Responding to Terrorism: What Role for the United Nations?

Responding to Terrorism: What Role for the United Nations?

International Peace Academy Responding to Terrorism: What Role for the United Nations? 25-26 OCTOBER 2002 CHADBOURNE & PARKE, NEW YORK CITY Acknowledgements International Peace Academy gratefully acknowledges the generous funding of the MacArthur Foundation and the Government of the Kingdom of the Netherlands. IPA also wishes to thank Chadbourne & Parke and its staff for making their New York facilities available for convening the conference. ”RESPONDING TO TERRORISM: WHAT ROLE FOR THE UNITED NATIONS?” Table of Contents Introduction, by John Hirsch. 1 Executive Summary . 4 Concept Paper, by William O’Neill . 5 Conference Report, by William O’Neill . 18 The Global Phenomenon of Terrorism, by Martha Crenshaw . 27 Terrorism in the South Before and After 9/11: An Overlooked Phenomenon, by Rohan Gunaratna . 32 The Challenges of the Rage of Empowered Dispossessed: The Case of the Muslim World, by Farhang Rajaee . 35 Beyond September 11: Structural Causes of Behavioral Consequences of International Terrorism, by Mwesiga Baregu. 40 Terrorism and Inequality, by Francisco Gutiérrez . 45 International Humanitarian Law, the Prohibition of Terrorist Acts, and the Fight Against Terrorism, by Hans-Peter Gasser. 49 Conference Agenda. 53 List of Participants . 57 About the Project Contents ”RESPONDING TO TERRORISM: WHAT ROLE FOR THE UNITED NATIONS?” Introduction Academy therefore undertook two initiatives as part of its “The United Nations and International Te r r o r i s m ” The attacks on the World Trade Center and the project, directed by Ambassador John Hirsch. The first Pentagon on 11 September 2001 have focused attention entailed active participation in the Policy Wo r k i n g on the issue of international terrorism as an urgent Group referred to above, the objective of which was to matter for the United Nations. The Security Council develop recommendations for the Secretary-General to responded promptly on 12 September 2001, with an design a more integrated and effective United Nations unequivocal condemnation of the terrorist attacks in response, bringing together the diffuse elements of the UNSC Resolution 1368, and on 28 September 2001, Secretariat into a more focused approach. IPA with the adoption of UNSC Resolution 1373, a organized two workshops bringing outside experts landmark resolution which obligated all member states, together with the members of the Policy Wo r k i n g under Chapter VII of the United Nations Charter, to Group in developing the major themes of the report. take specific actions to combat terrorism. The second initiative was the organization of the UNSC Resolution 1373 created for the first time Conference on “Responding to Terrorism: What Role for uniform obligations for all 191 member states in the United Nations?” which was held at the offices of responding to terrorism, going beyond the twelve Chadbourne & Par k e LLP in New York City on 25–26 international treaties that bind only those that accede October 2002. It was our particular interest to ensure to them. It specifically requires all member states to the active participation of speakers from the developing deny all forms of financial support for terrorist world in sharing their perspectives, often overlooked in groups; to suppress the provision of safe haven, the Western policy dialogue on terrorism, with officials sustenance, or support for terrorists; and to share and diplomats based in New York. Representative voices with other governments information about any from Sri Lanka, Colombia, Tanzania, and Iran, as well groups practicing or planning terrorist attacks. It bars as prominent researchers in the field of terrorism from active and passive assistance to governments. The Europe and the United States, interacted with senior resolution established the Counter-Te r r o r i s m officials from the UN Secretariat, Pe r m a n e n t Committee, chaired by UK Ambassador Sir Jeremy Representatives, and leading academics and NGOs. Greenstock, to assist member states in developing the legal, political, and operational capacity to carry out The conference focused on several key issues, particu- their responsibilities under this resolution. At the larly: a) the overlooked phenomenon of terrorism in same time, the Secretary-General established a Po l i c y “the [global] South”; b) the manipulation and misuse of Working Group under the chairmanship of Under religion; c) an exploration of the root causes of Secretary-General Sir Kieran Prendergast, of the UN terrorism, and what connection there is, if any, Department of Political Affairs, to review existing between underdevelopment, poverty, and terrorism; d) United Nations programs and to develop new the need to uphold human rights standards in the fight proposals. The recommendations of the Po l i c y against terrorism; and e) the importance of strength- Working Group were presented to the Security ening the regulatory framework to prevent illegal Council and the General Assembly on 10 September manipulation of the international financial system to 2002, in conjunction with the memorial commemora- fund and support terrorist networks. IPA commissioned tion of the World Trade Center attacks. papers for this conference, six of which, together with the Concept Paper and Conference Report prepared by In this context, the International Peace Academy (IPA ) , our consultant, William G. O’Neill, form the basis of supported by the MacArthur Foundation and the this report. Government of the Kingdom of the Netherlands, sought to explore ways in which it could assist the Challenges to the United Nations United Nations Secretariat and the Security Council, and more broadly, the United Nations community, to The Conference identified a number of key challenges respond to the complex challenges of international to the United Nations in recognition of its unique terrorism. During 2002, the International Pe a c e position as a multilateral institution with near-universal Introduction 1 ”RESPONDING TO TERRORISM: WHAT ROLE FOR THE UNITED NATIONS?” majority of people, who continue to live in conditions of exclusion and marginalization. Three of these papers (by Martha Crenshaw, Rohan Gunaratna, and Farhang Rajaee) focus primarily on the Muslim world’s complex relationship with the West, while the other three papers (by Francisco Gutiérrez, Mwesiga Baregu, and Hans- Peter Gasser) address broader structural and legal considerations in the contemporary world. Martha Crenshaw, whose paper reviews the origins of modern terrorism in the late 1960s and early 1970s, contends that international terrorism since that time is closely linked to specific civil conflicts, particularly in David M. Malone, President, International Peace Academy and the Middle East, and characterizes Al Qaeda as an Sir Kieran Prendergast, UN Department of Political Affairs amalgamation of autonomous groups with local grievances who are bound together by appeals to participation, and the high regard in which Secretary- Islamic history and religion and global anti- General Kofi Annan, recipient of the 2002 Nobel Pea c e Americanism. She notes that though the use of force Prize, is held. The Conference participants, especially may be successful in the short-term as a counter- those from outside the UN system, urged the United terrorism strategy, it is unlikely that a transnational Nations to play a far stronger role than it has assumed conspiracy can be destroyed through armed combat. thus far in mobilizing governments and NGOs to deal She advocates instead that the UN encourage multilat- cooperatively with the continuing threat of interna- eral cooperation in law enforcement and intelligence tional terrorism. In particular, they urged the UN to while using “nation-building” to promote strong liberal adopt a holistic approach that integrates responsiveness states that will practice political tolerance. to the perceived and actual grievances of peoples in Africa, Asia, and Latin America with the developed Rohan Gunaratna points out the sustained criticism in world’s post-9/11 security agenda. the Muslim world of the West’s political and economic domination. The overwhelming military strength of the We believe it is particularly important to present the United States in combating terrorism—e.g., against the views of representatives from the developing world in Taliban and Al Qaeda in Afghanistan—will actually an unvarnished way. They are critical of the United increase support for Islamist groups and thus can only Nations system, and particularly of the role of the major be regarded as a temporary stopgap. As an alternative powers in shaping the approach of the Security Council to this military strategy, the United Nations should to the terrorism challenge. We believe that their views, address the profound ideological divide between the however controversial, reflect a broad segment of global North and South at the political level, while at public opinion in the developing world, and thus merit the same time facilitating enhanced intelligence the attention of the readers of this report. cooperation between North and South through a host of technical measures and personnel exchanges. In Abridged versions of six of the papers presented at the particular, the United Nations can set global norms Conference are included in this report. against international terrorism and deal with key Notwithstanding their diversity of approach and factors that spawn terrorism, including poor language, they emphasize several overarching themes governance, rampant corruption, and systematic

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