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Report of the Policy Working Group on the United Nations and Terrorism

II. Dissuasion

A. International legal instruments

21. The Policy Working Group believes that the setting of international norms through the continuing promotion and adoption of international legal instruments, the protection of human rights and the dissemination of a clear principled message should remain a central priority of United Nations efforts on this issue.

22. International efforts in the past decade have resulted in the adoption of international instruments and other measures at the international and regional levels that create a legal framework to combat international terrorism. These include 19 international and regional instruments (see appendix), as well as resolutions of the General Assembly and the Security Council. The international community, led by the Security Council, has unequivocally determined that international terrorism represents a threat to international peace and security. International action pursued within the framework of the international legal instruments represents the most effective and legitimate response to that threat.

23. The effectiveness of any international legal regime depends on its implementation and support by States. The United Nations system should intensify efforts to raise awareness of the relevant instruments relating to international terrorism and transnational organized crime. The existing international legal instruments relating to terrorism do not create an integrated system, however, and gaps remain. In addition, the pace of their ratification remains too slow.

24. Disarmament is a particularly important area for legal norm setting. Additional mechanisms are needed to ensure compliance with obligations and responsibilities and to enhance transparency.

25. International terrorism and transnational organized crime are often closely interrelated and connected, for example, through the trafficking of drugs and arms, and money-laundering. Therefore, a comprehensive programme to counter international terrorism will be more effective if it is coordinated with the struggle against transnational organized crime. As the United Nations Convention against Transnational Organized Crimea enters into force, the United Nations Office at Vienna (where the secretariat of the Convention is located) will have an important role to play in further exploring the links and in promoting such coordination.

B. Human rights

26. The protection and promotion of human rights under the rule of law is essential in the prevention of terrorism. First, terrorism often thrives in environments in which human rights are violated. Terrorists may exploit human rights violations to gain support for their cause. Second, it must be understood clearly that terrorism itself is a violation of human rights. Terrorist acts that take life violate the right to life set forth in article 6 of the International Covenant on Civil and Political Rights.b Third, it must also be understood that international law requires observance of basic human rights standards in the struggle against terrorism. The struggle against international terrorism will be further enhanced if the most serious crimes committed by terrorists are tried before the International Criminal Court and prosecuted under its Statute (provided that the relevant national court cannot or will not prosecute). Since the Statute covers the category of crimes against humanity, which includes murder and extermination committed as part of a widespread or systematic attack on any civilian population, certain terrorist acts might therefore be tried under the Statute.

27. The struggle against terrorism should be carried out in keeping with international human rights obligations. The Secretary-General, the United Nations High Commissioner for Human Rights and other international leaders have highlighted this point. In addressing the Security Council on 18 January 2002, the Secretary-General stated:
"While we certainly need vigilance to prevent acts of terrorism, and firmness in condemning and punishing them, it will be self-defeating if we sacrifice other key priorities - such as human rights - in the process."
28. The various international instruments on human rights include clear limitations on the actions that States may take within the context of the fight against terrorism. States should be made aware of the responsibilities placed upon them by the various human rights instruments and reminded that key provisions of the International Covenant on Civil and Political Rights cannot be derogated from.

C. Behavioural norm setting

29. The United Nations also has an important role to play in convincing communities that terrorist methods are unacceptable. However, the United Nations Secretariat traditionally communicates with Governments, and has tended to be more effective in reaching the elite than aggrieved communities within Member States. These objectives require both a clear, consistent message and innovative engagement with the media and Member States.

30. Three overarching goals should lead United Nations public communication efforts in this arena: first, to reach those who are not convinced that terrorism is unacceptable, and to persuade them that there is no valid cause for which it can be used; second, to highlight the Organization's role in addressing and preventing it; and third, to prevent the core work of the United Nations from being obscured by the Organization's response to terrorism.