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Security Council and terrorism
There is special significance in the requirements of Resolution 137316 of the Security
Council which established the Counter Terrorism Committee (CTC). Following the
terrorist attacks on the United States on 11 September 2001, the Security Council
adopted resolution 1373 which declares international terrorism a threat to international
peace and security. The Security Council took this action under Chapter VII of the UN
Charter, and resolution 1373 therefore imposes binding obligations on all member States
of the United Nations. The involvement of the Security Council in the counterterrorism
effort of the UN is a new development. Hitherto international terrorism was largely in
the hands of the General Assembly through the work of its Sixth (Legal) Committee.
Since 2000 the Sixth Committee had been trying to develop a comprehensive convention
on international terrorism.
Resolution 1373 does not attempt to define terrorism. But it requires all States to take
steps to combat terrorism and to become a party to the twelve international terrorism
conventions and protocols as soon as possible. In doing so it creates uniform obligations
for all 191 member States of the United Nations, thus going beyond the existing
international conventions and protocols binding only those States that are parties to them.
This is an unprecedented step for the Security Council.
While Resolution 1373 is directed at terrorist financing, it also requires or urges other
steps by States against terrorists, their organisations and supporters. States are urged, for
example, to update laws and to bring terrorists to justice, improve border security and
control traffic in arms, cooperate and exchange information with other States concerning
terrorists and provide judicial assistance to other States in criminal proceeding. The work
programme of the CTC is in three stages: first, to ensure legislation in member States are
in place covering all aspects of the resolution, and there is a process for adhering to the
twelve international terrorism conventions and protocols; second, a focus on the
executive machinery to mount and coordinate counterterrorism activity, and cooperation
on bilateral, regional and international levels; and third, focus on the implementation of
the legislation and executive machinery to bring terrorists and their supporters to justice.
Extensive consultations had been carried out by the CTC or on its behalf with UN and
other international organisations and with regional and sub-regional organisations,
including those of the Pacific, to ensure their assistance and cooperation.
Resolution 1373 requires that all States shall criminalise the willful financing of terrorist
acts and ensure that terrorist acts are established as serious criminal offences in their own
domestic law. Steps taken by each member State to implement Resolution 1373 are
required to be reported to the CTC. The report, in a stipulated format, is assessed and
commented on by the CTC, often with requests by the Committee for more specific
information or further action.
As of April 2003, the CTC had received reports covering the first phase from all 191
member States, except three (two small African States, and one small Pacific island
State). The reports are varied in both quality and length, largely reflecting the different
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Security Council Res. 1373, 28 September 2001.