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Terrorism Offences Transport-related 5 (civil aviation and ­maritime) Terrorism Offences COUNTER-TERRORISM LEGAL TRAINING CURRICULUM UNITED NATIONS OFFICE ON DRUGS AND CRIME Vienna Counter-Terrorism Legal Training Curriculum MODULE 5 Transport-related (civil aviation and maritime) Terrorism Offences UNITED NATIONS New York, 2014 © United Nations, July 2014. All rights reserved, worldwide. The designations employed and the presentation of material in this publication 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, or concerning the delimitation of its frontiers or boundaries. This publication has not been formally edited. Publishing production: English, Publishing and Library Section, United Nations Office at Vienna. ii Preface Message from the Executive Director, United Nations Office on Drugs and Crime Transportation is a key element in today’s globalized and ever-increasingly open societies. Terrorist acts involving aircraft and airports, ships and seaports, passengers, crew and cargo continue to pose a serious threat to human and national security. Effective criminal justice responses founded on a strong legal regime are essential elements for countering those civil aviation and maritime-related terrorist acts. UNODC is working closely with Member States to strengthen the capacity of national crimi- nal justice systems to implement the international legal instruments against terrorism in accordance with the rule of law and with due respect for human rights. With a high level of ratification being achieved for several of the transport-related counter- terrorism legal instruments, the challenge is to ensure that their provisions are effectively applied. To achieve this, a high level of specialized expertise and skills pertaining to these provisions is required on the part of investigators, prosecutors and judges who are called upon to handle civil aviation and maritime-related terrorism cases. UNODC has been assisting countries to acquire the required expertise and skills. An impor- tant tool in this respect are the specialized modules of the Counter-Terrorism Legal Training Curriculum. The present module on Transport-Related (Civil Aviation and Maritime) Terrorism Offences concerns 12 of the 19 international conventions and protocols against terrorism. Its purpose is to help increase understanding of their provisions and assist Governments to effectively implement them. I am pleased to place at the disposal of our stakeholders this new module as yet another useful tool and contribution of UNODC in the global effort to counter the menace of terrorism. Yuri Fedotov Executive Director United Nations Office on Drugs and Crime iii Message from the Secretary General, International Civil Aviation Organization I wish to congratulate the United Nations Office on Drugs and Crime (UNODC) for the publication of Counter Terrorism Legal Training Module on the Transport related Terrorism Offences. Civil aviation has been, and continues to be, a vulnerable and highly attractive target for terrorists. To confront with these attacks and threats, it has been a top priority of the Inter- national Civil Aviation Organization (ICAO) and its member States to ensure the implemen- tation of sustainable aviation security measures worldwide. As a part of ongoing efforts to protect civil aviation security and to combat terrorism, eight international conventions and protocols have been developed under the auspices ICAO. These instruments form a part of the 19 worldwide treaties on counter terrorism adopted within the United Nations system. ICAO has also developed international standards, recommended practices, and guidance material to safeguard civil aviation against acts of unlawful interference. Some of the legal instruments adopted under the auspices of ICAO have been most widely accepted by the international community. Some of the more newly adopted treaties will still require more ratifications by States. In this context, the development of this module is very timely and significant, not only to ensure the uniform application and implementation of these legal instruments, but also to promote the entry into force of the new treaties. On behalf of ICAO, I would like to take this opportunity to thank the UNODC for this impor- tant initiative, and for inviting ICAO to participate in this work. I am confident that this module will assist States to strengthen their capacity to prevent and combat terrorism, and to reinforce the global chain of aviation security as a whole. Raymond Benjamin Secretary General International Civil Aviation Organization iv Message from the Secretary-General, International Maritime Organization While the probability of an act of maritime terrorism might be low in many parts of the world, its consequences could be devastating. The media frequently refers to the risks of a terrorist group using a ship to transport the materials needed for a “dirty bomb” or using the ship as the weapon itself. To counter these risks and consequences, and to create a deter- rent for those who might commit an act of maritime terrorism, the international community has developed a comprehensive legal framework to decrease the chances of this scenario from occurring and to prosecute those who try. Two important parts of this framework are the treaties and protocols on the suppression of unlawful acts against the safety of maritime navi- gation, known as the SUA Treaties, adopted under the auspices of the International Maritime Organization (IMO) in 1988 and 2005. We should not forget, however, that our work does not stop with the adoption of new trea- ties. If the objectives of conventions are to be achieved they must be quickly and widely rati- fied, effectively implemented and aggressively enforced. I therefore welcome this Counter- Terrorism Legal Training Module and I wish to express my appreciation to the United Nations Office on Drugs and Crime for this valuable initiative. From the IMO perspective, the SUA treaties form the fundamental legal regime developed to combat maritime transport-related terrorism. The prevention and suppression of terrorism, piracy and other international crimes can only be effective with a coordinated, integrated approach between nations, enforcement agencies and intergovernmental organizations. UNODC and IMO have worked closely together in developing this important training mod- ule, and I look forward to continuing that close relationship in making the most effective use of our technical cooperation resources to provide practical assistance where needed. Koji Sekimizu Secretary-General International Maritime Organization v Acknowledgements The present module on Transport-related (civil aviation and maritime) Terrorism Offences of the Counter-Terrorism Legal Training Curriculum was prepared by the Terrorism Prevention Branch (TPB) of UNODC. The present module was written by Mr. Michael De Feo, International Legal Consultant, and Ms. Fernanda Lombardi, Programme Officer in TPB, and managed by George Puthup- pally, Chief, Implementation Support Section II (Sub-Saharan Africa and Yemen) of TPB. UNODC is grateful to the International Civil Aviation Organization (ICAO) and to the International Maritime Organization (IMO) for their collaboration. UNODC also thanks the Division for Ocean Affairs and the Law of the Sea of the United Nations Secretariat (DOA- LOS) for its contributions. UNODC is grateful for the invaluable contributions of the various organizations and indi- viduals to the Module. UNODC is particularly thankful to the participants of the Experts’ Workshop for Peer Review of the Draft Module, held in Vienna in November 2013: Agustín Blanco-Bazán, International Consultant in Maritime Law Lisa Clark, Legal Adviser on Aviation and Competition, General Counsel’s Office, Depart- ment for Transport, United Kingdom Hasjim Djalal, Senior Advisor, Ministry for Maritime Affairs and Fisheries, Indonesia Simon C. Egede, Acting Director, Department of Public Prosecutions of the Federation, Nigeria Jiefang Huang, Senior Legal Officer, Legal Affairs and External Relations Bureau International Civil Aviation Organization (ICAO) Natalie Klein, Professor and Dean of Law, Macquarie Law School, Macquarie University, Australia Maxim N. Klepov, Counsellor, Ministry of Interior of the Russian Federation in Austria, Russian Federation Greg Koster, Counsel, Criminal Law Policy Section, Department of Justice, Canada Yan Ling, Professor, School of International Law, China University of Political Science and Law, China Dorota Lost, Senior Legal Officer, Legal Affairs and External Relations Division, International Maritime Organization (IMO) Panagiotis Maniatis, Prosecutor, Public Prosecutor’s Office of Piraeus, Greece Joseph Joel Okwalinga, Senior Legal Advocate, Manager Legal Services, Civil Aviation Authority, Uganda vii Sandra Orus, Deputy Director, Legal Affairs on Civil Aviation, France Piotr Rychlik, Professional Diplomat, Legal and Treaty Department, Ministry of Foreign Affairs, Poland Ramesh Kumar Suman, Director (Internal Security), Ministry of Home Affairs, India Siew Huay Tan, Director (Legal), Civil Aviation Authority of Singapore, Singapore Safiye Tecen, Marine Expert, Directorate General of Merchant Marine, Turkey José Valdez, Legal Director, Dominican Civil Aviation Institute, Dominican Republic Marissa Vallarino, Lawyer, Vice-Presidency of Legal Affairs, Panama Canal Authority, Panama
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