Council for Security Cooperation in the Asia-Pacific

MEMORANDUM

7THE RELATIONSHIP BETWEEN TERRORISM
AND TRANSNATIONAL CRIME
Memorandum objectives
This memorandum notes the long-standing relationship and complex links between transnational crime
and terrorism continues around the world, and recommends prevention and enforcement strategies toassist in counteracting these global problems to CSCAP member countries individually as states, andcollectively as the Asia Pacific Region. Specifically the memorandum emphasises that terrorist acts arecrimes, and that terrorist groups commit transnational crimes in advancing their objectives.

Definitions
It is accepted that definitions can be highly contentious and that terrorism has many contexts andhistories, as do transnational criminal activities. It is also recognised that some tactics used by criminalgroups can cause ‘terror’ in their victims, but inducing terror per se should not be equated with engaging interrorist activities, or be the basis for linking transnational crime to terrorist groups. For the purpose of thismemorandum CSCAP has relied on the following working definition for terrorism1:
Criminal acts intended to provoke terror in the general public to advance a political cause.
And, a working definition of transnational crime as:
Crime that impacts on more than one jurisdiction.2

Transnational crime and terrorism
In all countries the practice of terrorism involves the commission of some criminal acts. The activities ofterrorist groups are linked to transnational crime in two distinct ways:▪
▪

the terrorist activity is itself a criminal activity and may impact on more than one jurisdiction; andthe terrorist groups commit other transnational crimes in advancing their objectives.

At its core an international terrorist act is a crime, and thus responses need to be co-ordinated under arobust and principled international legal framework. Focusing on the criminal aspects of terrorism provides
governments with the legal mandate to act against terrorist activity by using all appropriate agencies touphold the rule of law. Improved co-ordination of government resources to combat terrorism is not anargument for the weakening of the separation of coercive powers between agencies of the state, and1

Abridged and adapted from the United Nations definition (GA Res. 51/210 Measures to eliminate international terrorism).

2

Adapted from the United Nations Convention on Transnational Organised Crime

Council for Security Cooperation in the Asia-Pacific
Memorandum 7 – The relationship between terrorism and transnational crime1recognises that combating terrorism and transnational crime at times will involve a whole of government
approach that may well include the private security industry, non-government groups and the community.
Recent changes in global politics have seen attitudes towards the sponsorship of terrorist type groups bysome states shift significantly. The loss of such support for some terrorist groups, and their ongoing needfor funds, has seen a closer relationship between terrorist groups and criminal activities develop. Recent
probes into terrorist groups show they are engaged in a range of criminal activity for profit, such as theinternational manufacture and supply of drugs, people smuggling and money laundering3. These illicit
activities provide funds to support the terrorist organisations in the achievement of their objectives.
Further the equipment, arms, and potentially even weapons of mass destruction, are known to have beensought by terrorist groups from transnational criminals who operate illegal markets for a range of
dangerous commodities.

The importance of human security
A fundamental principle of a credible and sustainable international response to both terrorism andtransnational crime will rely on observing principles of human security whilst upholding the rule of law.
Human security advocates a holistic state and civil society approach that targets the actual problem, crisis,or threat rather than the rhetoric of the dilemma. An appropriate response, in keeping with a humansecurity perspective, may involve the military, may even involve ‘war’, but will be most mindful of the longterm security and wellbeing of citizens and broader communities.
Understanding linkages between terrorism and transnational crime is of more than theoretical importance.
If the links are not acknowledged, there is a risk of nations approaching terrorism in a way that will not bein the interests of human security, and risks duplicating efforts between the significant resources alreadyexisting in criminal justice systems and those special agencies established to specifically counterterrorism. The question is often not the importance of the link between terrorism and transnational crime,
but rather the nature of the terrorist operation and thus the nature of the criminal act. Criminal or terrorist
linked information derived from the civil police, the military or national security agencies must supply theobjective and verifiable intelligence that is required to ‘understand’ the nature of the terrorist group that is
the subject of enforcement efforts. Such an approach is supported both morally and legally by theinternational community, and required to adduce admissible evidence in courts of law.

Recommendations
Terrorism is a crime and requires a response in keeping with human security principles and international
justice. Practical actions to strengthen regional positions against terrorism and transnational crime havebeen promulgated by different international bodies, however, these initiatives are not fully implemented in
the region, accordingly:
As a regional priority CSCAP member countries are encouraged to:endorse and implement the UN Conventions and Protocols, and the supporting regional agreements,
against terrorism and transnational crime. (Attachment A)
implement the 40 recommendations of the Financial Action Task Force (FATF), and the eightrecommendations of the FATF extraordinary meeting of 30 October, 2001. Support the activities of theFATF and other relevant anti money laundering institutions and where necessary:-seek relevant technical and legal expertise to ensure that national commitments are translated
into effective national programs.

-ensure sufficient resources are allocated to anti-money laundering units so that they can function
effectively in identifying terrorist financing.

3 In 2001, the FATF identified the following major sources of terrorist funding: Drug production and trafficking; Extortion; Kidnapping
for ransom; Robberies, especially bank robberies; Fraud, especially credit card fraud; Illicit gambling operations; Smuggling andtrafficking in counterfeit goods; Direct sponsorship by states; Contributions and donations; Sale of publications (legal and illegal);
Legitimate business activities. To this list could be added: Illicit trafficking in firearms and diamonds; Human smuggling and sex
trafficking; Manipulation of the stock market and technology crimes.

Council for Security Cooperation in the Asia-PacificMemorandum 7 – The relationship between terrorism and transnational crime2

As matters of importance CSCAP member countries are encouraged to:develop practical processes linking ASEAN activities with other sub-regional groupings, recognising thatcriminality and terrorism know no boundaries. Such links will be especially fruitful between ASEAN andNorth Asia, ASEAN and South/South West Asia, ASEAN and Eurasia, ASEAN and North America andASEAN and Oceania.
support the development of assistance packages to poorly resourced jurisdictions to strengthen domestic
resistance to transnational crime and terrorism and enable them to participate fully in regional activities tocounter crime and terrorism.
develop strategic partnerships with leading national crime agencies to ensure CSCAP has access to thebest information and guidance for Track Two policy development. These secure relationships will support
Working Group research aimed at a better appreciation of the inter-regional links of terrorist groups andtheir financial networks.
contribute through CSCAP Working Groups the development of a resource and information dissemination
strategy that will promote best practice in the investigation of terrorist groups and related incidents. Thismay include CSCAP members participating in the development of resources, information systems and thedelivery of regional training programs.
July 2003

Council for Security Cooperation in the Asia-Pacific
Memorandum 7 – The relationship between terrorism and transnational crime3Council for Security Cooperation in the Asia-Pacific
Memorandum 7 – The relationship between terrorism and transnational crime
PROTOCOL AGAINST THE ILLICITMANUFACTURING OF AND TRAFFICKING IN
FIREARMS, THEIR PARTS AND AMMUNITIONPROTOCOL AGAINST SMUGGLING OFMIGRANTS BY LAND, SEA AND AIR.

TERRORISM RELATED AGREEMENTS IDENTIFIEDBY THE UNITED NATIONSPROTOCOL TO PREVENT, SUPPRESS AND
PUNISH TRAFFICKING IN PERSONS,ESPECIALLY WOMEN AND CHILDRENUN CONVENTION AGAINST TRANSNATIONALORGANIZED CRIMEINTERNATIONAL CONVENTION FOR THESUPPRESSION OF THE FINANCING OF
TERRORISM 1999

INTERNATIONAL CONVENTION FOR THESUPPRESSION OF TERRORIST BOMBING –NEW YORK 1998CONVENTION ON THE MAKING OF PLASTICEXPLOSIVES FOR THE PURPOSE OFIDENTIFICATION – MONTREAL 1991PROTOCOL FOR THE SUPPRESSION OFUNLAWFUL ACTS AGAINST THE SAFETY OFFIXED PLATFORMS LOCATED ON THECONTINENTAL SHELFCONVENTION FOR THE SUPPRESSION OF
UNLAWFUL ACTS AGAINST THE SAFETY OFMARITIME NAVIGATIONPROTOCOL FOR THE SUPPRESSION OF
UNLAWFUL ACTS OF VIOLENCE ATAIRPORTS SERVING INTERNATIONAL CIVILAVIATION – 1998

INTERNATIONAL CONVENTION AGAINST THETAKING OF HOSTAGES –NEW YORK 1979

INTERNATIONAL CONVENTION AGAINST THETAKING OF HOSTAGES –NEW YORK 1979

CONVENTION ON THE PREVENTION ANDPUNISHMENT OF CRIMES AGAINSTINTERNATIONALLY PROTECTED PERSONS –NEW YORK 1973

CONVENTION FOR THE SUPPRESSION OFUNLAWFUL ACTS AGAINST THE SAFETY OFCIVIL AVIATION – SIGNED AT MONTREAL 1971

CONVENTION FOR THE SUPPRESSION OFUNLAWFUL SEIZURE OF AIRCRAFT - THE
HAGUE CONVENTION 1970

CONVENTION ON OFFENCES AND CERTAINOTHER ACTS COMMITTED ON BOARDAIRCRAFT – TOKYO CONVENTION 1963

SIGNATORIES AND/OR PARTIES TO INTERNATIONAL TERRORISM & TRANSNATIONAL CRIME AGREEMENTS
ASEAN REGIONAL FORUM AND OTHER ASIA AND PACIFIC STATES*Attachment ATRANSNATIONAL CRIMEUN AGREEMENTSAustraliaxxxxxxxxxxxxx
Brunei Darussalamxxxxxxxx
Cambodia
xxxxxxxx
Canadaxxxxxxxxxxxxxxx
DPR Korea
xxxxxxxIndia
xxxxxxxxxxxx
Indonesia
xxxxxxxxx
Japanxxxxxxxxxxxxx
Laosxxxxx
Malaysia
xxxxx
Mongolia
xxxxxxxxxx
MyanmarxxxxxxNew Zealandxxxxxxxxxxxx
Papua New Guinea
xxxx
P.R. Chinaxxxxxxxxxxxxx
Philippines
xxxxxxxxxxxx
Republic of Korea
xxxxxxxxxxxxx
Singaporexxxxxxx
Thailandxxxx
xxxx
USAxxxxxx
xxxxxxxxx
Vietnamxxx
xxxxxx*Data verified on 13 March 2003 from open source websites at http://www.undcp.org; http://www.icao.int/; http://untreaty.un.org/; http://www.imo.org/; http://www.iaea.org/
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