STATEMENT BY
H.E. AMBASSADOR HASMY AGAM
PERMANENT REPRESENTATIVE OF MALAYSIA TO THE UNITED NATIONS
ON "FOLLOW-UP TO RESOLUTION 1269 (1999):
INTERNATIONAL TERRORISM

WEDNESDAY, 6 DECEMBER 2000

 

Mr. President,

My delegation welcomes the convening of this meeting, which provides the Council an opportunity to continue its consideration of the threat to international peace and security posed by international terrorism, which was first addressed by the Council way back in 1992. We recall that following the important initiative by you, Sir, and your delegation, during your Presidency of the Council in October last year, we had a very useful debate, culminating in the unanimous adoption of a landmark resolution pertaining to the question of international terrorism, namely resolution 1269 of 19 October 1999.

2. We are grateful to Under Secretary-General Hans Correl, the United Nations Legal Counsel, for his useful briefing on the subject and his comprehensive briefing paper. Clearly, important efforts have already been taken or are being taken by the United Nations in developing relevant international legal instruments to combat and suppress the terrorist menace. We commend the efforts by the Secretary-General in facilitating the work of the relevant United Nations organs, as outlined by the Legal Counsel.

Mr. President,

3. My delegation has clearly put forward its position on international terrorism during the Council's debate on the issue in October last year and during the on-going discussions in the General Assembly and the relevant Committees. I do not intend to repeat Malaysia’s position beyond reiterating three main principles:

        Firstly, Malaysia is against terrorism in all its forms and manifestations. We condemn all acts, methods and practices of terrorism as unjustifiable criminal acts, regardless of the motivation of their perpetrators, when innocent civilians are deliberately targeted as victims. Terrorism should be condemned wherever it rears its ugly head and whether committed by individuals, groups of individuals or State authorities, which sometimes, with better means at their disposal could be more devastating and destructive, to civil society. In taking security measures, States must be guided by the principle of "proportionate response" and not cross the threshold beyond which such "security measures" may descend to the level of terrorism which we all abhor. Whenever such excessive use of force by the States occurs, resulting in massive loss of lives and injury to the civilian population, it must be roundly condemned as we do in respect of ofther forms of terrorism;

        Secondly, there should be a clear and universally agreed definition of terrorism, so that it can be differentiated from the legitimate struggles of peoples under colonial or alien domination and foreign occupation for self-determination and national liberation, as recognised by the relevant resolutions and declarations that have been adopted by the United Nations. However, this does not justify the use of terroristic methods by any group against the unarmed civilian population; and

        Thirdly, the international community must deal with the terrorist menace with the severity it deserves in a well-coordinated global strategy but one which should be carried out in a fair, objective and non-selective manner and without politicising the issue.

Mr. President,

4. The fight against international terrorism is a global effort involving member states of this Organisation and other international and regional organisations. The Non-Aligned Movement, in the Durban Declaration of 1998, has clearly enunciated its collective position on the need to promote international cooperation in combating terrorism which, inter alia, should be pursued in accordance with the principles of international law and the respect for the sovereignty and territorial integrity of States. The Organisation of The Islamic Conference (OIC) has also taken its own initiative on this matter through its Resolution 59/26-P on the Follow-Up of The Code of Conduct For Combating International Terrorism and the Convention of the OIC on Combating International Terrorism as contained in document S/1999/1204 of 29 November 1999. The Legal Counsel has alluded to the OIC initiative in his briefing paper. Malaysia as a member of the two organizations fully subscribes to these positions.

5. Over the past four years, the General Assembly’s Ad Hoc Committee in which we participate actively, has achieved remarkable results in strengthening legal measures against terrorism particularly with the adoption of the International Convention for the Suppression of Terrorist Bombings in 1997 and the International Convention for the Suppression of the Financing of Terrorism in 1999.

6. We are pleased to note that the Ad Hoc Committee this year has started its consideration of the Indian-initiated draft Comprehensive Convention on International Terrorism. We are gratified to note, too, that the draft was well received by Member States although a number of issues have yet to be resolved before it could be adopted. In this regard, we feel that it is imperative that the question of the definition of terrorism be addressed in serious fashion so that an acceptable definition could be included in the said draft Convention. A universally agreed definition of terrorism is important not only to clear up any ambiguity about the term but also to facilitate greater and more comprehensive and coordinated cooperation by States in combating this menace. In this regard we would urge for a truly comprehensive approach in the elaboration of the convention on terrorism in the 6th Committee.

7. Malaysia is also seriously concerned at the ever present danger of nuclear terrorism. We continue to believe that ultimately the most effective way of preventing what would be catastrophic consequences of acts of nuclear terrorism is the total elimination of nuclear weapons, and hence, the importance we attach to nuclear disarmament, leading to the ultimate elimination of all nuclear weapons. Notwithstanding this, we commend the Russian Federation for its initiative and look forward to the early completion of the work on the draft convention for the suppression of Acts of Nuclear Terrorism and to its eventual adoption, thereby making the world a little safer – though not entirely safe – from the possible use of nuclear weapons.

8. Finally, Mr. President, my delegation fully concurs with the observation by the Legal Counsel that ultimately the fight against terrorism must be seen in terms of practical cooperation. This, undoubtedly, is a fundamental requirement that should be incorporated in any international legal instrument concerning terrorism in order to establish clear guidelines governing states cooperation in the fight against terrorism. We should also recognise the important role of regional and sub-regional organisations in addressing the issue and to encourage and support them in complementing efforts made at the global level.

Thank you.


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