Developments in international law, prepared by
the Editorial Staff of International Legal Materials
The American Society of International Law October 23, 2001
TERRORISM RELATED DOCUMENTS (In
Chronological Order)
EU: Statement by President Prodi
on the Attacks Against the United States (September 12,
2001)
Mr. Romano Prodi, the President of the EU Commission,
noted the EU Commission's expression of horror at the
acts of "barbaric crimes" that took place in the U.S.
Mr. Prodi stressed that the EU's cooperation with the
U.S. in the fight against terrorism was "more necessary
than ever," and stated that the EU would work closely
together with the U.S. "in the defence of freedom."
NATO: Statement by the North Atlantic
Council in Response to the Terrorist Attacks Against the
United States (September 12, 2001)
The North Atlantic Council agreed that if it was determined
that the terrorist attacks against the U.S. were directed
from abroad, they should be regarded as an action covered
by Article 5 of the Washington Treaty, which stated that
"an armed attack against one or more of the Allies in
Europe or North America shall be considered an attack
against them all." The Council noted that although the
Washington Treaty commitment to collective self-defence
was first entered into in "circumstances very different
from those that exist now" it remained no less valid and
no less essential today, "in a world subject to the scourge
of international terrorism."
U.N. Security Council: Resolution
1368 (On Threats to International Peace and Security Caused
by Terrorist Acts), S/RES/1368 (September 12, 2001)
The U.N. Security Council condemned "in the strongest
terms" the horrifying terrorist attacks which took place
on September 11, 2001 in New York, Washington, D.C. and
Pennsylvania. The Security Council regarded these acts
as a threat to international peace and security. The Security
Council called upon states to work together "urgently"
to bring the perpetrators, organizers and sponsors of
these acts to justice, and stressed that those responsible
for their aiding, supporting or harboring "will be held
accountable." The Security Council recognized the inherent
right of individual or collective self-defense "in accordance
with the [U.N.] Charter."
EU: Joint Declaration by the Heads
of State and Government of the European Union, the President
of the European Parliament, the President of the European
Commission, and the High Representative for the Common
Foreign and Security Policy (September 14, 2001)
The EU leaders declared that the U.S. Administration
and the American people could count on the Europe's solidarity
and full cooperation "to ensure that justice is done,"
noting that they would not allow those responsible for
the terrorist attacks against the U.S. to find refuge
"wherever they may be." The EU leaders called on all countries
to redouble their efforts in the fight against terrorism,
and reminded that international organizations, and
the U.N. in particular, must make this an absolute priority.
The EU leaders concluded that international law made it
possible to hunt the perpetrators, organizers and instigators
of terrorism, and that it was not tolerable for any country
to harbour terrorists.
U.N. General Assembly: Resolution
56/1 (Condemnation of Terrorist Attacks in the United
States of America), A/RES/56/1 (September 18, 2001)
The U.N. General Assembly strongly condemned the "heinous
acts of terrorism" against the U.S., and expressed its
condolences and solidarity with the people and Government
of the U.S. The General Assembly urgently called for international
cooperation to bring to justice the perpetrators, organizers
and sponsors of the attacks, and stressed that those responsible
for their aiding, supporting or harbouring would be held
accountable.
U.S.: Public Law 107-40 (Joint
Resolution to Authorize the Use of United States Armed
Forces Against Those Responsible for the Recent Attacks
Launched Against the United States), S.J.RES 23 (September
18, 2001)
The Public Law 107-40 authorized the President to use
"all necessary and appropriate force" against those nations,
organizations, or persons he determines planned, authorized,
committed, or aided the September 11 terrorist attacks,
or harbored such organizations or persons. The authorisation
for the use of force is aimed at preventing "any future
acts of international terrorism against the United States"
by such nations, organizations or persons. The Law invoked
the right of self-defence, and the need for protection
of the U.S. citizens both at home and abroad.
EU: Conclusions Adopted by the
Council (Justice and Home Affairs) (September 20, 2001)
The EU Justice and Home Affairs Council ("Council") noted
that the seriousness of recent events that took place
in the U.S. has led the EU to speed up the process of
creating an area of freedom, security and justice, and
to step up cooperation with its partners, and especially
with the U.S. The Council emphasised the "urgent" need
for a common understanding on political and legal meaning
of terrorism, and a need to overcome the requirement of
double criminality in terrorist cases.
The Council invited the EU Member States to ratify "as
soon as possible" the relevant conventions to prevent
and combat the financing of terrorism, and in particular
the U.N. Convention for the Suppression of the Financing
of Terrorism. The Council adopted several measures designed
to improve cooperation with the U.S., and instructed the
Director of Europol to finalise an agreement with the
U.S. that would provide for an exchange of liaison officers
between Europol and U.S. police agencies.
EU-U.S.: Joint Ministerial Statement
on Combatting Terrorism (September 20, 2001)
The Statement stressed that the EU and U.S. ("Parties")
would work in partnership in a broad coalition to combat
the "evil of terrorism." The Parties also pledged to work
together to encourage a "wider implementation of international
instruments." The Parties agreed to "vigorously" pursue
co-operation in several areas, including aviation and
other transport security; police and judicial co-operation;
denial of financing and other means of support to terrorists;
border controls; and export control and non-proliferation.
EU: Conclusions and Plan of Action
of the Extraordinary European Council Meeting (September
21, 2001)
The European Council decided that the fight against terrorism
would, "more than ever," be the EU's priority objective,
and declared that the U.N. Security Council Resolution
1368 (see above) made the "riposte by the US .
. . legitimate." The European Council called for the broadest
possible global coalition against terrorism "under [U.N.]
aegis." Finally, the European Council approved the plan
of action that included measures for enhancing police
and judicial cooperation; developing international legal
instruments; putting an end to the funding of terrorism;
strengthening air security; and coordinating the EU's
global action against terrorism.
Click here
for the text of the Conclusions and Plan of Action.
OAS: Declaration of Solidarity
from the House of the Americas (September 21, 2001)
The OAS Foreign Affairs Ministers declared their solidarity
with the Government and people of the U.S., and pledged
to stand united against terrorism. The Ministers committed
to work together to bring to justice the perpetrators,
organizers and sponsors of the terrorist attacks against
the U.S., and "all those who provide them aid and sustenance."
The Ministers also pledged to deny terrorist groups to
operate in the American hemisphere.
OAS: Resolution on Strengthening
Hemispheric Cooperation to Prevent, Combat, and Eliminate
Terrorism (September 21, 2001)
The OAS Foreign Affairs Ministers, condemning "vigorously"
the September 11 terrorist attacks against the U.S., recognized
the "inherent right of individual and collective self-defence"
in accordance with the OAS and U.N. Charters. The Ministers
called upon all the OAS member states to, inter alia,
strengthen cooperation to pursue, capture, prosecute,
punish and expedite the extradition of the perpetrators,
organizers, and sponsors of the terrorist acts. The Ministers
reaffirmed that actions to combat terrorism must be undertaken
with full respect for the "law, human rights, and democratic
institutions in order to preserve the rule of law, liberties,
and democratic values in the Hemisphere." Finally, the
Ministers entrusted the OAS Permanent Council with preparing
a draft Inter-American Convention Against Terrorism.
OAS: Resolution on Terrorist Threat
to the Americas (September 21, 2001)
The OAS Foreign Affairs Ministers noted that the obligation
of mutual assistance and common defence of the American
republics was "essentially related to their democratic
ideals and to their will to cooperate permanently in the
fulfilment of the principles and purposes of a policy
of peace." The Ministers declared that the terrorist attacks
against the U.S. were attacks against "all American states,"
and concluded that all States Parties to the Inter-American
Treaty of Reciprocal Assistance ("Rio Treaty") should
provide effective reciprocal assistance to address such
attacks, and a threat of any similar attacks against any
American state. The Ministers requested the States Parties
to the Rio Treaty to use "all legally available measures"
to pursue, capture, extradite and punish those individuals
for whom there was a reason to believe that had been involved
in, or had otherwise assisted the terrorist attacks against
the U.S.
U.S.: Executive Order 13224
Blocking Property and Prohibiting Transactions with Persons
who Commit, Threaten to Commit, or Support Terrorism (September
25, 2001)
The Executive Order 13224 blocked all property and interests
in property of inter alia twenty-seven persons
and organizations, including the property and interests
of Al-Qaida/Islamic Army and Usama bin Laden. The Executive
Order also authorized the Secretary of State to determine,
in consultation with the Secretary of the Treasury and
the Attorney General, additional foreign persons whose
property would be blocked, in case they had committed,
or posed a significant risk of committing "acts of terrorism
that threaten the security of U.S. nationals or the national
security, foreign policy, or economy of the [U.S.]."
U.N. Security Council: Resolution
1373 (On Threats to International Peace and Security Caused
by Terrorist Acts), S/RES/1373 (September 28, 2001)
The U.N. Security Council, acting under Chapter VII of
the U.N. Charter, decided that all States should, inter
alia, prevent and suppress the financing of terrorism;
refrain from providing any form of support to entities
or persons involved in terrorist acts; take necessary
steps to prevent commission of terrorist acts; deny safe
haven to those who finance, plan, support or commit terrorist
acts; and prevent the movement of terrorist or terrorist
groups by effective border controls. The Security Council
also called upon all States to take appropriate measures
in conformity with the relevant provisions of national
and international law before granting refugee status,
for the purpose of ensuring that the asylum-seeker has
not planned, facilitated or participated in the commission
of terrorist acts. The Security Council established a
Committee to monitor implementation of the resolution.
OECD: Statement by the Honourable
Donald J. Johnston, Secretary General of the OECD, on
Fighting International Terrorism (October 1, 2001)
The OECD Secretary General noted that the Ambassadors
of all the OECD member countries recognized that "terrorism
is a multifaceted problem," and that the fight against
it would require "co-operation, solidarity and unflinching
resolve" among governments and other international organizations.
The Secretary General stated that the OECD's expertise,
committees and instruments of co-operation would be very
effective in efforts to combat terrorist activities, to
address conditions that could lead to support for terrorism,
and to mitigate the negative impacts flowing from the
recent terrorist attacks against the U.S.
NATO: Statement by NATO Secretary
General, Lord Robertson (October 2, 2001)
The NATO Secretary General stated that the facts presented
by the U.S. in relation to September 11 terrorist attacks
were "clear and compelling," and pointed conclusively
to the role in these attacks by the world-wide terrorist
network of Al-Qaida, which is headed by Osama bin Laden
and protected by the Taleban regime in Afghanistan. The
Secretary General concluded that it was, therefore, clear
that September 11 terrorist attacks were directed from
abroad and that the self-defence provision contained in
Article 5 of the Washington Treaty was applicable. The
Secretary General reiterated that the U.S. could rely
on the "full support of its 18 NATO Allies in the campaign
against terrorism."
U.N. Security Council: Letter
Dated 7 October 2001 from the Permanent Representative
of the United States of America to the United Nations
Security Council Addressed to the President of the Security
Council, S/2001/946 (October 7, 2001)
The U.S. Permanent Representative to the U.N., acting
in accordance with Article 51 of the U.N. Charter, informed
the U.N. Security Council that the U.S. had initiated
the "exercise of its inherent right of individual and
collective self-defence" following the September 11 armed
attacks against the U.S. The U.S. Permanent Representative
reported that the U.S. Government had obtained "clear
and compelling information" that the Al-Qaeda organization,
which is supported by the Taliban regime in Afghanistan,
had a "central" role in the attacks. The U.S. Permanent
Representative noted that the U.S. inquiry was still in
early stages, and that the "[U.S.] may find that [its]
self-defence requires further actions with respect to
other organizations and other States."
September issue of International
Legal Materials (ILM) is currently in press, and
you can expect it in your mail in mid-November. However,
click here
in order to browse the September ILM table of contents.
Also, please note that all the terrorism related documents
featured in the current ILIB issue are reproduced in the
September ILM.
