persons and related extortion that are of international significance61. The OAS also adopted the Declaration of
Lima to Prevent, Combat, and Eliminate Terrorism, which approximated a definition of terrorism by stating
that “as a serious manifestation of deliberate and systematic violence aimed at creating chaos and fear in the
population, generating death and destruction, and constitutes a reprehensible criminal activity”62.
103. Likewise, on June 3, 2002, the OAS General Assembly approved the Inter-American Convention against
Terrorism, with the stated object and purpose of preventing, punishing, and eliminating terrorism 63 . Said
Convention establishes in Article 4 that “each State Party, to the extent that it has not done so, shall establish a
legal and administrative regime to prevent, combat, and eradicate the financing of terrorism and to achieve
effective international cooperation in this regard, which should include”64.
104. In 2002 the Inter-American Commission on Human Rights issued the Terrorism and Human Rights
Report, in which it noted that manifestations of terrorist violence in the Americas, in addition to posing a
serious threat to the protection of human rights, frequently they have affected governments and democratic
institutions; and noted that international law obligates member states to adopt the necessary measures to
prevent terrorism and other forms of violence and to guarantee the safety of their citizens65. It also reiterated
the need for States, when adopting anti-terrorist measures, to comply with their international obligations,
including those of international human rights and humanitarian law66.
105. Regarding the definition of terrorism, in said Report the Commission indicated that unlike the UN
Convention against Terrorism, the Inter-American Convention against Terrorism refrains from giving a
detailed definition of terrorism and, instead, includes the crimes defined in ten international treaties on
terrorism that exist to date67. The Commission noted:
At the same time, the fact that terrorism per se may not have a specific meaning under international law
does not mean that terrorism is an indescribable form of violence or that states are not subject to
restrictions under international law when developing their responses to such violence. To the contrary,
it is possible to identify several characteristics frequently associated with incidents of terrorism that
provide sufficient parameters within which states’ international legal obligations in responding to
terrorist violence may be identified and evaluated. The United Nations General Assembly, for example,
has developed a working definition of terrorism for the purposes of its various resolutions and
OAS, Convention to prevent and punish the acts of terrorism taking the form of crimes against persons and related extortion that are of
international significance, February 2, 1971.
62 OAS, Declaration of Lima to prevent, combat, and eliminate terrorism.
63 OAS, Inter-American Convention against Terrorism. June 3, 2002.
64 Said Convention was adopted after the attack on the AMIA, so its content presented in this Report will not be taken into account as a
source of direct obligations for the Argentine State, without prejudice to which it is considered pertinent to refer to it by way of illustration
in view of the fact that it represents the consensus of the American States on the matter and the consecration of pre-existing obligations in
the same treaty.
65 IACHR, Report on Terrorism and Human Rights. October 22, 2002. Chapter II A, para. 33. Chapter I A, Para. 3.
66 IACHR, Report on Terrorism and Human Rights. October 22, 2002. Chapter II A, para. 33. Chapter II A Para. 22.
67 Inter-American Convention Against Terrorism, supra note 8, Article 2(1) (“For the purposes of this Convention, “offenses” means the
offenses established in the international instruments listed below: a. Convention for the Suppression of Unlawful Seizure of Aircraft, signed
at The Hague on December 16, 1970. b. Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, signed at
Montreal on September 23, 1971. c. Convention on the Prevention and Punishment of Crimes against Internationally Protected Pe rsons,
including Diplomatic Agents, adopted by the General Assembly of the United Nations on December 14, 1973. d. International Conventio n
against the Taking of Hostages, adopted by the General Assembly of the United Nations on December 17, 1979. e. Convention on the Physical
Protection of Nuclear Material, signed at Vienna on March 3, 1980. f. Protocol on the Suppression of Unlawful Acts of Violence at Airports
Serving International Civil Aviation, supplementary to the Convention for the Suppression of Unlawful Acts against the Safety of Civil
Aviation, signed at Montreal on February 24, 1988. g. Convention for the Suppression of Unlawful Acts against the Safety of M aritime
Navigation, done at Rome on March 10, 1988. h. Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms Located
on the Continental Shelf, done at Rome on March 10, 1988. i. International Convention for the Suppression of Terrorist Bombings, adopted
by the General Assembly of the United Nations on December 15, 1997. j. International Convention for the Suppression of the Financing of
Terrorism, adopted by the General Assembly of the United Nations on December 9, 1999. (2) Upon depositing its instrument of r atification
to this Convention, a state party that is not a party to one or more of the international instruments listed in paragraph 1 of this article may
declare that, in application of this Convention to such state party, that particular instrument shall be deemed not to be inc luded in that
paragraph. The declaration shall cease to have effect as soon as that instrument enters into force for that state party, which shall notify the
depositary of this fact. (3) When a state party ceases to be a party to one of the international instruments listed in paragraph 1 of this
article, it may make a declaration, as provided in paragraph 2 of this article, with respect to that instrument”).
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