Sunday, September 02, 2007

Dasar OIC Perangi Keganasan


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.


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