A/HRC/24/47
requested the international community to consider the payment of ransom to terrorist
groups a crime.83 On the basis of this decision, Member States, in 2010, mandated a special
commission of the African Union to mobilize international support for an end to the
payment of ransom.84 It is still relatively too early to assess compliance by African
countries with this decision in terms of adopting legislations and policies to that effect. Like
the African Union, in March 2010, the League of Arab States adopted resolution 525 on
ways of combating international terrorism, in which it resolved to criminalize the payment
of ransom to terrorist individuals, groups, enterprises or organizations.85
41.
The Council of Europe has no equivalent to the decision adopted by the African
Union requesting the criminalization of ransom payment to terrorist hostage-takers. The
Parliamentary Assembly of the Council of Europe has, however, made a similar
recommendation with regard to the related phenomenon of piracy, in which it called on
Member States to establish clear policies and legislation against the payment of ransoms,
and to ensure compliance by both private actors and State authorities.86 Moreover, the
Members of the European Union are required to share information in cases involving
kidnappings by terrorists.87 The problem of terrorist hostage-taking is also covered by
various instruments of the Council of Europe relating to terrorism. 88
42.
Europol, the law enforcement agency of the European Union, has a European
network of advisory teams that provides strategic and/or tactical advice, coordination and
support for kidnapping, hostage-taking and extortion investigations. 89 The network links the
advisory teams to Europol, to facilitate immediate international cooperation in response to
life-threatening risks, shares good practices and develops standards in this specific field
throughout the European Union.90 The documentation available does not specify what the
relevant good practices are.
43.
Beyond declarations, joint communiqués, press releases relating to terrorism and
transnational crime in general, there seems to be no official document addressing the
specific phenomenon of terrorist hostage-taking for ransom for the Association of Southeast
Asian Nations (ASEAN).91 Similarly, the Organization of American States (OAS) has not
specifically addressed terrorist hostage-taking for ransom, even if its work on the broader
issues of organized crime and terrorism may be relevant in addressing the phenomenon. 92
Relevant case law of the Inter-American Court of Human Rights dealing with cases of
83
84
85
86
87
88
89
90
91
92
Decision 256 (XIII), paras. 7 and 8.
See African Union Peace and Security Council, Report of the Chairperson of the Commission on
Measures to Strengthen Cooperation in the Prevention and Combating of Terrorism
(PSC/PR/2(CCXLIX)), paras. 25–26. Available from www.africaunion.org/root/au/Conferences/2010/November/situationroom/Terrorism%20reportPSC%2022%2011%2010.pdf.
See S/2010/204, annex, p. 62.
Resolution 1722 (2010), para. 17.4.
Council recommendation 2007/562/EC of 12 June 2007 concerning sharing of information on
terrorist kidnappings.
See the website of the Council of Europe on Action against Terrorism: relevant Council of Europe
instruments and documents, at www.coe.int/t/dlapil/codexter/relevant_instruments_en.asp. See also
Council of Europe, The Fight against Terrorism: Council of Europe Standards (4th edition, Strasburg,
2007); and Rianne Letschert, Ines Staiger and Antony Pemberton (eds.), Assisting victims of
terrorism: Towards a European Standard of Justice (Dordrecht, Springer, 2010), pp. 73–141.
Europol Review, General report on Europol activities, 2012, p. 24. Available from
www.europol.europa.eu/sites/default/files/publications/europolreview2011.pdf.
Ibid.
See www.asean.org.
Bailliet, “Towards holistic transnational protection” (see footnote 72), pp. 599 and 607.
15
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents