In its resolution 1373 (2001), the Security Council decided that Member States shall ensure “that any person who participates in the financing, planning, preparation or perpetration of terrorist acts or in supporting terrorist acts is brought to justice”. This requires States to ensure that terrorist acts are established as serious criminal offences in domestic laws and regulations.
Criminalizing acts of terrorism in a clear and precise manner in accordance with relevant Security Council resolutions, human rights, the rule of law, and the provisions of the international counter-terrorism conventions and protocols serves to stop impunity and strengthen international cooperation on bringing terrorists to justice. It also serves to ensure compliance by States with international human rights law, including the principle of legality enshrined in article 15 of the International Covenant on Civil and Political Rights. Overly broad or vague criminalization of terrorist offences creates a risk of human rights violations. It also creates a risk that the resources of law enforcement agencies – especially those dedicated to counter-terrorism – will be stretched thin by being overly tied up with conduct of lesser seriousness than terrorist violence.
Yet, the Counter-Terrorism Committee’s assessments show that Member States continue to develop and implement counter-terrorism legislation using different approaches, including many that are not clear or precise. This may complicate international cooperation, especially formal cooperation such as mutual legal assistance and extradition, which are premised upon the principle of dual criminality.
This Analytical Brief identifies the elements of the terrorist offence that are required by international law. It provides examples of the most common structures that States have employed in criminalizing terrorist acts. The brief then highlights the most frequent recommendations made by the Counter-Terrorism Committee stemming from its country visit assessments and how they aim to improve the clarity and precision of offences.
This brief focuses only on the criminalization of terrorist acts. Other offences, such as the financing of terrorism, incitement to terrorism, and travel for the purposes of terrorism, are not addressed, but the clarity of the terrorist offence itself is important for those other supporting offences.
Access the full resource here.
