98.
Within the framework of public international law, there are 19 international instruments related to the
fight against terrorism55. Some of them refer to civil aviation, international protection of diplomatic agents,
hostage-taking, protection of nuclear material, maritime navigation, explosive materials, terrorist bombing,
financing of terrorism, and nuclear terrorism. The set of instruments includes provisions that require States
parties to cooperate in the prevention of terrorist crimes and mutual legal assistance in criminal proceedings
related to terrorist crimes; that terrorist crimes are included among extraditable crimes in all extradition
treaties between States parties and that obligate States parties not to consider certain terrorist crimes as
political crimes, crimes related to a political crime, or crimes inspired by political motives, to the effects of
extradition56.
99.
The United Nations General Assembly has issued resolutions on measures to eliminate international
terrorism57. Specifically, the United Nations General Assembly issued Resolution A/RES/51/210 of January 16,
1997, on measures to eliminate international terrorism58. Said resolution indicates in its second paragraph that
“criminal acts intended or calculated to provoke a state of terror in the general public, a group of persons or
particular persons for political purposes [which] are in any circumstances unjustifiable, whatever the
considerations of a political, philosophical, ideological, racial, ethnic, religious or any other nature that may be
used to justify them”.
100. In turn, the Security Council has issued several Resolutions on the matter. Specifically, in the year 2001,
Resolution 1373 was approved; Resolution 2178 was approved in 2014; and Resolution 2396 was approved in
2017. All of them expand on prevention, investigation, and international cooperation measures, considering
that terrorism is a threat to international peace and security. On September 8, 2006, the United Nations General
Assembly approved the United Nations Global Counter-Terrorism Strategy, whose Plan of Action includes
measures related to the duty of States to prevent the occurrence of terrorist attacks59.
101. On the other hand, within the United Nations, the reports of the United Nations Rapporteurs on the
promotion and protection of human rights and fundamental freedoms in the fight against terrorism have
established various guidelines for States. In his 2012 Report, the Special Rapporteur, Ben Emmerson stated
that “the duty of the State to defend national security and its obligation to ensure the protection of the human
rights of those under its jurisdiction constitute a series of complementary, simultaneous, and mutually
reinforcing obligations”60.
102. At the regional level there are also several instruments. On February 2, 1971, the General Assembly of
the OAS approved the Convention to prevent and punish the acts of terrorism taking the form of crimes against
United Nations. National Security Council. Committee against Terrorism. See: https://www.un.org/sc/ctc/resources/internationallegal-instruments/
56 IACHR, Report on Terrorism and Human Rights. October 22, 2002. Chapter II A, para. 33.
57 United Nations. General Assembly. Measures to eliminate international terrorism. A/RES/49/60. February 17, 1995; and A/RES/51/210
of January 16, 1997.
58 United Nations. General Assembly. Measures to eliminate international terrorism. A/RES/51/210 of January 16, 1997.
59 The Strategy begins by outlining general measures to address the conditions that promote the spread of terrorism. It then ref ers to
measures to prevent and combat terrorism, among which are, among others: “[to] ensure that the perpetrators of terrorist acts are arrested
and prosecuted or extradited, in accordance with the relevant provisions of national and international law, in particular hum an rights law,
refugee law, and international humanitarian law”; “[I]ntensify efforts at the national level and bila teral, subregional, regional, and
international cooperation, as appropriate, to improve border and customs controls in order to prevent and detect the movement of
terrorists, and prevent and detect the illicit trafficking of, among other things, small arms and light weapons, conventional ammunition
and explosives, and nuclear, chemical, biological, or radiological weapons and materials […]”, as well as “[i]ntensify activities and
cooperation at all levels, as appropriate, to improve the security of the manufacture and issuance of identity and travel documents, and
prevent and detect their alteration or fraudulent use, while recognizing that the States may need assistance to do so”. In ad dition, it includes
“[i]ntensifying all activities aimed at improving the security and protection of particularly vulnerable targets, such as infrastructure and
public places, as well as the response to terrorist attacks and other disasters, particularly in the sphere of civil protecti on, while recognizing
that States may need assistance for this purpose”. United Nations. General Assembly. United Nations global strategy against terrorism.
Resolution approved on September 8, 2006. A/RES/60/288.
60 United Nations. Report of the Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while
countering terrorism, Ben Emmerson. Framework principles for ensuring the human rights of victims of terrorism*. June 4, 2012 .
A/HRC/20/14, para. 18.
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