CYIL 2012

THE ACTIVITIES OF THE SIXTH COMMITTEE DURING THE 66 TH SESSION … Committee established pursuant to GA resolution 51/210 49 in 1996 (hereinafter the “Ad Hoc Committee”). The Ad Hoc Committee was founded “to elaborate an international convention for the suppression of terrorist bombings and, subsequently, an international convention for the suppression of acts of nuclear terrorism, to supplement related existing international instruments, and thereafter to address means of further developing a comprehensive legal framework of conventions dealing with international terrorism”. 50 The two above-stated counter-terrorism conventions were drafted by the Ad Hoc Committee and adopted by the GA in 1997 51 and in 2005, 52 respectively. The only remaining raison d’être of the Ad Hoc Committee is, therefore, the finalization of the CCIT. In this context, India submitted to the Sixth Committee a working document containing the complete draft CCIT in 2000. 53 In the subsequent years, the draft CCIT was further developed on the basis of this document and other counter-terrorism conventions. 54 On the understanding that “nothing is agreed, until everything is agreed”, some difficult issues in the negotiations have already been resolved, such as the definition of the crime of terrorism contained in Article 2 thereof. This provision lists the prohibited conduct (actus reus) , including “death or serious bodily injury to any person”, and defines the specific intent (mens rea) as follows: “when the purpose of the conduct, by its nature or context, is to intimidate a population, or to compel a Government or an international organization to do or to abstain from doing any act”. 55 Another complicated question was how to cover the relationship between the CCIT and other counter-terrorism conventions that are already in force. The solution set out in Article 4 is the general interpretation rule lex specialis derogat legi generali , according to which “a treaty dealing with a specific category of terrorist offence” prevails over the CCIT. 56 In spite of these achievements, there are still a few so-called “outstanding issues” that present a major obstacle to the adoption of the CCIT. The most difficult “outstanding issues” are linked with the relationship between the international humanitarian law (hereinafter the “IHL”) and the CCIT, which is supposed to be regulated in Article 3 thereof (former Article 18). Currently, there are three proposals under consideration. The first one – prepared by the Australian coordinator, Mr. Richard Rowe, in 2002 – is called the “2002 proposal” and 49 Resolution of the GA No. 51/210 of December 12, 1996, UN Doc. A/RES/51/210. 50 Id. , op. para. 9. 51 International Convention for the Suppression of Terrorist Bombings, Resolution of the GA No. 52/164 of December 15, 1997, UN Doc. A/RES/52/164. 52 International Convention for the Suppression of Acts of Nuclear Terrorism, Resolution of the GA No. 59/290 of April 13, 2005, UN Doc. A/RES/59/290. 53 Draft Comprehensive Convention on International Terrorism, Working document submitted by India, UN Doc. A/C.6/55/1. 54 The latest version of the draft CCIT can be found in the annex of the 2010 Report of the Working Group of the Sixth Committee, together with the texts of the alternative proposals of the key provisions: Measures to eliminate international terrorism, Report of the Working Group, UN Doc. A/C.6/65/L.10.

55 Id. , p. 6. 56 Id. , p. 7.

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