Summary: October 15, 2001: Statement by Mr. Paul Rietjens on behalf of the European Union. Working group created by Resolution 51/210 of the General Assembly of 17 December 1996. Measures to eliminate international terrorism (New York)
Mr. Chairman,
I have the honor to speak on behalf of the European Union. [The countries of Central and Eastern Europe associated with the EU (Bulgaria, Estonia, Hungary, Latvia, Lithuania, Poland, Romania, the Czech Republic, Slovakia and Slovenia) and the associated countries of Cyprus, Malta and Turkey support this statement.] [This is also the case for Iceland and Norway.]
Mr. Chairman,
We are pleased to see you continue to chair our discussions, which, in the light of the tragic events, which have occurred in the very city where we are meeting, have become more important than ever. We are convinced that your experience, expertise and personal commitment will enable you to lead us in the direction of significant, not to say decisive, progress in the coming weeks.
Time is running out. The whole world agrees that the terrorist attacks of 11 September marked a turning point in the history of our era. I should like to take advantage of this opportunity to express once again, on behalf of the European Union, my sincere condolences to the representative of the United States Government and through him to all the great numbers of people who have been directly or indirectly affected by this tragedy. I would also address my condolences to the representatives of
other States whose nationals were among the victims.
As the Heads of State or Government of the European Union stated at the extraordinary meeting of the European Council in Brussels on 21 September, these attacks are an assault on our open, democratic, tolerant and multiracial societies. They are a challenge to the conscience of every human being. The response to terrorism must therefore be global and multilateral. The coalition we are building to combat this scourge must be as broad and effective as possible. The fight must also be conducted
using effective instruments for legal cooperation so that those who plan, fund or commit terrorist acts or who are accessories to them cannot find refuge anywhere in the world. The European Union wishes to categorically reaffirm its absolute and unreserved condemnation of terrorism whatever its form, motivation and manifestations. But with the same resolve, the European Union would stress that the fight against terrorism must be waged with due regard to human rights and fundamental freedoms and
must go hand in hand with the search for lasting solutions to the political and human tragedies which all contribute to the instability which nurtures terrorist groups.
During the last quarter of a century, the United Nations and its specialized agencies have successfully drafted a series of sectoral anti-terrorist conventions concerning specific categories of terrorist acts. Together, they form an important corpus of legislation designed to respond in a pragmatic and effective way to the various forms of terrorism. But this corpus needs to be consolidated, which is why the European Union has renewed its commitment in this respect, supported by the States
associated with the EU.
The Union also calls on all those States which have not yet done so to become Parties to the twelve international conventions concerned and, in particular, to sign and/or ratify the two most recent conventions. This call is also part of, i.a. resolution 1373 of the Security Council of 28 September 2001. The European Union welcomes, in this regard, the adoption of this resolution and affirms, together with its Member States, her commitment to expeditiously take the measures, that are necessary
for its implementation. In this context, the EU wishes to point out that its fifteen Member States have signed the International Convention for the Suppression of Terrorist Bombings and that seven of them have already ratified it. Moreover, with the recent signing by Austria, Belgium, Denmark and Luxemburg, of the International Convention for the Suppression of the Financing of Terrorism and taking into account the fact that Ireland will sign this Convention today and that Sweden will do the
same in a few days, I have the honor to inform you that before the end of this week, the 15 Union Member States will be amongst the signatories of this Convention. In addition, one Member State has already ratified this Convention and two others are on the verge of depositing their instruments of ratification.
Mr. Chairman,
Despite this solid international legal framework, the events of 11 September have shown that the terrorists' perverse inventiveness in their modus operandi obliges more than ever to close the remaining loopholes. As part of that exercise, the General Assembly requested last year in Resolution 55/158 that both the Ad Hoc Committee established by Resolution 51/210 and our Working Group should continue to elaborate a comprehensive convention on international terrorism. The EU once again thanks
India for taking the ambitious initiative of submitting a draft text to that end. The latter continues to form an excellent basis for discussions. The Union calls on all the Members of the UN to pull together to arrive at a satisfactory outcome on the unresolved questions before the end of this 56th session of the General Assembly. It emphasizes once again that such a comprehensive convention must contribute added value in relation to the existing sectoral conventions, while preserving the
achievements of those conventions.
To ensure that such added value is conferred, the comprehensive convention's scope must cover as broadly as possible the acts deemed to be terrorist acts, including the principle that a terrorist threat constitutes an offence in itself. India's draft follows this approach, which the EU supports, although the criminal offences concerned should include not only persons and property but also serious attacks on the environment. Moreover, choosing an operational definition of the perpetration of a
terrorist act rather than attempting to define the phenomenon of terrorism in all its complexity has proved to be the right approach. This has been shown by all the twelve previous conventions. In this connection, the EU wishes to stress once again that the main objective of our task is to further develop international rules concerning individual liability for terrorist crimes so that the perpetrators can be brought to justice and punished throughout the world. The convention which we are in
the process of elaborating is therefore in no way intended to duplicate the relevant provisions of the United Nations Charter or international public law governing the conduct of States nor to replace the rules of international humanitarian law applicable to armed conflicts, as these will retain their full significance and scope.
Mr. Chairman,
In order to avoid persons involved in terrorist acts remaining unpunished, the EU recognizes the need for States to take measures to ensure that those concerned are unable to abuse the right of asylum, without affecting their obligations under the Convention of Geneva of 1951.
In the same vein, the EU is aware that in order to prevent terrorists from acting with impunity States must endeavor, as far as possible, to comply with extradition requests for persons involved in acts of terrorism. The Member States of the EU are willing to examine in a serious and responsible manner any clause intended to ensure that this principle as a complement to the rule "aut dedere, aut judicare" and without ever losing sight of the universal human rights rules.
Lastly, while reiterating the importance it attaches to preserving the achievements of the sectoral conventions, the EU considers that, in the interests of legal certainty, it would be desirable, even necessary, for the new comprehensive convention to contain provisions clarifying the relationship between it and the existing sectoral conventions. A clause on this point should in a harmonious way reconcile the idea of preserving the sectoral conventions with the principle of ending impunity for
those responsible for acts of terrorism.
Mr. Chairman,
In the Resolution mentioned earlier, the General Assembly also called for consideration of the outstanding issues relating to the elaboration of a draft international convention for the suppression of acts of nuclear terrorism. We all know that the risk that certain terrorist groups have obtained access to weapons of mass destruction is far from imaginary, and the events of 11 September have shown that there are those who do not shrink from resorting to the most horrifying acts. As the EU
already solemnly confirmed in a Joint Declaration with the Russian Federation on 3 October in Brussels, it will contribute towards the rapid conclusion of that convention so that it can soon be submitted to the General Assembly. While expressing its appreciation of the work accomplished by the Australian coordinator, the Union reiterates its willingness to participate in a constructive manner in any compromise solution.
Lastly, the General Assembly called on us to keep on our agenda the question of convening a high-level conference under the auspices of the United Nations to formulate a joint response of the international community to terrorism in all its forms and manifestations. This idea has certainly not lost any of its relevance. During the proceedings of the Ad Hoc Committee last February some suggested that such a conference be held after the successful conclusion of negotiations on the comprehensive
convention in order, inter alia, to promote its adoption and universal implementation at the same time as the sectoral conventions. The EU emphasizes its willingness to join in discussion of the organization of a conference after the conclusion of the comprehensive convention and insofar as the conference would contribute to a tangible strengthening of international cooperation.
Mr. Chairman,
Many complex and sensitive issues lie before us in the days to come, and we must address this difficult task with determination and responsibility. Our governments and peoples, deeply shaken by recent events, rightfully expect us to make substantial progress in our work. The European Union is convinced that under your skilful Chairmanship, and with the support of the members of your office and especially of our rapporteur, who has in the past conducted informal consultations in exemplary
fashion, we shall be capable of meeting those expectations. I would therefore assure you that you may count on the commitment and constructive attitude of the European Union and of all the States, which have endorsed this statement.
Thank you, Mr. Chairman.
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