What tools and mechanisms are available under the International Convention for the Suppression of Acts of Nuclear Terrorism (ICSANT) to facilitate extradition and mutual legal assistance (MLA)? What are some of the challenges ICSANT can help criminal justice officials overcome in investigating, prosecuting and adjudicating terrorist and other criminal offences involving nuclear or other radioactive material?
To answer these and other questions, UNODC held a webinar which focused on extradition and mutual legal assistance within the context of ICSANT on 7 June 2024. The event, which was the second in a series of ten webinars on various key aspects of ICSANT, featured Mr. Simon Minks, National Coordinating Advocate-General contra terrorism, (violent) extremism and international crimes (senior prosecutor in appeal) of the Netherlands, and gathered over 40 participants from Member States and international organizations. Mr. Minks also previously appeared in the first webinar of the series focused on a prosecutorial perspective on ICSANT.
The event examined extradition and MLA under ICSANT, including how certain articles of ICSANT can aid criminal justice officials in the prevention, detection, suppression, and investigation of offences established under its article 2. In particular, article 14(1), which covers extradition and criminal proceedings, can help States parties address the transnational dimension of terrorism by providing them with the legal basis for cooperation beyond bilateral and/or regional cooperation agreements.
ICSANT requires that offences under the Convention be deemed as extraditable offences in any extradition treaty existing between any of the States parties before the entry into force of the Convention. Moreover, the Convention provides that States parties undertake to include such offences as extraditable offences in every extradition treaty to be subsequently concluded between them. States parties may also use ICSANT as a legal basis in place of a formal extradition agreement.
The Convention also calls on States parties to afford one another the greatest measure of assistance in connection with investigations or criminal proceedings brought in respect of the offences set forth in ICSANT’s article 2. Mr. Minks spoke to the practical issues ICSANT can help States parties to overcome in requesting specific types of MLA.
It is worth noting that ICSANT seeks to eliminate safe havens for those who commit certain offences involving nuclear or other radioactive material through the principle aut dedere aut judicare, which stipulates that the State party in which the alleged perpetrator is present must either extradite or prosecute that person. For that purpose, the exchange of information between States parties and the provision of evidence play an important role.
Mr. Minks recalled the importance that extradition and MLA are carried out in a manner consistent with international law, including international law of human rights and as such, human rights during extradition proceedings and in application of MLA requests are specifically safeguarded under ICSANT. In this regard, ICSANT contains a robust anti-discrimination clause which protects the accused person from extradition or MLA requests based on the person’s race, religion, nationality, ethnic origin or political opinion.
In conclusion, the webinar explained how ICSANT’s tools and mechanisms facilitate international cooperation to effectively respond to the threat of criminal acts involving nuclear or other radioactive material.
The next webinar of the series, which will be held on 5 July 2024, will focus on nuclear forensics in the context of ICSANT.
The webinar series is carried out under the project “Supporting the universalization and effective implementation of the International Convention for the Suppression of Acts of Nuclear Terrorism”, funded by the European Union.
