Chapter 2: Terrorism
33
Crime (CATOC)
106
exemplifies this connection between terrorism and organised
crime, but despite the acknowledged and manifest links between the two,
107
the
insertion of terrorist acts in the definition of organised crime was finally avoided.
Nonetheless, some groups such as the Colombian FARC and the Taliban, who at the
time sheltered Al-Qaeda in Afghanistan, were known to cultivate and traffic illicit
narcotic substances.
108
In other instances, terrorists had formed alliances with
organised criminal rings in order to conduct trafficking of arms, drugs and women,
launder illicit proceeds and infiltrate legitimate banking and commercial markets.
Council Resolution 1333 determined that proceeds from narcotics strengthened the
Taliban’s capacity in harbouring terrorists and imposed a sanctions regime.
109
In January 2000, the General Assembly of the UN opened for signature an
International Convention for the Suppression of the Financing of Terrorism.
110
This
Convention makes it an offence to directly or indirectly, unlawfully and wilfully:
provide or collect funds with the intention or knowledge they are used, in full or in
part, to carry out acts described in the various anti-terrorist conventions; commit
other criminal acts with the aim of intimidating a population; or compel a government
to do or abstain from a certain act.
111
The Convention establishes a distinct offence of
terrorist financing, which is constituted by ‘directly or indirectly, unlawfully and
willfully provid[ing] or collecting] funds with the intention that they should be used
or in the knowledge that they are to be used, in full or in part’, in order to carry out
an offence described in any one of the nine counter-terrorist treaties, or to commit
any other violent act with the intent of intimidating a population or of compelling a
government to act in a certain way.
112
While the criminalisation of funding of acts
falling within the ambit of previous counter-terrorist treaties requires ratification of
those treaties by the State concerned, that is not the case with regard to ‘other violent
intimidating acts’, as described in sub-para 1(b). This wide definition may well
encompass offences encountered in the nine counter-terrorist treaties. For example,
the provision of financial assistance by an individual who is a national of country A,
with the aim of kidnapping a Head of State, becomes an international offence only if
country A has ratified both the 2000 Terrorist Financing Convention and the 1973
Convention on the Prevention and Punishment of Crimes Against Internationally
105 GA Res 49/60 (9 December 1994); the Vienna Declaration and Program of Action, adopted at the
World Conference on Human Rights, emphasised that the linkage between terrorism and drug-
trafficking aims at the ‘destruction’ of human rights and democracy, UN Doc A/CONF 157/23 (14–25
June 1993).
106 40 ILM (2001), 335.
107 Second session of theAd Hoc Committee (8–12 March 1999), UN DocA/AC 254/4 Rev 1 (10 February
1999).
108 SC Res 1214 (8 December 1998).
109 SC Res 1333 (19 December 2000).
110 GA Res 54/109 (25 February 2000); see V Morris and A Pronto, The Work of the Sixth Committee at
the Fifty-Fourth Session of the UN General Assembly’, 94
AJIL
(2000), 582, p 585; see also EC Council
Recommendation of 9 December 1999 on Co-operation in Combating the Financing of Terrorist
Groups (OJ C373, 23 December 1999).
111 2000 Terrorist Financing Convention, Art 2(1). It is also an offence to participate in, organise or direct,
act in a common purpose (Art 2(5)), or attempt (Art 2(4)) any of the offences described in Art 2(1).
112 Art 2(1)(a) and (b); Art 2(d) of the 1999 Convention of the Organisation of the Islamic Conference
(OIC) on Combating International Terrorism Terrorist Convention, states,
Do'stlaringiz bilan baham: