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Article 1

3. For the purposes of this Common Position, "terrorist act" shall mean one of the following intentional acts, which, given its nature or its context, may seriously damage a country or an international organisation, as defined as an offence under national law, where committed with the aim of:

(i) seriously intimidating a population, or

(ii) unduly compelling a Government or an international organisation to perform or abstain from performing any act, or

(iii) seriously destabilising or destroying the fundamental political, constitutional, economic or social structures of a country or an international organisation:

(a) attacks upon a person's life which may cause death;

(b) attacks upon the physical integrity of a person;

(c) kidnapping or hostage taking;

(d) causing extensive destruction to a Government or public facility, a transport system, an infrastructure facility, including an information system, a fixed platform located on the continental shelf, a public place or private property, likely to endanger human life or result in major economic loss;

(e) seizure of aircraft, ships or other means of public or goods transport;

(f) manufacture, possession, acquisition, transport, supply or use of weapons, explosives or of nuclear, biological or chemical weapons, as well as research into, and development of, biological and chemical weapons;

(g) release of dangerous substances, or causing fires, explosions or floods the effect of which is to endanger human life;

(h) interfering with or disrupting the supply of water, power or any other fundamental natural resource, the effect of which is to endanger human life;

(i) threatening to commit any of the acts listed under (a) to (h);

G) directing a terrorist group;

(k) participating in the activities of a terrorist group, including by supplying information or material resources, or by funding its activities in any way, with knowledge of the fact that such participation will contribute to the criminal activities of the group.

For the purposes of this paragraph, "terrorist group" shall mean a structured group of more than two persons, established over a period of time and acting in concert to commit terrorist acts. "Structured group" means a group that is not randomly formed for the immediate commission of a terrorist act and that does not need to have formally defined roles for its members, continuity of its membership or a developed structure.

A. Introduction

1. As a result of the attacks carried out in the United States of America on 11 September 2001, we need to think again about the nature of terrorism and what makes it possible. Whereas the number of victims of an act of terrorism may vary, the very nature of terrorism is always the same.

2. Then we need to think about the consequences of such acts insofar as they are new. Is it possible to speak of "war" when there has been no declaration of war and the terrorist attacks were not carried out on the orders of any particular country?

3. Lastly, we need to think about the most appropriate ways of combating this phenomenon, while focusing our efforts on the causes as well as on the effects so that the emphasis is on prevention. Legal means must be developed in strict compliance with the fundamental values of the Council of Europe. All these points will be developed below. The Assembly draws attention to its Resolution 1258 (2001) on European democracies facing terrorism (see Appendices I and II).

B. Terrorism: a challenge for the whole world

4. All acts of terrorist, on whatever scale, have a number of features in common.

5. In the vast majority of cases, they are carried out by an entity other than a country and do not target a declared enemy. This criterion also applies in the case of the attacks of 11 September. The reaction to the attacks, however, has been in the form of a war, a war waged against a country on whose territory the man suspected of ordering the terrorist attacks was to be found, with the aim being to arrest him and at the same time topple the regime that supported him. It would seem, however, that his arrest will not bring an end to the war because the aim clearly seems to be to destroy the terrorist networks to be found in many countries and which enjoy a certain amount of popular support.

6. It has been relatively easy for terrorist networks to develop owing to a lack of determination to combat organised crime.

7. The popular support for terrorism that has been seen in some countries has its roots in poverty and the growing gap between rich and poor countries. The Palestinian-Israeli conflict is certainly also a factor in the feelings of frustration many Arab countries feel and which help to feed anti-western feeling generally and anti-Americanism in particular.

8. The events of 11 September must on no account be regarded as the early signs of a so-called clash of civilisations, and even less so a war of religions.

9. The battle against terrorism is a complex, long-term war waged on several fronts. The world of terrorism is obscure and secret and knows how to make the most of legal loopholes in an increasingly globalised world.

10. Whereas the battle against terrorism must be conducted on a world scale and whereas the United Nations is still the best guarantor of the action taken, the Council of Europe must be the focal point for the values which must be upheld at all costs.

C. Combating terrorism

1. United Nations International Convention for the Suppression of the Financing of Terrorism

11. There are nine international conventions against terrorism (see Appendix III), but the United Nations Convention is directly concerned with the central issue of the financing of terrorism.

12. Acts of terrorism call for large amounts of funding in order to organise illegal networks, financially support groups of terrorists, and obtain weapons. To be effective, efforts to prevent and combat terrorism must therefore start at the beginning of the chain.

13. By making the financing of acts of terrorism a specific criminal offence so that anyone who finances terrorism may be charged accordingly, the United Nations Convention would be particularly well-suited as a prevention instrument. However, to be fully effective it would need to be ratified by nearly all member States. At present this is far from the case.

2. Tackling the causes and the financing of terrorism

14. It is our urgent duty to adopt a more moral approach to international finances. A number of new instruments have been developed by the international community in the context of various organisations. Examples include:

- OOECDs Financial Action Task Force (TATF) which identifies countries with inadequate money laundering laws;

- The Financial Stability Forum.

15. As a result of the attacks carried out on 11 September, a whole new approach is needed to combating money laundering, particularly as the financing of terrorist activities relies not so much on the laundering of dirty money as the "dirtying" of clean money, in other words legal the financing of the work of terrorist networks by governments, banks, individuals and associations.

16. The Council of Europe has adopted a number of legal instruments well-suited for combating the different aspects of terrorism: the European Convention for the Suppression of Terrorism, the European Convention on Extradition and its two additional protocols, the European Convention on Mutual Assistance in Criminal Matters and its additional protocol, the European Convention on the Transfer of Proceedings in Criminal Matters, the European Convention on Laundering, Search, Seizure, and Confiscation of the Proceeds from Crime, and, most recently, the Convention on Cybercrime which was opened for signature on 23 November 2001. (Appendix IV contains Tables showing the state of ratification of these instruments).

17. The member States of the Council of Europe have a moral obligation to ratify these treaties and to identify, detect, freeze and seize funds used for criminal purposes. They also have a moral obligation to reinforce measures relating to mutual assistance in criminal matters, while making it impossible to invoke bank secrecy or the fiscal nature of an offence, and to step up international cooperation through IInterpoland Europol whose scope has moreover recently been enlarged. Insofar as only European Union Member States are represented in Europol, however, consideration should be given to the possibility of extending some of its activities to Council of Europe member States.

18. It should no longer be possible for Council of Europe member States to accept off-shore centres, tax havens or bogus companies used to launder the assets of thriving criminal organisations living off the proceeds from drug-trafficking, prostitution, and illegal employment networks.

19. On top of the need to ratify these treaties, it is essential to introduce a system for monitoring these instruments.

20. A debate needs to be initiated with the European Parliament, which seems to be the Parliamentary Assembly's ideal discussion partner, on ways of extending existing instruments and possibly on other forms of cooperation. This joint debate could take place during the joint session being organised by the European Parliament and the Council of Europe's Parliamentary Assembly and scheduled for September 2002.

21. A European body should be set up with a similar role to that of the British Financial Services Authority (FSA), namely to supervise financial markets, combat money laundering and track down any attempts to manipulate financial markets.

3. The need to ensure respect for the fundamental values upheld by the Council of Europe

22. The Assembly has on many occasions asserted its determination to combat terrorism while stressing the need to respect the fundamental values upheld by the Council of Europe and in particular the European Convention on Human Rights and its additional protocols, especially Protocol No 6 concerning abolition of the death penalty.

23. It is therefore natural that we should have reservations regarding the military order issued by the President of the United States of America on 14 November 2001 concerning the detention, treatment and trial of certain non-citizens in the war against terrorism which provides that certain non-citizens will be tried by military tribunals and risk the death penalty.

24. In its Resolution 1253 (2001), the Assembly asked the United States of America (and Japan) to institute without delay a moratorium on executions, and take the necessary steps to abolish the death penalty. The whole of Europe is free of the death penalty and therefore, however hideous the crimes committed, Council of Europe member States cannot agree to the extradition of people who risk the death penalty. This position was confirmed by the decision of the European Court of Human Rights in the Soering case. Governments of Council of Europe member States should take inspiration from Spain in this regard.

25. The United Kingdom has passed a bill (Anti-terrorism crime and security Bill) and decided to avail itself of the right of derogation from Article 5 of the European Convention on Human Rights on the basis of Article 15 § 1 of the Convention under which derogations are possible "in time of war or other public emergency threatening the life of the nation" "to the extent strictly required by the exigencies of the situation, provided that such measures are not inconsistent with ... other obligations under international law."

Which is the right court for trying suspected terrorists?

26. According to Resolution 1258 (2001) of the Assembly, the future International Criminal Court would be the right court for hearing cases concerning acts of terrorism. However, there are a number of impediments to this solution: on the one hand, the Resolution has to have been ratified by 60 countries before it can come into force, and, on the other hand, the Court will not have retroactive jurisdiction and will therefore not be able to try those suspected of carrying out the attacks of 11 September. In future, it could claim jurisdiction either on the basis of its own interpretation of Article 7 of the Statute, which defines crimes against humanity, or following an amendment of the Statute to include an explicit reference to terrorism as a crime against humanity.

27. To try those suspected of committing the crimes carried out on 11 September, an International Criminal Court should therefore be set up to try suspected terrorists on the basis of the International Criminal Tribunal for the former Yugoslavia.

Reporting committee- Committee on Legal Affairs and Human Rights

Reference to committee: Doc 9207, Reference No 2654 of 28 September 2001, Request for urgent procedure

Draft resolutiun unanimously adopted with one abstention and draft recommendation unanimously adopted by the Committee on 22 January 2002

Members of the Committee Mr Lintner{Chairperson), Mr Magnusson, Mrs Gulek, Mr Many (Vice-Chairpersons), Mr Akcall, Mr G.Aliyev,, Mr Andican, Mr Arabadjiev (alternate: Mr Toshev), Mrs van Ardenne-van der Hoeven, Mr Attard Montalto, Mr Bindig,Mr Brejc, Mr Bruce, Mr Bulavinov (alternate' Mr Khripel),Mr Chaklein,Mrs Christmas-Moller(alternate. Mrs Auken), Mr Clerfayt, Mr Contestabile, Mr Daws, Mr Demetriou,Mr Dimas, Mr Engeses, Mr Enright,Mrs Err, Mr Fedorov, Mrs Frimansdottir, Mr Frunda, Mr Guardans, Mr Gustafsson, Mrs Hajiyeva, Mr Holovaty, Mr Jansson, Mr Jaskiernia, Mr Jurgens, Mr Kastanidis (alternate Mr Skoulankis), Mr Kelemen, Mr Kostyte/cy, Mr S. Kovalev (alternate. Mr Zavgayev), Mr Kresak, Mr /N.B. The names of those members who were present at the meeting are printed in italics Secretaries to the Committee Ms Coin, Ms Kleinsorge, Mr Cupina

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