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Convention of the Organization of the Islamic Conference (OIC) on Combating International Terrorism

Published July 1999

This convention was adopted at the Organization of the Islamic Conference's twenty-sixth session of the Islamic conference of foreign ministers in Ouagadougou, Burkina Faso, in July 1999.

The Member States of the Organization of the Islamic Conference,

Pursuant to the tenets of the tolerant Islamic Sharia which reject all forms of violence and terrorism, and in particular specially those based on extremism and call for protection of human rights, which provisions are paralleled by the principles and rules of international law founded on cooperation between peoples for the establishment of peace;

Abiding by the lofty, moral and religious principles particularly the provisions of the Islamic Sharia as well as the human heritage of the Islamic Ummah.

Adhering to the Charter of the Organization of the Islamic Conference, its objectives and principles aimed at creating an appropriate atmosphere to strengthen cooperation and understanding among Islamic States as well as relevant OIC resolutions;

Adhering to the principles of International Law and the United Nations Charter as well as all relevant UN resolutions on procedures aimed at eliminating international terrorism, and all other conventions and international instruments to which states acceding to this Convention are parties and which call, inter alia, for the observance of the sovereignty, stability, territorial, integrity, political independence and security of states, and non-intervention in their international affairs;

Proceeding from the rules of the Code of Conduct of the Organization of Islamic Conference for Combating International Terrorism;

Desiring to promote cooperation among them for combating terrorist crimes that threaten the security and stability of the Islamic States and endanger their vital interests;

Being committed to combating all forms and manifestations of terrorism and eliminating its objectives and causes which target the lives and properties of people;

Confirming the legitimacy of the right of peoples to struggle against foreign occupation and colonialist and racist regimes by all means, including armed struggle to liberate their territories and attain their rights to self-determination and independence in compliance with the purposes and principles of the Charter and resolutions of the United Nations;

Believing that terrorism constitutes a gross violation of human rights, in particular the right to freedom and security, as well as an obstacle to the free functioning of institutions and socio-economic development, as it aims at destabilizing States;

Convinced that terrorism cannot be justified in any way, and that it should therefore be unambiguously condemned in all its forms and manifestations, and all its actions, means and practices, whatever its origin, causes or purposes, including direct or indirect actions of States;

Recognizing the growing links between terrorism and organized crime, including illicit trafficking in arms, narcotics, human beings and money laundering;

Have agreed to conclude this Convention, calling on all Member States of the Organization of the Islamic Conference to accede to it.

 

Definition and General Provisions

Article I

For the purposes of this Convention:

1.       “Contracting State” or “Contracting Party” means every Member State in the Organization of the Islamic Conference that has ratified or adhered to this Convention and deposited its instruments of ratification or adherence with the General Secretariat of the Organization.

2.       "Terrorism” means any act of violence or threat thereof notwithstanding its motives or intentions perpetrated to carry out an individual or collective criminal plan with the aim of terrorizing people or threatening to harm them or imperiling their lives, honor, freedoms, security or rights or exposing the environment or any facility or public or private property to hazards or occupying or seizing them, or endangering a national resource, or international facilities, or threatening the stability, territorial integrity, political unity or sovereignty of independent States.

3.       "Terrorist Crime” means any crime executed, started or participated in to realize a terrorist objective in any of the Contracting States or against its nationals, assets or interests or foreign facilities and nationals residing in its territory punishable by its internal law.

4.       Crimes stipulated in the following conventions are also considered terrorist crimes with the exception of those excluded by the legislations of Contracting States or those who have not ratified them:

a)    Convention on “Offences and Other Acts Committed on Board of Aircrafts”        (Tokyo, 14.9.1963).

b)    Convention on “Suppression of Unlawful Seizure of Aircraft” (The Hague,16.12.1970).

c)    Convention on “Suppression of Unlawful Acts against the Safety of Civil Aviation” signed at Montreal on 23.9.1971 and its Protocol (Montreal, 10.12.1984)

d)    Convention on the “Prevention and Punishment of Crimes against Persons Enjoying International Immunity, Including Diplomatic Agents” (New York, 14.12.1973).

e)    International Convention against the Taking of Hostages (New York, 1979).

f)      The United Nations Law of the Sea Convention of 1982 and its related provisions on piracy at sea.

g)    Convention on the “Physical Protection of Nuclear Material” (Vienna, 1979).

h)    Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation-Supplementary to the Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation (Montreal, 1988).

i)      Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms on the Continental Shelf (Rome, 1988).

j)      Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation (Rome, 1988).

k)    International Convention for the Suppression of Terrorist Bombings (New York, 1997)

l)      Convention on the Marking of Plastic Explosives for the purposes of Detection (Montreal, 1991).

Article 2

a)       Peoples struggle including armed struggle against foreign occupation, aggression, colonialism, and hegemony, aimed at liberation and self-determination in accordance with the principles of international law shall not be considered a terrorist crime.

b)       None of the terrorist crimes mentioned in the previous article shall be considered political crimes.

c)       In the implementation of the provisions of this Convention the following crimes shall not be considered political crimes even when politically motivated:

1.       Aggression against kings and heads of state of Contracting States or against their spouses, their ascendants or descendants.

2.       Aggression against crown princes or vice-presidents or deputy heads of government or ministers in any of the Contracting States.

3.       Aggression against persons enjoying international immunity including Ambassadors and diplomats in Contracting States or in countries of accreditation.

4.       Murder or robbery by force against individuals or authorities or means of transport and communications.

5.       Acts of sabotage and destruction of public properties and properties geared for public services, even if belonging to another Contracting State.

6.       Crimes of manufacturing, smuggling or possessing arms and ammunition or explosives or other materials prepared for committing terrorist crimes.

d)         All forms of international crimes, including illegal trafficking in narcotics and human beings money laundering aimed at financing terrorist objectives shall be considered terrorist crimes.

Section II

Foundations of Islamic Cooperation for Combating Terrorism

Chapter I

In the Field of Security

Division I

MEASURES TO PREVENT AND COMBAT TERRORIST CRIMES.

Article 3

I.         The Contracting States are committed not to execute, initiate or participate in any form in organizing or financing or committing or instigating or supporting terrorist acts whether directly or indirectly.

II.      Committed to prevent and combat terrorist crimes in conformity with the provisions of this Convention and their respective domestic rules and regulations the contracting States shall see to:

(A)       Preventive Measures:

1.       Barring their territories from being used as an arena for planning, organizing, executing terrorist crimes or initiating or participating in these crimes in any form; including preventing the infiltration of terrorist elements or their gaining refuge or residence therein individually or collectively, or receiving hosting, training, arming, financing or extending any facilities to them.

2.       Cooperating and coordinating with the rest of the Contracting States, particularly neighboring countries which suffer from similar or common terrorist crimes.

3.       Developing and strengthening systems relating to detecting transportation, importing, exporting stockpiling, and using of weapons, ammunition and explosives as well as other means of aggression, killing and destruction in addition to strengthening trans-border and custom controls in order to intercept their transfer from one Contracting State to another or to other States unless they are intended for specific legitimate purposes.

4.       Developing and strengthening systems related to surveillance procedures, securing borders, and land, sea and air passages in order to prevent infiltration through them.

5.       Strengthening systems for ensuring the safety and protection of personalities, vital installations and means of public transport.

6.       Re-enforcing protection, security and safety of diplomatic and consular persons and missions; and regional and international organizations accredited in the Contracting State in accordance with the conventions and rules of international law which govern this subject.

7.       Promoting security intelligence activities and coordinating them with the intelligence activities of each Contracting State pursuant to their respective intelligence policies, aimed at exposing the objectives of terrorist groups and organizations, thwarting their designs and revealing the extent of their danger to security and stability.

8.       Establishing a data base by each Contracting State to collect and analyze data on terrorist elements, groups, movements and organizations and monitor developments of the phenomenon of terrorism and successful experiences in combating it. Moreover, the Contracting State shall update this information and exchange them with competent authorities in other Contracting States within the limits of the laws and regulations in every State.

9.       To take all necessary measures to eliminate and prevent the establishment of webs supporting all kinds of terrorist crimes.

B.        Combating Measures:

1.       Arresting perpetrators of terrorist's crimes and prosecuting them according to the national law or extraditing them in accordance with the provisions of this Convention or existing Conventions between the requesting and requested States.

2.       Ensuring effective protection of persons working in the field of criminal justice as well as to witnesses and investigators.

3.       Ensuring effective protection of information sources and witnesses on terrorist crimes.

4.       Extending necessary assistance to victims of terrorism.

5.       Establishing effective cooperation between the concerned organs in the contracting States and the citizens for combating terrorism including extending appropriate guarantees and appropriate incentives to encourage informing on terrorist acts and submitting information to help uncover them and cooperating in arresting the perpetrators.

 

Division II

Areas of Islamic cooperation for preventing and combating

terrorist crimes.

Article 4

Contracting States shall cooperate among themselves to prevent and combat terrorist crimes in accordance with the respective laws and regulations of each State in the following areas:

First: Exchange of Information

1.       Contracting States shall undertake to promote exchange of information among them as such regarding:

a) Activities and crimes committed by terrorist groups, their leaders, their elements, their headquarters, training, means and sources that provide finance and weapons, types of arms, ammunition and explosives utilized as well as other ways and means to attack, kill and destroy.

b) Means of communications and propaganda utilized by terrorist groups, how they act, movement of their leaders, their elements and their travel documents.

2.       Contracting States shall expeditiously inform any other Contracting State regarding available information about any terrorist crime perpetrated in its territory aimed at undermining the interests of that State or its nationals and to state the facts surrounding the crime in terms of its circumstances, criminals involved, victims, losses, devices and methods utilized to carry out the crime, without prejudicing investigation and inquiry requisites.

3.       Contracting States shall exchange information with the other Parties to combat terrorist crimes and to inform the Contracting State or other States of all available information or data that could prevent terrorist crimes within its territory or against its nationals or residents or interests.

4.       The Contracting States shall provide any other Contracting State with available information or data that will:

a)    Assist in arresting those accused of committing a terrorist crime against the interests of that country or being implicated in such acts either by assistance, collusion, instigation, or financing.

b)    Contribute to confiscating any arms, weapons, explosives, devices or funds spent or meant to be spent to commit a terrorist crime.

5.       The Contracting States undertake to respect the confidentiality of information exchanged between them and shall refrain from passing it to any non-Contracting States or other parties without prior consent of the source country.

Second: Investigation

Each Contracting State pledges to promote cooperation with other contracting states and to extend assistance in the field of investigation procedures in terms of arresting escaped suspects or those convicted for terrorist crimes in accordance with the laws and regulations of each country.

Third: Exchange of Expertise

1.       Contracting States shall cooperate with each other to undertake and exchange studies and researches on combating terrorist crimes as well as exchange of expertise in this field.

2.       Contracting States shall cooperate within the scope of their capabilities to provide available technical assistance for preparing programs or holding joint training sessions with one or more Contracting State if the need arises for personnel required in the field of combating terrorism in order to improve their scientific and practical potential and upgrade their performance standards.

Fourth: Education and Information Field

The Contracting States shall cooperate in:

1.       Promoting information activities and supporting the mass media in order to confront the vicious campaign against Islam, by projecting the true image of tolerance of Islam and exposing the designs and danger of terrorist groups against the stability and security of Islamic States.

2.       Including the noble human values, which proscribe the practice of terrorism in the educational curricula of Contracting States.

3.       Supporting efforts aimed at keeping abreast of the age by introducing an advanced Islamic thought based on ijtihad by which Islam is distinguished.

Chapter II

In the Judicial Field

Section I

Extraditing Criminals

Article 5

Contracting States shall undertake to extradite those indicted or convicted of terrorist crimes, requested for extradition by any of these countries in compliance with the rules and conditions stipulated in this Convention.

Article 6

Extradition shall not be permissible in the following cases:

1.       If the Crime for which extradition is requested is deemed by the laws enforced in the requested Contracting State as one of a political nature and without prejudice to the provisions of Article 2. paragraphs 2 and 3 of this Convention for which extradition is requested.

2.       If the Crime for which extradition is sought relates solely to a dereliction of military obligations.

3.       If the Crime for which extradition is requested, was committed in the territory of the requested Contracting State, unless this crime has undermined the interests of the requesting Contracting State and its laws stipulate that the perpetrators of those crimes shall be prosecuted and punished providing that the requested country has not commenced investigation or trial.

4.       If the Crime has been the subject of a final sentence which has the force of law in the requested Contracting State.

5.       If the action at the time of the extradition request elapsed or the penalty prescribed in accordance with the law in the Contacting State requesting extradition.

6.       Crimes committed outside the territory of the requesting Contracting State by a person who was not its national and the law of the requested Contracting State does not prosecute such a crime if perpetrated outside its territory by such a person.

7.       If pardon was granted and included the perpetrators of these crimes in the requesting Contracting State.

8.       If the legal system of the requested State does not permit extradition of its national, then it shall be obliged to prosecute whosoever commits a terrorist crime if the act is punishable in both States by a freedom restraining sentence for a minimum period of one year or more. The nationality of the person requested for extradition shall be determined according to the date of the crime taking into account the investigation undertaken in this respect by the requesting State.

Article 7

If the person requested for extradition is under investigation or trial for another crime in the requested State, his extradition shall be postponed until the investigation is disposed of or the trial is over and the punishment implemented. In this case, the requested State shall extradite him provisionally for investigation or trial on condition that he shall be returned to it before execution of the sentence issued in the requested State.

Article 8

For the purpose of extraditing crime perpetrators according to this Convention. the domestic legislations of Contracting States shall not have any bearing as to their differences with respect to the crime being classified as a felony or misdemeanor, nor as to the penalty prescribed for it.

Section II

Rogatory Commission

Article 9

Each Contracting State shall request from any other Contracting State to undertake in its territory rogatory action with respect to any judicial procedures concerning an action involving a terrorist crime and in particular:

1.         To hear witnesses and testimonies taken as evidence.

2.         To communicate legal documents.

3.         To implement inquiry and detention procedures.

4.         To undertake on the scene inspection and analyze evidence.

5.         To obtain necessary evidence or documents or records or their certified copies.

Article 10

Each Contracting State shall implement rogatory commissions related to terrorist crimes and may reject the request for implementation with respect to the following cases.

1.         If the crime for which the request is made, is the subject of a charge, investigation or trial in the country requested to implement rogatory commission.

2.         If the implementation of the request prejudices the sovereignty or the security or public order of the country charged with this mission.

Article 11

The request for rogatory mission shall be implemented promptly in accordance with the provisions of the domestic laws of the requested State and which may postpone its implementation until its investigation and prosecution procedures are completed on the same subject or until the compelling reasons that called for postponement are removed. In this case the requesting State shall be informed of this postponement.

Article 12

The request for a rogatory commission related to a terrorist crime shall not be refused on the grounds of the rule of transaction confidentiality for banks and financial institutions. And in the implementation of the request the rules of the enforcing State are to be followed.