Table Of ContentINTERNATIONAL LAW DOCUMENTS
RELATING TO TERRORISM
Since 9/11, terrorism has been at the forefront of global politics and international
relations. This new edition brings this comprehensive compilation of international law
documents relating to terrorism up to date.
Covering the main instruments passed by the United Nations, regional organisations,
and the State practice of United States and the United Kingdom on the issue of
combating terrorism in one volume, this new edition includes the most recent
instruments in the field of terrorism, such as the International Convention for the
Suppression of the Financing of Terrorism, the Financial Action Task Force Revised
Forty Recommendations on Money Laundering, the Special Recommendations on
Money Laundering, and the Special Recommendations on Terrorist Financing. The
collection is introduced by the authors with an explanation of the salient issues relating
to terrorism and proposals on how it can be combated.
lnternational Law Documents Relating to Terrorism provides in a single text all the
basic documents in international law relating to terrorism, with particular reference to
the Lockerbie bombing case and the developments since 9/11.
Dr Omer Y. Elagab, DPhil (Oxon) Advocate, Reader-in-Law, Director of the LLM in
International Law Course, City University, London.
Jeehaan O. Y. Elagab, LLB, LLM, Legal Assistant at the Ministry of Justice in
The Hague. Formerly Teaching Assistant at the Faculty of Law, Rijksuniversiteit
Groningen, The Netherlands.
INTERNATIONAL LAW
DOCUMENTS RELATING
TO TERRORISM
Third Edition
Omer Elagab and Jeehaan Elagab
Third edition first published 2007 by Routledge-Cavendish
2 Park Square, Milton Park, Abingdon, Oxon OX14 4RN
Simultaneously published in the USA and Canada
by Routledge-Cavendish
270 Madison Avenue, New York, NY 10016
This edition published in the Taylor & Francis e-Library, 2007.
“To purchase your own copy of this or any of Taylor & Francis or Routledge’s
collection of thousands of eBooks please go to www.eBookstore.tandf.co.uk.”
Routledge-Cavendish is an imprint of the Taylor & Francis Group
© 1995, 2007 Elagab & Elagab
Previous editions published by Cavendish Publishing Ltd
First edition 1995
Second edition 1997
Crown copyright material is reproduced with the permission of the
Controller of HMSO and the Queen’s Printer for Scotland.
All rights reserved. No part of this book may be reprinted or reproduced
or utilised in any form or by any electronic, mechanical, or other means,
now known or hereafter invented, including photocopying and recording,
or in any information storage or retrieval system, without permission in
writing from the publishers.
Britis h Library Cataloguing in Publication Data
A catalogue record for this book is available from the British Library
Library of Congress Cataloging in Publication Data
A catalogue record for this book has been requested
ISBN 0-203-08878-6 Master e-book ISBN
ISBN10: 1–85941–983–6 (hbk)
ISBN10: 0–203–08878–6 (ebk)
ISBN13: 978–1–85941–983–0 (hbk)
ISBN13: 978–0–203–08878–4 (ebk)
DEDICATION
To my mother, Tineke, my grandmother Mrs J. Kooijenga, and to the memory of
my grandfather, Mr O. Kooijenga, my inspirational sister Sakeena, my two brothers
Yousif and Mamoun, and finally a special thank you to Daddy Doc Omer.
J.O.Y.E.
To my son Mamoun and to the memory of his mother Fatmata Binta Elagab (née
Turay) LL.B., LL.M. (Lond) of Grays Inn, Barrister-at-Law. And also to the
memory of my sister Asha Yousif Elagab.
This book is also dedicated to my learned friend H.E. Nasser bin Hammad M.
Al-Khalifa LL.M, City University London, Ambassador Extraordinary and
Plenipotentiary of the State of Qatar in Washington D.C.
O.Y.E.
ACKNOWLEDGEMENTS
Grateful acknowledgment is made for permission to reprint copyright material, and in
particular to the following to reprint material from the sources indicated.
The publishers would like to thank the United Nations, for permission to use:
S/RES/1618(2005), S/RES/1617(2005), S/RES/1611(2005), S/RES/1566(2004),
S/RES/1540(2004), S/RES/1535(2004), S/RES/1530(2004), S/RES/1526(2004),
S/RES/1516(2003), S/RES/1465(2003), S/RES/1456(2003), S/RES/1455(2003),
S/RES/1452(2002), S/RES/1450(2002), S/RES/1440(2002), S/RES/1438(2002),
S/RES/1377(2001), S/RES/1373(2001), S/RES/1368(2001), S/RES/1363(2001),
S/RES/1333(2000), S/RES/1269(1999), S/RES/1267(1999), S/RES/1214(1998),
S/RES/1189(1998), S/RES/1054(1996), S/RES/1044(1996), S/RES/731(1992),
S/RES/748(1992), S/RES/635(1989), S/2001/1232, S/2002/787, S/2003/264, S/2004/157,
2/2001/1220, 2/2002/674, S/2004/296, S/2001/1284, S/2001/11284/Add.1, S/2002/887,
S/2003/839, S/2001/1297, S/2002/928, S/2002/34, A/RES/60/58, A/RES/60/78, A/RES/
60/73, A/RES/60/43, A/RES/59/290, A/RES/59/195, A/RES/59/191, A/RES/59/80,
A/RES/59/46, A/RES/58/187, A/RES/58/174, A/RES/58/81, A/RES/58/48, A/RES/57/
220, A/RES/57/219, A/RES/57/83, A/RES/57/27, A/RES/56/160, A/RES/56/88,
A/RES/56/1, A/RES/55/158, A/RES/54/164, A/RES/54/110, A/RES/54/109, A/RES/
53/108,A/RES/52/165, A/RES/52/133, A/RES/51/210, A/RES/50/186, A/RES/50/53,
A/RES/49/185, A/RES/49/60, A/RES/48/122, A/RES/46/51, A/RES/44/29, A/RES/42/
159, A/RES/40/61, A/RES/39/159, A/RES/38/130, A/RES/36/109, A/RES/34/145,
A/RES/32/147, A/RES/31/102, A/RES/3034(XXVII), E/RES/2002/19, E/CN.4/RES/
2004/87, E/CN.4/RES/2004/44, E/CN.4/RES/2002/35, E/CN.4/RES/2001/37, E/CN.4/
RES/2001/18, E/CN.4/RES/2000/30, E/CN.4/RES/1999/27, E/CN.6/RES/36/7,
E/CN.4/Sub.2/RES/2002/24, E/CN.4/Sub.2/RES/2001/18, E/CN.4/Sub.2/RES/1999/26,
Tokyo Convention on Offences and Certain Other Acts Committed on Board Aircraft
(1963), Hague Convention for the Suppression of Unlawful Seizure of Aircraft (1970),
Montreal Convention for the Suppression of Unlawful Acts Against the Safety of Civil
Aviation (1971), Montreal Protocol on the Suppression of Unlawful Acts of Violence
at Airports Serving International Civil Aviation (1971), Convention on the Prevention
and Punishment of Crimes Against Internationally Protected Persons, Including
Diplomatic Agents (1973), International Convention Against the Taking of Hostages
(1979), Vienna Convention on the Physical Protection of Nuclear Material (1980),
Rome Convention for the Suppression of Unlawful Acts against the Safety of
vii
ACKNOWLEDGEMENTS
Maritime Navigation (1988), Rome Protocol for the Suppression of Unlawful Acts
against the Safety of Fixed Platforms Located on the Continental Shelf (1988), Mon-
treal Convention on the Marking of Plastic Explosives for the purpose of detection
(1991), International Convention for the Suppression of Terrorist Bombings (1997),
International Convention for the Suppression of the Financing of Terrorism (1999)
The publishers would like to thank the African Union, for permission to use:
OAU Convention on the Prevention and Combating of Terrorism (1999), AU’s Deci-
sion on the Elaboration of a Code of Conduct on Terrorism (2001), AU’s Decision of
Terrorism in Africa (2002), AU’s Decision on the Report of the Interim Chairperson
on the Draft Protocol to the AU Convention on the Prevention and Combating of
Terrorism.
The publishers would like to thank The Arab League, for permission to use:
Convention for the Suppression of Terrorism (1998), Recommendations on Arab
Regional Symposium on Combating Terrorism, Cairo, Egypt (2005)
The publishers would like to thank the Association of Southeast Asian Nations, for
permission to use:
ASEAN Declaration on Joint Action to Counter Terrorism (2001), ASEAN-EU Joint
Declaration on Co-operation to Combat Terrorism (2003), ASEAN Efforts to Counter
Terrorism.
The publishers would like to thank the Organisation of American States, for permis-
sion to use:
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
(1971), Inter-American Convention Against Terrorism (2001)
The publishers would like to thank the Organisation of the Islamic Conference, for
permission to use:
Treaty on Cooperation among the States Members of the Commonwealth of
Independent States in Combating Terrorism (1999), Convention on Combating Inter-
national Terrorism (1999)
The publishers would like to thank the South Asian Association for Regional Co-
operation, for permission to use:
SAARC Regional Convention on Suppression of Terrorism (1987)
The publishers would like to thank the Council of Europe, for permission to use:
viii
ACKNOWLEDGEMENTS
European Convention on Extradition (13 December 1957), European Convention on
Mutual Assistance in Criminal Matters (20 April 1959), First Additional Protocol to
the European Convention on Extradition (15 October 1975), European Convention on
the Suppression of Terrorism (27 January 1977), Second Additional Protocol to the
European Convention on Extradition (17 March 1978), European Democracies Facing
up to Terrorism Recommendation 1426 (1999) (23 September 1999), Parliamentary
Assembly Democracies Facing Terrorism Recommendation 1534 (2001) (26 September
2001), Parliamentary Assembly Democracies Facing Terrorism Resolution 1258 (2001)
(26 September 2001), Declaration of the Committee of Ministers on the Fight Against
International Terrorism (12 September 2001), Council of Europe/European Union:
Joint Action Against Terrorism Agreed at Quadripartite Meeting (20 November 2001),
Parliamentary Assembly Combating Terrorism and Respect for Human Rights
Resolution 1271 (2002), Fight Against Terrorism : No Extradition if the Death
Penalty is Sought (24 January 2002), St Petersburg Final Declaration on Combating
Terrorism (28 March 2002), Communiqué of the 110th Session of the Committee
of Ministers (3 May 2002), Council Common Position on the application of specific
measures to combat terrorism (17 June 2002), Parliamentary Assembly Need
Intensified International Co-operation to Neutralise Funds For Terrorism Purposes
(18 November 2002), Protocol Amending the European Convention on the Sup-
pression of Terrorism (15 May 2003), Parliamentary Assembly Terrorism: A Threat
to Democracies Recommendation (29 January 2004), Convention on the Prevention of
Terrorism (May 2005)
The publishers would like to thank the Organisation for Security and Co-operation in
Europe, for permission to use:
MC(10).JOUR/2, Annex 1, MC.DEC/7/03, MC.DEC/6/03
The publishers would like to thank the Congressional Research Service, for permission
to use:
CRS Report for Congress the USA Patriot Act: Sketch, Joint Inquiry into Intelligence
Community Activities Before and After the Terrorist Attacks of September 11,2001
The publishers would like to thank the Financial Action Task Force, for permission to
use:
Money Laundering & Terrorist Financing Typologies 2004-5, FATF on Money Laun-
dering: The Forty Recommendations, FATF Special Recommendations on Terrorist
Financing, Sharing of Financial Records between Jurisdictions in Connection with the
Fight against Terrorist Financing
The publishers would like to thank the Scottish Courts, for permission to use:
The Judgement of the High Court of Justiciary at Camp Zeist, Synopsis of the Opin-
ion of the Appeal Court in the Appeal against Conviction of Abdelbaset Ali
Mohamed Almegrahi
ix
