ay in herAbstract: Development of regulations on international cooperation in combating terrorism had constantly evolved after the second world war, especially, as a result of increasing the number of air piracy cases. Thus, ONU includedterrorism among international crimes, elaborating juridical instruments (conventions, resolutions ) whit led to the adoptation of some practical measures about states cooperation for the repression of international terrorism, Romania is a signatory to these agreements also developing an own legislation that regulates the fight against terrorism.
This piece of work attempts to bring to attention to all those interested in this field, legislation whick regulates the against terrorism, internal institutions and international institutions involved in this fight and thein efficiency in eradication of the scourge that tends to expand more and more global.
Keywords: terrorism, combating terrorism, international cooperation, conventions, resolutions.
Belgium is the first country which, at the middle of the 19th century, adopted an action plan to combat terrorism, by introducing, in criminal law, the „attack clause”, making the authors of political assassinations extradite.
Developing regulations on international cooperation in combating terrorism has undergone a constant evolution after the Second World War, mostly as a result of cases of air piracy increasing. Thus, UNO included terrorism among international crimes, developing legal instruments (conventions, resolutions, etc.) that led to the adoption of practical measures regarding the cooperation of the states for the suppression of international terrorism.
Through increased efforts of several countries, the international conventions addressing issues of international terrorism have ended, Romania being a signatory to most of them. The most important of them, in chronological order, are listed here, stating that, following the terrorist attacks intensifying global alliances and collaboration protocols have multiplied considerably:
• Convention on offenses and other acts committed on aircraft’s boards (Tokyo, September 14, 1963);
• Resolution no. 2551 of 12 December 1969, entitled “Forced hijacking of civil aircraft in flight”;
• Declaration on principles of international law, adopted by the General Assembly of UNO on 24 October 1970;
• Resolution no. 2645 of UNO, of 30 November 1970;
• Convention on the criminalization of unlawful seizure of aircraft (The Hague, December 16, 1970);
• Convention on the criminalization of acts committed against the Safety of Aircraft (Montreal, September 23, 1971);
• Convention Organization of American States on the prevention and repression of acts of terrorism, which are crimes against people and acts of force, related these crimes, extortion and other acts, if they have international repercussions – is the first regional convention in signed Washington on 2 February 1971 and entered into force in 1973;
• Resolution no. 3034 of 18 December 1972 – adopted by the General Assembly O.N.U .;
• Convention on prevention and punishment of crimes against Internationally Protected Persons, including Diplomatic Agents (New York, 1973);
• Convention against the Taking of Hostages (New York, December 17, 1979);
• Resolution no. 34/145 of the General Assembly of O.N.U. – Adopted on 17 December 1979 unequivocally condemns all acts of international terrorism that endanger human lives or touch or suppress fundamental freedoms;
• The final document of the meeting in Madrid in 1980, the states participating in the Conference for Security and Cooperation in Europe;
• Convention on the Physical Protection of Nuclear Materials – Vienna, 1979;
• Resolution no. 39/159 – adopted in 1984 by the General Assembly of the United Nations Organization, refers to “the inadmissibility of the policy of state terrorism and any actions aimed at undermining state social political system in other sovereign states”;
• Resolution no. 40/161 – adopted in December 1985 by the General Assembly of UNO, after a series of terrorist acts as crimes condemns all acts, methods and practices of terrorism;
• Resolution no. 579 Security Council – adopted on 18 December 1985 at the initiative U.S. condemns hostage-taking and kidnappings of any kind;
• Resolution on combating terrorism – adopted at the meeting in Tokyo, from 4 to 6 May 1986, specifying measures to be implemented, both in international law and in terms of internal rules “against any country involved obviously in supporting terrorism international”;
• Protocol on the criminalization of acts of violence committed in airports serving international traffic, complementary to the Convention on criminalization of acts committed against the Safety of Aircraft (Montreal, February 24, 1988);
• Convention for the criminalization of acts committed against the Safety of Maritime Navigation (Rome, 10 March 1988);
• Protocol on the criminalization of acts committed against the Safety of Fixed Platforms on Continental Shelf (Rome March 10, 1988);
• Convention on the Marking of Plastic Explosives for the purpose of detection (Montreal, March 1, 1991);
• Resolution no. 46/51 O.N.U. General Assembly in December 1991;
• O.N.U. Convention criminalizing terrorist bomb attacks (New York, December 15, 1997);
• O.N.U. Convention criminalizing terrorist financing (New York, December 9, 1999);
• Resolution no. 1373/2001 Security Council O.N.U. on combating terrorism;
• Resolution no. 1540/2004 Security Council O.N.U. on non-proliferation of weapons of mass destruction;
• Amendment O.N.U. Convention on the Physical Protection of Nuclear Material (2005);
• Protocol O.N.U. Suppression of Unlawful Acts against the Safety of Maritime Navigation (2005);
• Protocol O.N.U. Suppression of Unlawful Acts against the Safety of Fixed Platforms on Continental Shelf (2005);
• International Convention for the Suppression of Acts of Nuclear Terrorism – New York, 14 September 2005
• Resolution no. 1904/2009 Security Council O.N.U. on sanctions against Al-Qaeda, Osama bin Laden and on the Taliban.
Legal regulation of the international fight against terrorism was done both at UNO and regional level Council of Europe of American States and the Arab States. Thus it was adopted in Strasbourg on 27 January 1977, the European Convention on Suppression of Terrorism.
Following the terrorist attacks of 11 September 2001 in the US, it was found activation unprecedented fight against terrorism, when countries belonging to different political systems have adopted a common attitude. Thus, at the 24th Conference of European Ministers of Justice, held on 4-5 October 2001, Moscow adopted Resolution No. 1 on combating international terrorism, condemning the terrorist attacks on the US, it reaffirms the need to combat all forms of terrorism and are invited states to support, through an effort constantly and collectively initiate the necessary steps the preparation of the rules on punishment of terrorist acts and to take urgent legal measures to be taken for this purpose. In this way, the foundations were laid for the Global Strategy antiterrorist action plan of the 192 member states – adopted in the O.N.U, on 8 September 2006, which addresses global phenomenon in the context of international cooperation relieved the political component:
• Council of Europe Convention on preventing terrorism – Warsaw, 16 May 2005;
• Council of Europe Convention on Search, Seizure and Confiscation of the underlying methodology on terrorist financing – Warsaw, May 16, 2005.
Similarly, to the countries of the Black Sea Economic Cooperation (OCEMN), intensified concerns the scope of creating a coherent legislative framework and adapted by the enactment of the following:
Carta OCEMN (Yalta, 1998);
The agreement which ended at the level of the OCEMN member country governments on cooperation in combating crime, especially the organized (Corfu, 1998)
Additional Protocol to the abovementioned Agreement on Combating Terrorism (Athens, 2004).
National regulations
The vast majority of government strategies and programs developed democratic countries in preventing and combating terrorism aimed, primarily, the following objectives: planning, prevention, deterrence and response. Enrolling in the general context of measures initiated by the international community on combating terrorism, Romania has adopted legislative and administrative measures for the protection of life, physical integrity, freedom and dignity of their citizens, representatives of foreign states and all individuals who are in the country our. Preventing and combating terrorism is carried out in accordance with international conventions on suppression of terrorism, to which Romania is a party, and in compliance with international law and domestic legislation on human rights.
Developing a legal basis: The Law 51/1991 on Romania’s national security, terrorism is classified as threats to national security. In 1992, Law 14 – the organization and functioning SRI preventing and combating terrorism has become an explicit responsibility Service. Developments since 11 September 2001 imposed update the legal framework and improving operational mechanism in preventing and combating terrorism, meaning that:
2001 – SRI has been designated by CSAT decision, the national authority in the field of counterterrorism;
2002 – CSAT approved the National Strategy for Preventing and Combating Terrorism, doctrinal document that sets strategic priorities of Romania in the field;
2002 – was created based on the Strategy, the National System for Prevention and Combating Terrorism, which includes 21 public authorities and institutions with responsibilities in the field, and whose technical coordinator is SRI;
SNPCT current operating rules are set out in a general organization and operation Protocol, which sets out general duties and responsibilities of each member. Subsequently, between SRI – as a national authority – and other institutions SNPCT States were concluded bilateral cooperation agreements governing the practical aspects of specific activities.
2004 – was approved by CSAT decision, the national terror alert;
2004 – Romanian Parliament approved Law no. 535 on preventing and combating terrorism;
2005 – it was established Antiterrorist Operative Coordination Center, SRI structure which ensures the technical coordination of SNPCT;
2006 – CSAT approved methodology counterterrorism organization and the intervention, which establishes specific procedures for managing a crisis situation terrorist);
2007 – CSAT approved the strategy of communication and information dissemination to prevent and limit the risk of a terrorist or terrorist crisis;
2008 – updated Protocol overall organization and functioning of SNPCT;
2008 – SRI has been appointed – by Law no. 146/2008 for Romania’s accession to the Treaty between Belgium, Germany, Spain, the French Republic, the Grand Duchy of Luxembourg, the Netherlands and Austria on deepening cross-border cooperation, particularly in combating terrorism, cross border crime and migration illegal signed in Prüm, May 27, 2005 – competent authority for the implementation of the Prüm Treaty, namely national contact point for exchange of information to prevent terrorist offenses and national point of contact and coordination for the armed attendants on aircraft.
The legal provision relating to technical activities to prevent and combat terrorism aims at conducting, either temporarily or permanently, on a case by case basis, in any place of the national territory exposed to threats of a complex and coherent measures and activities specific technical verification and investigation of targets of different natures and destinations, aiming detecting, neutralizing it, any terrorist threats invoice. Law no. 535/2004 defines art. 4 pt. 7 terrorist actions thus: ‘preparation, planning favoring, committing, directing, coordinating, controlling a terrorist act and any other activities after its commission, if related terrorist act “. Other laws applicable in preventing and combating terrorism in Romania are:
Law no. 21/1991 on Romanian citizenship, as amended and supplemented;
Law no. 126/1995 on the regime of explosives, as amended and supplemented;
O.U.G. no. 26/2000 on associations and foundations, as amended and supplemented;
O.U.G. no. 105/2001 on state border of Romania, as amended and supplemented;
O.U.G no. 159/2001 for the prevention and combating the financial and banking system to finance terrorist acts, which included a list of the persons and entities identified by the Committee established for the follow-up to Resolution. 1267 (1999) of the Security Council (nn GEO no. 159/2001 was repealed by art. 46 of Law 535/2004 on preventing and fighting terrorism, except Annex thereto);
Law no. 678/2001 on preventing and combating trafficking in persons, as amended and supplemented;
H.G. no. 21/2001, concerning Romania’s participation, along with Member States N.A.T.O. in the fight against international terrorism;
O.U.G. no. 194/2002 on aliens in Romania, republished;
H.G. no. 467/2002 approving the list of natural and legal persons suspected of committing or financing terrorist acts;
Law no. 656/2002 for the prevention and punishment of money laundering and the establishment of measures to prevent and combat terrorist financing as amended and supplemented;
Law no. 39/2003 on preventing and combating organized crime;
Law no. 295/2004 on the regime of weapons and ammunition, as amended and supplemented;
Law no. 302/2004 on international judicial cooperation in criminal matters, as amended and supplemented;
H.G. no. 784/2004 approving the list of natural and legal persons suspected of committing or financing terrorist acts;
H.G. no. 1272/2005 approving the list of natural and legal persons suspected of committing or financing terrorist acts.
Law no. 122/2006 on asylum in Romania, as amended and supplemented;
O.U.G. no. 202/2008 on the implementation of international sanctions.
A special effort has been made the theme of creating an appropriate legislative framework, the European standards in the field. The Criminal Code and the Criminal Procedure Code are adapted to the requirements of international agreements and are able to create conditions for combating terrorism effectively and to maintain active cooperation in this area with the European Union Member States.
For the implementation of Resolution no. 1373/2001 Security Council of the United Nations on combating international terrorism, the Romanian Government adopted the Emergency Ordinance no. 202/2008 on the implementation of international sanctions, stating that documents (Security Council resolutions of the United Nations or other acts adopted under Art. 41 of the UN Charter, regulations, decisions, common positions, joint actions and other legal instruments of the European Union, international sanctions, which are not binding, adopted in international organizations or other countries, as well as those adopted by unilateral decisions of Romania or other countries) are required in law for all authorities and public institutions in Romania, as well as for individuals or Romanian or located in Romania, according to the regulations that establish the legal status of each category of acts.
The normative act in question enshrines the implementation of international sanctions to prevent and combat terrorism in the following coordinates: – supervise the implementation of international sanctions blocking of funds is made by public authorities and institutions regulation, authorization or prudential supervision financial sector, the management structures of professions, respectively, of the National Office for preventing and combating money laundering, for individuals and legal entities in their field, as required by law in preventing and combating money laundering and terrorist financing ; – Natural or legal persons who report questionable transactions under the law of money laundering and / or terrorist financing continuous obligation to know their clients to determine whether it is in possession or controlling assets that are subject to international sanctions or belonging to or under the control of individuals;
– Ensuring the general framework for cooperation in the implementation in Romania of international sanctions to Council established inter-institutional ‘the Council, composed of representatives of the Prime Minister, Ministry of Foreign Affairs, Department for European Affairs, Ministry of Justice, Ministry of Interior, Ministry of Defence, Ministry of Economy and Finance, Foreign Trade Department of the Ministry for Small and Medium enterprises, Commerce, Tourism and Liberal Professions, Ministry of Communications and information Technology, Ministry of Transport, the Romanian Intelligence Service, Service External information, the National Agency for Export Controls, National Bank of Romania, the National Securities Commission, the Insurance Supervisory Commission of the Private Pension System Supervision, the National Office for Preventing and Combating Money Laundering. The Council is coordinated by the Ministry of Foreign Affairs, the leader of the Office for the implementation of international sanctions, and representatives of public authorities and institutions referred to above, taking part in the Council are appointed by the heads of these institutions and have authorized access to classified information to the level of classification of the information used in Council meetings, according to Law no. 182/2002 on the protection of classified information, as amended and supplemented. Decision no. 1541 of 9 December 2009 was approved Rules of organization and functioning of the inter-institutional framework set up to ensure cooperation in the implementation of international sanctions in Romania.
Agreements concluded by Romania on cooperation in preventing and combating terrorism, confirms the determination to create a broad and unified legal framework, which meets the requirements demanded by the evolving global terrorism. To combat terrorism, Romania has acted and will act within NATO, European Union and other international organizations in promoting and strengthening democracy, supporting governments and institutions of security and defense in the fight against terrorism, participation in multilateral operations support complex the prevention countermeasures and post-conflict reconstruction.
Hiring responsible and effective international campaign against terrorism – including military participation, if necessary – is a major landmark of Romania’s National Security Strategy. Thus, this policy document analyzes the risks and threats to national security mainly in terms of the status of member state of NATO and the European Union. According to that document, state institutions should mobilize all necessary resources to attain the following goals: early prevention, combating and foiling terrorist activities and actions on national territory; protection institutions, Romanian citizens and aliens in Romania against terrorist attacks; prohibit the use of Romanian territory for preparing terrorist attacks against other countries. Our efforts to strengthen internal security, fight against terrorism aimed at increasing the protection of citizens, communities and groups of people, state institutions and civic organizations, economic infrastructure, transport and insurance vital social functions, the diplomatic missions, and military activities, as well as other objectives of national interest.
To achieve the objective of legislative harmonization with the acquis communautaire and internationally in the field of counterterrorism, Romania:
a ratified international conventions on preventing and combating terrorism, among which we can mention:
– Convention on Offences and Certain Other Acts Committed on Board Aircraft (Tokyo Convention of 14 September 1963 – Aviation Security); Convention on combating illegal capture Aircraft (Hague Convention, December 16, 1970 – hijacking of aircraft); Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation (Montreal Convention, September 23, 1971 – applies to air sabotage, such as the detonation of a bomb in an aircraft in flight); Convention on prevention and punishment of crimes against internationally protected persons, including diplomatic agents (Convention on international protection persons under 14 December 1973); European Convention for Combating Terrorism (Strasbourg, January 27, 1977); Convention against the Taking of Hostages (New York, December 17, 1979); Convention on the Physical Protection of Nuclear Material (Convention relating to nuclear material, combat illegal acquisition and use of nuclear materials – March 3, 1980); Protocol on Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation, supplementing the Convention on the Suppression of Unlawful Acts targeting civil aviation safety (24 February 1988 extends and supplements the Montreal Convention on Air Safety); Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation (March 10, 1988, apply to acts of terrorism committed on board vessels); Protocol on Suppression of Unlawful Acts against the Safety of Fixed Platforms Located on the Continental Shelf (March 10, 1988, applies to terrorist activities on fixed platforms located on the continental shelf); Convention on the Marking of Plastic Explosives for the purpose of detection (March 1, 1991 – provides for chemical marking to facilitate detection of plastic explosives); International Convention on combating terrorist explosive attacks (December 15, 1997); International Convention on combating financing of terrorism (1999 Convention relating to the financing of terrorism); International Convention for the Suppression of Acts of Nuclear Terrorism.
a signed agreements and protocols of bilateral and multilateral cooperation in preventing and combating international terrorism or some forms of organized crime, terrorism-related;
a ratified Collaboration Agreement between Romania and Europol by Law no. 197 dated 02.06.2004.
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