition...
', and the working group
Working group
A working group is an interdisciplinary collaboration of researchers working on new research activities that would be difficult to develop under traditional funding mechanisms . The lifespan of the WG can last anywhere between a few months and several years...
initially only added Al-Qaida and the Taliban regime of Afghanistan
Afghanistan
Afghanistan , officially the Islamic Republic of Afghanistan, is a landlocked country located in the centre of Asia, forming South Asia, Central Asia and the Middle East. With a population of about 29 million, it has an area of , making it the 42nd most populous and 41st largest nation in the world...
on the sanctions list. This also entailed the possibility that authoritarian regimes could label even non-violent activities as terrorist acts, and thus infringing upon basic human rights
Human rights
Human rights are "commonly understood as inalienable fundamental rights to which a person is inherently entitled simply because she or he is a human being." Human rights are thus conceived as universal and egalitarian . These rights may exist as natural rights or as legal rights, in both national...
.
Resolution 1456 (2003)
The absence of any specific reference to human rightsHuman rights
Human rights are "commonly understood as inalienable fundamental rights to which a person is inherently entitled simply because she or he is a human being." Human rights are thus conceived as universal and egalitarian . These rights may exist as natural rights or as legal rights, in both national...
considerations was remedied in part by Resolution 1456 (2003) which declared that "States must ensure that any measure taken to combat terrorism comply with all their obligations under international law, and should adopt such measures in accordance with international law, in particular, international human rights, refugee, and humanitarian law."
Resolution 1566
UN Security Council Resolution 1566 picked up loose ends from 1373 by actually spelling out what the Security Council sees as terrorism:"criminal acts, including against civilians, committed with the intent to cause death or serious bodily injury, or taking of hostages, with the purpose to provoke a state of terror in the general public or in a group of persons or particular persons, intimidate a population or compel a government or an international organization to do or to abstain from doing any act."Although this definition has operative effect for the purposes of Security Council action, it does not represent a definition of "terrorism" which binds all states in international law. That is a task which could only be achieved by way of agreeing to an international treaty under the auspices of the UN General Assembly. Negotiations towards agreeing to such are ongoing, and a Comprehensive Convention exists in draft form, however agreement to its exact terms, most particularly the definition of "terrorism", remains elusive.
Resolution 1566 also called for the creation of a working group that will expand the list of terrorist entities under sanction beyond the Taliban and Al-Qaida.
National implementation
Most states complied with the resolution, with varying willingness (MexicoMexico
The United Mexican States , commonly known as Mexico , is a federal constitutional republic in North America. It is bordered on the north by the United States; on the south and west by the Pacific Ocean; on the southeast by Guatemala, Belize, and the Caribbean Sea; and on the east by the Gulf of...
and Venezuela
Venezuela
Venezuela , officially called the Bolivarian Republic of Venezuela , is a tropical country on the northern coast of South America. It borders Colombia to the west, Guyana to the east, and Brazil to the south...
being quite reluctant, especially concerning the freezing of assets of persons or groups whom they had no evidence of involvement in terrorism), but only a few of them did so by explicitly referring to the UN resolution.
Russia was one of the exception to this rule: President of Russia Vladimir Putin
Vladimir Putin
Vladimir Vladimirovich Putin served as the second President of the Russian Federation and is the current Prime Minister of Russia, as well as chairman of United Russia and Chairman of the Council of Ministers of the Union of Russia and Belarus. He became acting President on 31 December 1999, when...
translated the resolution in Russian and enacted as law by the 10 January 2002 Decree
Decree
A decree is a rule of law issued by a head of state , according to certain procedures . It has the force of law...
of the President of the Russian Federation No 6 On Measures Towards the Implementation of the UN Security.
CTC 2008 report
Recommendations of the Counter Terrorism Committee 2008 report included increased measures concerning illegal immigrationIllegal immigration
Illegal immigration is the migration into a nation in violation of the immigration laws of that jurisdiction. Illegal immigration raises many political, economical and social issues and has become a source of major controversy in developed countries and the more successful developing countries.In...
(considered, without evidence, as a serious risk to security) as well as:
- to "Promote inter-agency coordination and the exchange of counter-terrorism information at the national, regional and international levels";
- to "Encourage States to establish dedicated and permanent counter-terrorism units, with the assistance of experts seconded from various specialized institutions, in areas such as criminal law, counter-financing of terrorism and border control";
- to "Encourage greater cooperation with INTERPOLInterpolInterpol, whose full name is the International Criminal Police Organization – INTERPOL, is an organization facilitating international police cooperation...
and increased utilization of its resources and databaseDatabaseA database is an organized collection of data for one or more purposes, usually in digital form. The data are typically organized to model relevant aspects of reality , in a way that supports processes requiring this information...
s, such as red notices and watch lists" (Interpol created in 2002 the Interpol Terrorism Watch ListInterpol Terrorism Watch ListInterpol launched the Interpol Terrorism Watch List on 11 April 2002 for access by Interpol offices and authorized police agencies in its 186 member countries, during the 17th Interpol Regional Conference for the Americas in Mexico City...
).
See also
- Anti-terrorism legislationAnti-terrorism legislationAnti-terrorism legislation designs various types of laws passed in the aim of fighting terrorism. They usually, if not always, follow specific bombings or assassinations...
- Counter-terrorismCounter-terrorismCounter-terrorism is the practices, tactics, techniques, and strategies that governments, militaries, police departments and corporations adopt to prevent or in response to terrorist threats and/or acts, both real and imputed.The tactic of terrorism is available to insurgents and governments...
- List of terrorist incidents
- List of United Nations Security Council Resolutions 1301 to 1400 (2000 – 2002)