Frequently Asked Questions on International Law Aspects of ...

1 Frequently Asked Questions onInternational Law Aspects of Countering TerrorismVienna International Centre, PO Box 500, 1400 Vienna, Austria Tel.: (+43-1) 26060-0, Fax: (+43-1) 26060-5866, in April 2009 500 FOR UNITED NATIONS USE ONLY*0981183*UNITED NATIONS OFFICE ON DRUGS AND CRIMEV iennaFrequently Asked Questions on International Law Aspects of Countering TerrorismUNITED NATIONSNew York, 2009 This document has not been formally designations employed and the presentation of the material in this document do not imply the expression of any opinion whatsoever on the part of the Secretariat of the United Nations concerning the legal status of any country, territory, city or area or of its authorities.

2 Or concerning the delimitation of its frontiers or boundaries. AcknowledgementsThis Handbook has been fi nalized drawing on texts prepared by Susie Alegre under a con-sultancy contract for the United Nations Offi ce on Drugs and Crime (UNODC).This publication has been fi nanced drawing on funds provided by the following countries, which have made voluntary contributions to UNODC s Global Project on Strengthening the Legal Regime against terrorism : Austria, Belgium, Canada, Colombia, Denmark, France, Germany, Greece, Italy, Japan, Liechtenstein, Monaco, Netherlands, New Zealand, Norway, Spain, Sweden, Switzerland, Turkey, the United Kingdom of Great Britain and Northern Ireland, and the United States of publication is designed to provide a brief overview of the broader International law framework in which counter- terrorism works.

3 It is a short introduction which aims to give a quick insight into the general principles of International law as well as the basic elements of International criminal law, humanitarian law, refugee law and human rights law which may be relevant in a counter- terrorism context. The publication is broken down into fi ve sections:Basics of International law International criminal law, including International cooperation in criminal law mattersInternational law on the use of force and International humanitarian law International refugee law International human rights law Each section looks at the relevance of the fi eld of law to counter- terrorism .

4 Sets out the main sources of the law and relevant International bodies before explaining briefl y how the law works in format of the publication provides short answers to many of the Questions about inter-national law Frequently Asked during UNODC/TPB training workshops and other technical assistance activities. It is written in simple language and sets out the fundamentals of inter-national law without exploring the more complex debates and arguments that exist in relation to International law and its relation to terrorism in particular. The publication thus does not attempt to cover all issues related to the International legal framework of counter- terrorism with the same weight.

5 Some issues, which typically generate more Questions , are dealt with in more detail. The publication should not be seen as an academic work and the format with minimal references refl ects its practical introductory nature. International law and its applica-tion in a terrorism -related context is the subject of many publications and of a series of in-depth analyses produced by the United Nations Offi ce on Drugs and Crime (UNODC). This should be seen as a springboard to more in-depth analysis of the issues which can be found in a number of other tools and publications produced by the very nature of this publication as a general introduction, its content does not refl ect authoritative substantive positions of the various United Nations entities.

6 A See .. iiiAbbreviations .. viiiIntroduction: how do different bodies of International law relate to terrorism ?.. 11. Selected issues related to International law .. 3 Why is International law important in counter- terrorism ? .. 3 Sources of International law.. 3 Where does International law come from? .. 3 What are the key elements of the law of Treaties? .. 4 What is customary International law?.. 9 What are the general principles of law? .. 11 Subsidiary sources of law where else can International law be found?

7 11 What is meant by soft law? .. 13 What are the legal effects of Security Council resolutions? .. 14 The United Nations and counter- terrorism .. 14 What are the key United Nations institutions active in the fi eld of counter- terrorism ? .. 14 What are the key elements of the United Nations legal framework in the fi eld of counter- terrorism ? .. 25 Regional and subregional responses to terrorism .. 342. International criminal law, including International cooperation in criminal matters 37 Prosecution of delicta juris gentium and terrorism .

8 37 Who can be prosecuted for delicta juris gentium? .. 38 Where can delicta juris gentium be prosecuted? .. 38 Is there a sui generis crime of terrorism in International criminal law? .. 41 Can terrorist acts fall within the categories of war crimes, crimes against humanity or genocide ? .. 41vi International cooperation in criminal matters and terrorism .. 44 Jurisdiction: What bases can national courts use to establish jurisdiction over crimes of International concern?

9 44 Extradition: What is extradition and how is it dealt with under International law? .. 45 What is mutual legal assistance and how is it dealt with under International law? .. 593. International law on the use of force (jus ad bellum) and International humanitarian law (jus in bello) .. 63 Law on the use of force (jus ad bellum) .. 63 Can terrorism justify the use of force? .. 63 International humanitarian law.. 64 What principles of International humanitarian law are relevant in relation to countering terrorism ?

10 64 Where does International humanitarian law come from? .. 65 Who monitors International humanitarian law? .. 66 When and where does International humanitarian law apply?.. 66 What is allowed under the laws of war?.. 67 What are the minimum guarantees set out under International humanitarian law?.. 68 How does International humanitarian law refer to terrorism ? .. 694. International refugee law .. 71 Where is International refugee law found and what Aspects of International refugee law are relevant to counter- terrorism ?