Sixth Committee (Legal) — 77th session

Measures to eliminate international terrorism (Agenda item 112)

Documentation

Additional documents from previous sessions:

Summary of work

Background (source: A/77/100)

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 (A/8791, A/8791/Add.1 and A/8791/Add.1/Corr.1). At that session, the Assembly decided to establish the Ad Hoc Committee on International Terrorism, consisting of 35 members (resolution 3034 (XXVII)).

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 31/102, 31/103, 32/147, 32/148, 33/19, 34/145, 34/146 (International Convention against the Taking of Hostages), 36/109, 38/130, 40/61, 42/159, 44/29, 46/51, 49/60 (Declaration on Measures to Eliminate International Terrorism), 50/53, 51/210 (Declaration to Supplement the 1994 Declaration on Measures to Eliminate International Terrorism), 52/164 (International Convention for the Suppression of Terrorist Bombings), 52/165, 53/108, 54/109 (International Convention for the Suppression of the Financing of Terrorism), 54/110, 55/158, 56/88, 57/27, 58/81, 59/46, 59/290 (International Convention for the Suppression of Acts of Nuclear Terrorism), 60/43, 61/40, 62/71, 63/129, 64/118, 65/34, 66/105, 67/99, 68/119, 69/127, 70/120, 71/151, 72/123, 73/211, 74/194, 75/145 and 76/121 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 50/53).

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 51/210).

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 54/110).

At its seventy-sixth session, the Assembly allocated the item to the Sixth Committee, where statements in the debate were made by 90 delegations (see A/C.6/76/SR.14). The Assembly decided to recommend that the Sixth Committee, at the seventy-seventh 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 54/110 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 76/121).

Consideration at the seventy-seventh session

The Sixth Committee considered the item at its 1st, 2nd, 3rd, 4th, 5th, 35th and 36th meetings, on 3, 4 and 6 October and on 10 and 18 November 2022 (A/C.6/77/SR.1, 2, 3, 4, 5, 35 and 36).

For its consideration of the item, the Committee had before it the report of the Secretary-General (A/77/185).

Pursuant to General Assembly resolution 76/121 of 9 December 2021, at its 1st meeting, on 3 October, the Committee established 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 General Assembly resolution 54/110 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 14 and 21 October 2022. At its 35th meeting, on 10 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 (NAM)), Saudi Arabia (on behalf of the Organization of Islamic Cooperation (OIC)), Nigeria (on behalf of the African Group), the European Union (also on behalf of its member States (the candidate countries Montenegro, Serbia, Albania, Ukraine and the Republic of Moldova, the country of the Stabilisation and Association Process and potential candidate Bosnia and Herzegovina, as well as Georgia aligned themselves with the statement)), Cambodia (on behalf of the Association of Southeast Asian Nations (ASEAN)), Norway (also on behalf of Denmark, Finland, Iceland and Sweden (Nordic Countries)), Canada [in English] (also on behalf of Australia and New Zealand (CANZ)), Singapore, Jordan, the Democratic People’s Republic of Korea, Peru, Iran (Islamic Republic of), the United States of America, Israel, Malaysia, Nepal, Egypt, Equatorial Guinea, Mexico, Viet Nam, Guatemala, Brazil, Pakistan, Paraguay, Senegal, Honduras, Mongolia, Cameroon, Bahrain, Cuba, Tajikistan, Bangladesh, the Russian Federation, Argentina, Ecuador, Sri Lanka, Maldives, India, Iraq, the Sudan, Brunei Darussalam, Georgia, South Africa, Ghana, the Syrian Arab Republic, Yemen, Ukraine, Lebanon, Algeria, Eritrea, Armenia, Qatar, Uganda, Togo, Ethiopia, the Republic of Korea, El Salvador, Oman, the United Kingdom of Great Britain and Northern Ireland, Kuwait, Côte d'Ivoire, the United Arab Emirates, Azerbaijan, the Dominican Republic, Türkiye, Morocco, Indonesia, Mauritania, Sierra Leone, Chad, Mali, the Philippines, Uruguay, Nicaragua, Mozambique, Angola, China, Albania and Costa Rica. Statements were also made by the observers for the State of Palestine, the Holy See and the International Committee of the Red Cross (ICRC). The representatives of the Russian Federation, Armenia, Azerbaijan and Israel spoke in the exercise of the right of reply.

Delegations reiterated their unequivocal condemnation of terrorism in all its forms and manifestations, underlining that terrorism constituted a serious breach of international law, including of international humanitarian law and human rights law, and a threat to international peace, security and the rule of law. 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 46/51.

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. Respect for the rule of law in that regard was also emphasised. Delegations also reaffirmed their commitment to strengthen international and regional cooperation as well as partnerships with and within the United Nations while countering terrorism. The importance of mutual cooperation on the basis of the aut dedere aut judicare principle was recalled. The importance of sharing of information and best practices was also highlighted. The importance of ratification of and accession to instruments relating to counter‑terrorism was emphasized. Calls were also made upon States to actively implement relevant instruments  and Security Council resolutions. Several delegations also provided information of their domestic legislation for combating international terrorism, as well as developments and initiatives within their regions.

Several delegations highlighted initiatives to counter all forms of violent extremism. A concern was expressed regarding xenophobic, extremist, and racial supremacist ideologies in relation to terrorism.

Generally, delegations welcomed the seventh review of the United Nations Global Counter-Terrorism Strategy and underlined the importance of its implementation. 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 and the Second United Nations High-level Conference of Heads of Counter-Terrorism Agencies of Member States. Support was also expressed for the continuing and strengthened implementation of due process and fair and clear procedures by the sanctions committees and for the role of the Ombudsperson.

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.

Several delegations expressed concern regarding the financing of terrorism and stressed the need to increase 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.

The need to take a whole-of-society approach when countering terrorism was underlined by several delegations. Delegations stressed the importance of addressing the root causes of terrorism and destabilizing forces such as the COVID-19 pandemic, poverty and climate change. 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.

A number of delegations expressed solidarity with victims of international terrorism and spoke of the need to engage them, including through their involvement in policy making. Delegations also welcomed the first Global Congress of Victims of Terrorism and expressed their support for the Group of Friends of Victims of Terrorism.

Several delegations voiced their concern regarding the abuse of the internet and new technologies by terrorist groups. The need to regulate the cyberspace was highlighted. Concern over the threat posed by foreign terrorist fighters, and thereby the need to address matters relating to their return, rehabilitation and prosecution, 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. It was emphasized that such definition should reflect the constantly evolving nature of terrorism, as well as 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. 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 some delegations saw a link between the conclusion of the convention with the convening of the high-level conference, noting that the latter could assist in the finalization of the negotiations, other delegations pointed out that the high-level conference should only be convened once the negotiations on the comprehensive convention are completed.

Archived videos and summaries of plenary meetings

Video   1st meeting (3 October 2022, 10:00am – 1:00pm) | Summary

Video   2nd meeting (3 October 2022, 3:00pm – 6:00pm) | Summary

Video   3rd meeting (4 October 2022, 11:30am – 1:00pm) | Summary

Video   4th meeting (4 October 2022, 3:00pm – 6:00pm) | Summary

Video   5th meeting (6 October 2022, 10:00am – 1:00pm) | Summary

Video   35th meeting (10 November 2022, 10:00am – 1:00pm) | Summary

Video   36th meeting (18 November 2022, 10:00am – 1:00pm) | Summary


Action taken by the Sixth Committee

At the 36th meeting, on 18 November, the representative of Canada, on behalf of the Bureau, introduced a draft resolution entitled “Measures to eliminate international terrorism” (A/C.6/77/L.18). At the same meeting, the Committee adopted draft resolution A/C.6/77/L.18 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 second United Nations High-level Conference of Heads of Counter-Terrorism Agencies of Member States, held in New York from 28 to 30 June 2021, as part of the second Counter-Terrorism Week at the United Nations, held from 24 to 30 June 2021. 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-eighth 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 resolution 54/110 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-eighth session (2023).

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