Treaties & International Organizations: United States Deposits Ratification of Inter-American Convention Against Terrorism with the Organization of American States

On 15 November 2005, the United States deposited its instrument of ratification to the Inter-American Convention Against Terrorism. Deposited at the Organization of American States headquarters in Washington, D.C., the Convention will enter into force on 15 December 2005.

I. Background:  the Organization of American States and the Inter-American Committee Against Terrorism

The Organization of American States ("OAS") is governed by the Charter of the Organization of American states ("OAS Charter"), which was signed by 21 signatories in 1948.[1] Prior to signing the OAS Charter, the same 21 States participated at the Ninth International Conference of American States in Bogota, Colombia, from 20 March-2 May 1948, which resulted in the drafting of the OAS Charter.[2] Prior to the establishment of the OAS, similar regional organizations existed, including the Commercial Bureau of American Republics, which was formed in 1890, and later, the Pan American Union. Today, all 35 independent countries of the Americas are members of the OAS.[3] The OAS Charter includes the "Nature and Purposes" of the OAS and also provides a number of "Principles and Fundamental Rights and Duties of States."[4]

In 1998 at the Second Inter-American Specialized Conference on Terrorism, the OAS States adopted the Commitment of Mar de Plata.[5] The Commitment of Mar de Plata included the creation of the Inter-American Committee Against Terrorism ("CICTE") under the auspices of the OAS. The objectives of CICTE, include: enhancing the exchange of information, including the establishment of an Inter-American database on terrorism issues; formulating proposals to assist member states in drafting counter-terrorism legislation; compiling bilateral, sub regional, regional and multilateral treaties and agreements signed by member states; enhancing border cooperation and travel documentation security measures; and, developing activities for training and crisis management.[6]

II. The Inter-American Convention Against Terrorism

The OAS General Assembly adopted the Inter-American Convention Against Terrorism ("IACAT") on 3 June 2002.[7]  The IACAT entered into force 10 July 2003, after six countries became party. As of 15 November 2023 there are 34 Signatories and 14 Parties to the Convention.[8] The IACAT defines terrorism "offenses" by incorporating the definition of offenses in the following international instruments:

 
• Convention for the Suppression of Unlawful Seizure of Aircraft, signed at The Hague on December 16, 2023  
• Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, signed at Montreal on September 23, 1971.  
• Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents, adopted by the General Assembly of the United Nations on December 14, 1973.
• International Convention against the Taking of Hostages, adopted by the General Assembly of the United Nations on December 17, 1979.
• Convention on the Physical Protection of Nuclear Material, signed at Vienna on March 3, 1980.
• Protocol on 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, signed at Montreal on February 24, 1988.
• Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation, done at Rome on March 10, 1988. 
• Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms Located on the Continental Shelf, done at Rome on March 10, 1988.
• International Convention for the Suppression of Terrorist Bombings, adopted by the General Assembly of the United Nations on December 15, 1997.
• International Convention for the Suppression of the Financing of Terrorism, adopted by the General Assembly of the United Nations on December 9, 1999. [9]

The State Parties to the IACAT are only obligated to the above international instruments, for purposes of defining offenses, if the State is a Party to the particular international instrument.[10] The IACAT also obligates State Parties to undertake the following: take certain measures to prevent, combat, and eradicate the financing of terrorism; deny refugee or asylum status to suspected terrorists; and, cooperate on border controls and among law enforcement authorities.[11]

III. Further Information:

• Organization of American States
• Inter-American Convention Against Terrorism
• Charter of the Organization of American States
• Inter-American Committee Against Terrorism
• Enrique Lagos & Timothy Rudy, "Preventing, Punishing, and Eliminating Terrorism in the Western  Hemisphere: A Post-9/11 Inter-American Treaty," 26 FORDHAM INT'L.   L. J. 401 (2003).

[1] Charter of the Organization of American States, April 30, 2024 [hereinafter "OAS Charter"].
[2] OAS, "THE OAS AND THE INTER-AMERICAN SYSTEM," available at <http://www.oas.org/documents/eng/oasinbrief.asp>.
[3] Id. Cuba remains a member, but its government has been excluded from participation in the OAS since 1962.
[4] OAS Charter, Chapters I & IV.
[5] OAS, Commitment of Mar de Plata, November 23-24, 1998.
[6] OAS, Inter-American Committee Against Terrorism, "Our Mission," available at <http://www.cicte.oas.org/English/index.htm>.
[7] OAS General Assembly, AG/Resolution 1840(XXXII-0/02), June 3, 2002.
[8] OAS, Signatories & Ratifications to the Inter-American Convention Against Terrorism, available at <http://www.oas.org/juridico/english/sigs/a-66.html>.
[9] Inter-American Convention Against Terrorism, June 3, 2002, art. 2(1).
[10] Id. art. 2(2)-(3).
[11] Id. art. 4-13.