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Sixth Committee (Legal) — 78th session

Measures to eliminate international terrorism (Agenda item 109)

Documentation

Additional documents from previous sessions:

Summary of work

Background (source: )

The item entitled “Measures to prevent international terrorism which endangers or takes innocent human lives or jeopardizes fundamental freedoms, and study of the underlying causes of those forms of terrorism and acts of violence which lie in misery, frustration, grievance and despair and which cause some people to sacrifice human lives, including their own, in an attempt to effect radical changes” was included in the agenda of the twenty-seventh session of the General Assembly further to an initiative of the Secretary-General (, and ). At that session, the Assembly decided to establish the Ad Hoc Committee on International Terrorism, consisting of 35 members (resolution ).

The Assembly had the item on its agenda at its thirty-first session and biennially from its thirty-second to forty-eighth sessions and has had the item on its agenda annually since then, changing its title to “Measures to eliminate international terrorism” at its forty-sixth session (resolutions , , , , , , (International Convention against the Taking of Hostages), , , , , , , (Declaration on Measures to Eliminate International Terrorism), , (Declaration to Supplement the 1994 Declaration on Measures to Eliminate International Terrorism), (International Convention for the Suppression of Terrorist Bombings), , , (International Convention for the Suppression of the Financing of Terrorism), , , , , , , (International Convention for the Suppression of Acts of Nuclear Terrorism), , , , , , , , , , , , , , , , , and and decision 48/411).

At its fiftieth session, the Assembly requested the Secretary-General to submit an annual report on the implementation of paragraph 10 of the Declaration on Measures to Eliminate International Terrorism (resolution ).

At its fifty-first session, the Assembly established an ad hoc committee 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 (resolution ).

At its fifty-fourth session, the Assembly decided that the ad hoc committee should also address the question of convening a high-level conference under the auspices of the United Nations to formulate a joint organized response of the international community to terrorism in all its forms and manifestations (resolution ).

At its seventy-seventh session, the Assembly allocated the item to the Sixth Committee, where statements in the debate were made by 82 delegations (see –). The Assembly decided to recommend that the Sixth Committee, at the seventy-eighth session of the Assembly, establish a working group with a view to finalizing the process on the draft comprehensive convention on international terrorism as well as discussions on the item included in its agenda by resolution concerning the question of convening a high-level conference under the auspices of the United Nations, recognized the valuable dialogue and efforts of Member States towards resolving any outstanding issues, and encouraged all Member States to redouble their efforts during the intersessional period (resolution ).

Consideration at the seventy-eighth session

The Sixth Committee considered the item at its 1st, 2nd, 3rd, 4th, 5th, 36th and 37th meetings, on 2, 3 and 4 October and on 8 and 17 November 2023 (, , , , and ).

For its consideration of the item, the Committee had before it the report of the Secretary-General ().

Pursuant to General Assembly resolution of 7 December 2022, at its 1st meeting, on 2 October, the Committee established a working group on measures to eliminate international terrorism with a view to finalizing the process on the draft comprehensive convention on international terrorism, as well as discussions on the item included in its agenda by General Assembly resolution concerning the question of convening a high-level conference under the auspices of the United Nations. The Working Group was open to all States Members of the United Nations or members of the specialized agencies or of the International Atomic Energy Agency. The Working Group held two meetings, on 17 October and 3 November 2023. At its 36th meeting, on 8 November, the Committee heard and took note of the oral report of the Chair of the Working Group on the work of the Working Group and on the results of the informal consultations held during the current session.

Statements were made by the representatives of the Islamic Republic of Iran (on behalf of the Non-Aligned Movement), Uganda (on behalf of the African Group), Saudi Arabia (on behalf of the Organization of Islamic Cooperation), the European Union (also on behalf of its member States (the candidate countries North Macedonia, Montenegro, Serbia, Albania, Ukraine, the Republic of Moldova, and Bosnia and Herzegovina, the potential candidate country Georgia, as well as Monaco and San Marino aligned themselves with the statement)), Cambodia (on behalf of the Association of Southeast Asian Nations (ASEAN)), Australia (on behalf of Canada, Australia and New Zealand (CANZ)), Latvia (on behalf of Estonia, Latvia, Lithuania), Singapore, Brazil, the United States of America, Guatemala, the Islamic Republic of Iran, Israel, Ecuador, Denmark (on behalf of the Nordic Group), Bangladesh, Sri Lanka, Senegal, Ukraine, Mexico, the United Kingdom of Great Britain and Northern Ireland, Argentina, Saint Vincent and the Grenadines (on behalf of Community of Latin American and Caribbean States (CELAC)), the Bolivarian Republic of Venezuela (on behalf of Group of Friends in Defence of the Charter of the United Nations) [in English], Jordan, Honduras, Costa Rica, Egypt, the Philippines, Thailand, Pakistan, Sudan, Qatar, Viet Nam, the Russian Federation [in English], Cameroon, Ghana, Cuba, El Salvador, Indonesia, South Africa, Nigeria, Nepal, Burkina Faso, Maldives, Lebanon, Oman, Equatorial Guinea, Mongolia, the Plurinational State of Bolivia, Eritrea, 罢ü谤办颈测别, Sierra Leone, China, Tunisia, the Democratic People's Republic of Korea, the Syrian Arab Republic, C?te d'Ivoire, the Congo, the Republic of Korea, Mali, Uganda, Djibouti, the Lao People's Democratic Republic, Haiti, Uruguay, Malaysia, India, Peru, Saudi Arabia, Azerbaijan, the Dominican Republic, Iraq, Albania, Morocco, the United Arab Emirates [in English], Ethiopia, Bahrain, Algeria, Yemen, Niger, Kenya, Georgia, Mozambique, Togo, Armenia, Malawi, Cabo Verde, Paraguay, Nicaragua and Mauritania. Statements were also made by the observers for the State of Palestine, the Holy See, as well as the International Committee of the Red Cross (ICRC). The representatives of India, Pakistan, Israel, Azerbaijan, Armenia and the State of Palestine spoke in the exercise of the right of reply.

Delegations generally welcomed the Secretary General’s report on “Measures to eliminate international terrorism” (). Delegations reiterated their unequivocal condemnation of terrorism in all its forms and manifestations, underlining that acts of terrorism constituted a serious threat to , international peace and security and the rule of law, as well as to the territorial integrity and ?stability of States. It was also noted that terrorism had adverse consequences on economic and social development, as well as sustainable development. Several delegations emphasized that terrorism should not be associated with any specific religion, culture, ethnicity, race, nationality or civilization, and that it should be distinguished from the right of peoples to self-determination and their legitimate struggle against colonial and racist regimes or other forms of alien domination and foreign occupation, recalling in that respect General Assembly resolution .

Delegations generally underlined the importance, while countering terrorism, of a strict observance of the Charter of the United Nations as well of as other rules of international law, including human rights law, international refugee law and international humanitarian law. Delegations also reiterated the need to respect the sovereignty, territorial integrity and political independence of all States in accordance with the Charter of the United Nations. Respect for the rule of law in that regard was also emphasised. Delegations also reaffirmed their commitment to strengthening cooperation at the international, regional, sub regional and domestic levels as well as partnerships with and within the United Nations while countering terrorism. The importance of the sharing of information and best practices was also highlighted as well as the need to prioritize capacity-building for States. Delegations highlighted their accession to and ratification of various instruments relating to counter-terrorism. Delegations also noted the implementation of various relevant instruments and Security Council resolutions in their domestic law and called upon other States to do so as well. Several delegations also provided information of their domestic legislation for combating international terrorism, as well as developments and initiatives within their regions.

Delegations highlighted initiatives to counter all forms of violent extremism. Several delegations expressed concern regarding xenophobic, extremist, and racial supremacist ideologies in relation to terrorism. While some delegations stressed the need to protect and involve civil society to counter violent extremism and terrorism, the view was also expressed that civil society should not be a substitute for intergovernmental processes.

Generally, delegations welcomed the eighth review of the United Nations Global Counter-Terrorism Strategy, underlined the importance of its implementation and expressed their commitment to its four pillars. Regret was also expressed by some delegations that there was a lack of consensus on certain elements of the Counter-Terrorism Strategy. It was recalled that the Strategy should be implemented in a balanced manner. There were also calls for more cooperation to reach consensus on essential points in the ninth review which will be held in 2026. The work of United Nations counter-terrorism entities, in particular the Office of Counter-Terrorism, the Counter-Terrorism Committee Executive Directorate and the Counter-Terrorism Centre, was commended. Delegations also welcomed the United Nations Counter-Terrorism week and the Third United Nations High-level Conference of Heads of Counter-Terrorism Agencies of Member States. Delegations expressed the need to strengthen the implementation of due process and fair and clear procedures by the sanctions committees. Support for the Ombudsperson was expressed as well as the view that the role of the Ombudsperson should be made independent and permanent to further ensure due process.

States were urged to refrain from instigating or assisting the commission of terrorist acts, including by allowing their territory to be used as a platform for individuals or terrorist organizations, or from providing safe havens in that connection. Some delegations were concerned by the use of unilateral actions against States under the pretext of combating terrorism, and some others with the impact of counter terrorism measures on humanitarian action. Delegations also called for the removal of unilateral coercive measures that could hinder counter terrorism efforts.

Several delegations expressed concern regarding the financing of terrorism and stressed the need to enhance efforts to combat terrorism financing and money laundering. In that regard, a number of delegations referred to the link between terrorist groups and international organized crime and emphasized the importance of transnational crime prevention efforts. Concern was also expressed about kidnapping and hostage-taking for ransom and delegations stressed the need to cooperate in addressing the issue of the payment of ransoms claimed by terrorist groups.

The need to take a whole-of-society approach when countering terrorism was underlined by several delegations. Some delegations also stressed the importance of addressing the root causes of terrorism and destabilizing forces such as poverty and climate change, as well as the impact of the COVID 19 pandemic. The importance of engaging women and children, as well as taking into account their specific needs was emphasized, while empowering and providing opportunities for youth was likewise viewed as crucial in the fight against terrorism. Delegations also affirmed the need to take gender-responsive approaches in counter terrorism efforts.

A number of delegations expressed solidarity with victims of international terrorism and spoke of the need to engage them. Delegations also welcomed the first Global Congress of Victims of Terrorism.

Several delegations voiced their concern regarding the abuse of the internet and new technologies by terrorist groups, including the use of artificial intelligence, social media, drones and cryptocurrency. The need to regulate the cyberspace was highlighted. Concern over the threat posed by foreign terrorist fighters was stressed by several delegations. The need to cooperate to find a solution to the problem of repatriation and reintegration of families of foreign terrorist fighters was also emphasized.

Delegations reaffirmed their support for the negotiation and successful conclusion of the draft comprehensive convention on international terrorism and the necessity to accelerate the finalization of consensus on the outstanding issues. In this regard, some delegations mentioned the importance of negotiating an internationally agreed definition of terrorism. Some delegations noted that any definition of terrorism should distinguish terrorism from the right of peoples to self-determination and their legitimate struggle against colonial and racist regimes or other forms of alien domination and foreign occupation. Some delegations stressed that an indefinite postponement of negotiations on the draft comprehensive convention was not justified and called States to exhibit compromise and flexibility. The view was also expressed that the current global landscape does not yet provide the necessary conditions for the successful elaboration of ?a convention. Several delegations reaffirmed their support for the proposal to convene a High-level Conference under the auspices of the United Nations to contribute to finalizing the outstanding issues with respect to the draft comprehensive convention, while others noted that the focus should remain on finalizing the negotiations on the draft convention.

Archived videos and summaries of plenary meetings

Video    (2 October 2023, 10:00am – 1:00pm) | Summary

Video    (2 October 2023, 3:00pm – 6:00pm) | Summary

Video    (3 October 2023, 11:30am – 1:00pm) | Summary

Video    (3 October 2023, 3:00pm – 6:00pm) | Summary

Video    (4 October 2023, 10:00am – 1:00pm) | Summary

Video    (8 November 2023, 10:00am – 11:30am) | Summary

Video    (17 November 2023, 10:00am – 1:00pm) | Summary

Action taken by the Sixth Committee

At the 37th meeting, on 17 November, the representative of Canada, on behalf of the Bureau, introduced a draft resolution entitled “Measures to eliminate international terrorism” (). At the same meeting, the Committee adopted draft resolution without a vote.

Under the terms of the draft resolution, the General Assembly would, inter alia, recall the organization by the Office of Counter-Terrorism of the third United Nations High-level Conference of Heads of Counter-Terrorism Agencies of Member States, held in New York on 19 and 20 June 2023, as part of the third Counter-Terrorism Week at the United Nations, held from 19 to 23 June 2023. It would also recall the pivotal role of the General Assembly in following up the implementation and the updating of the United Nations Global Counter-Terrorism Strategy. In addition, it would recommend that the Sixth Committee, at the seventy-ninth session of the General Assembly, establish a working group with a view to finalizing the process on the draft comprehensive convention on international terrorism as well as discussions on the item included in its agenda by Assembly concerning the question of convening a high-level conference under the auspices of the United Nations. The General Assembly would also recognize the valuable dialogue and efforts of Member States towards resolving any outstanding issues, and it would encourage all Member States to redouble their efforts during the intersessional period.

Subsequent action taken by the General Assembly

This agenda item will be considered at the seventy-ninth session (2024).

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