ACCESSION TO COUNTER- TERRORISM CONVENTIONS PORTFOLIO COMMITTEE FOR SAFETY AND SECURITY

Accession to Counter- Terrorism Conventions Select Committee for Security and Constitutional Affairs

INTERNATIONAL CONVENTIONS ON: A. PREVENTION AND PUNISHMENT OF CRIMES AGAINST INTERNATIONALLY PROTECTED PERSONS, INCLUDING DIPLOMATIC AGENTS; AND B. THE TAKING OF HOSTAGES

BACKGROUND  The Committee has been briefed over the past few months on a number of Counter-Terrorism Conventions, approved for ratification, namely the Terrorist Bombing Convention, the Terrorist Financing Convention and the African Union Convention on the Prevention and Combating of Terrorism  Committee also briefed regarding all 12 International Conventions on Terrorism in briefings on other Counter-Terrorism Conventions  Legal opinions and implications dealt with.  Briefing focus -contents of the two Conventions.

INTERNATIONAL OBLIGATIONS Obligation to become Party to Conventions as soon as possible, stems from RSA’s commitments made to combat terrorism, in the United Nations, Non-Aligned Movement, and African Union.  Obligations in terms of Resolution 1373/2001, of the UN Security Council.  Obligations in terms of the OAU(Algiers Convention).

RESOLUTION 1373/2001 (Par 3(d); Adopted by the United Nations Security Council at its 4385th meeting on, 28 September 2001  “The Security Council,  Decides also that all States shall: Become parties as soon as possible to the relevant international conventions and protocols relating to terrorism, including the International Convention for the Suppression of the Financing of Terrorism of 9 December 1999; “.

OAU/AU ALGIERS CONVENTION ON TERRORISM  Article 2  States Parties undertake to:  (b) consider, as a matter of priority, the signing or ratification of, or accession to, the international instruments listed in the Annexure,which they have not yet signed, ratified or acceded to;  (THIS ANNEXURE INCLUDES THE TWO CONVENTIONS UNDER CONSIDERATION)

PREVENTION AND PUNISHMENT OF CRIMES AGAINST INTERNATIONALLY PROTECTED PERSONS, INCLUDING DIPLOMATIC AGENTS CONVENTION  Aimed at protection of “internationally protected persons”:  Head of State or Government;  A Minister of Foreign Affairs, when in a Foreign State;  Representatives or Officials of a State or agent of International Organisations entitled pursuant to International Law to special Protection (Vienna Convention)

OBLIGATION TO CREATE OFFENCES Article 2 requires States to make the following as crimes under its law:  Murder, kidnapping or other attack upon person or liberty of internationally protected person;  Violent attack upon premises, private accommodation or transport of Internationally Protected Person;  Threat, attempt or participation in any of the above;  Appropriate penalties, to be enacted.

FURTHER OBLIGATIONS  Extradite or prosecute.  Practical steps to prevent offences.  Inclusion of offences in future extradition treaties.  Exchange of information on offences.  Offenders to be treated fair.  Notification to UN of prosecutions.

COUNTER-TERRORISM BILL 2. (1) Any person who—  (a) commits or threatens to commit a terrorist act;  (b) conspires with any person to commit or bring about a terrorist act; or  (c) incites, commands, aids, advises, encourages or procures any other person to commit or bring about a terrorist act, is guilty of an offence and liable on conviction to imprisonment which may include imprisonment for life.

COUNTER-TERRORISM BILL  ‘‘terrorist act’’ means an unlawful act, committed in or outside the Republic; which is—  (a) a convention offence; or  (b) likely to intimidate the public or a segment of the public;  The following is included as a Convention Offence: Murdering, kidnapping or attacking an internationally protected person or endangering his or her person or liberty as contemplated in Article 1 of the Convention on the Prevention and Punishment of Crimes Against Internationally Protected Persons including Diplomatic Agents, adopted by the General Assembly of the United Nations on 17 December 1973.

COUNTER-TERRORISM BILL  The Bill further provides :  3. Whenever a person is convicted of an offence involving an act committed against the person or property of an internationally protected person, the court must treat the fact that the victim is an internationally protected person as an aggravating factor in passing sentence.

WORKING DOCUMENT  A person who murders or kidnaps an internationally protected person commits a terrorist act.  A “terrorist act” is a crime in terms of the Working Document, as well as any attempt, conspiracy, participation, etc. Punishment the same as for other terrorist acts, namely life imprisonment.

HOSTAGES CONVENTION  Crime in terms of Convention, to seize, detain, threaten to kill, or detain another person, in order to compel a third party, namely a State, international inter- governmental organization,, a natural or juridical person or group of persons, to do or abstain from doing any act as an implicit condition for the release of the hostage.  Attempt or participation also included.  State Parties must make above offences punishable with appropriate penalties.

OBLIGATIONS  Take appropriate steps to ease situation of hostages, to secure release to facilitate departure.  Take appropriate steps to prevent preparations for offences, and prohibit in its territory illegal activities of persons, groups or organizations that encourage, instigate, organize or engage in the perpetration of acts of taking hostages.  Exchange information and co-ordinate measures to prevent commission of offences.

Jurisdiction State Party shall establish jurisdiction over offences of hostage taking;  In its territory, on board ships and aircraft registered in State;  By any of its nationals, or stateless persons who have their habitual stay in its territory;  In order to compel that State to do or abstain from doing any act;  With respect to a hostage which is a national of that state.

OBLIGATIONS  Prosecute or extradite.  Notification to United Nations of presence of person and outcome of prosecution.  Afford mutual legal assistance to one another.

EXCEPTIONS  Does not apply where offence is committed in single State, the hostage and offender are nationals of that sate and the alleged offender is found in the territory of that state.

LEGAL OPINIONS State Law Advisers: International Law (Department of Foreign Affairs) And State Law Advisers: Department of Justice Recommend accession to the two Conventions.

RECOMMENDATION  That the two Conventions be acceded to, as soon as possible.

Thank you Presentation by: Asst Comm PC Jacobs: Head: Legal Support: Crime Operations, SA Police Service Tel (012)