1. UNGA RES 44/29 REQUESTED THE SYG TO SEEK MEMBERS VIEWS ON INTERNATIONAL TERRORISM) INCLUDING THE POSSIBILITY OF CONVENING, UNDER UN AUSPICES, AN INTERNATIONAL CONFERENCE TO DEFINE TERRORISM. PER REF A, THE DEPARTMENT RECEIVED THE NOTE DATED DECEMBER 14, 1990 FROM THE SECRETARY GENERAL OF THE UNITED NATIONS REQUESTING THE VIEWS OF THE PERMANENT REPRESENTATIVE OF THE UNITED STATES ON THIS

ISSUE NO LATER THAN APRIL 15, 1991.

2. ACTION REQUESTED: USMISSION SHOULD DELIVER THE FOLLOWING RESPONSE TO THE SYG BY APRIL 15, 1991.

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THE PERMANENT REPRESENTATIVE OF THE UNITED STATES OF AMERICA PRESENTS HIS COMPLIMENTS TO THE SECRETARY-GENERAL OF THE UNITED NATIONS AND HAS THE HONOR TO REFER TO HIS NOTE LA/COD/11 OF 9 MARCH 1990 SEEKING MEMBERS VIEWS AND COMMENTS ON THE IMPLEMENTATION OF UNGA RESOLUTION 44/29 OF 4 DECEMBER 1989, WHICH REQUESTS THE SECRETARY GENERAL TO SEEK THE VIEWS OF MEMBER STATES ON TERRORISM AND ON WAYS AND MEANS OF COMBATTING IT, INCLUDING INTER ALIA THE CONVENING OF AN INTERNATIONAL CONFERENCE UNDER THE AUSPICES OF THE U.N. TO DEFINE TERRORISM AND DIFFERENTIATE IT FROM THE STRUGGLE OF PEOPLES OF NATIONAL LIBERATION.

THE UNITED STATES BELIEVES THAT A CONFERENCE TO DEFINE TERRORISM AND DISTINGUISH IT FROM NATIONAL LIBERATION MOVEMENTS WOULD NOT BE USEFUL. IT WOULD ADDRESS A QUESTION ON WHICH THERE IS LITTLE POSSIBILITY OF ACHIEVING CONSENSUS. BEGINNING WITH THE 1937 LEAGUE OF NATIONS CONVENTION FOR THE PREVENTION AND PUNISHMENT OF TERRORISM, THE INTERNATIONAL COMMUNITY HAS REPEATEDLY FAILED IN ITS EFFORTS TO REACH CONSENSUS ON A GENERIC DEFINITION OF TERRORISM. CONVENING A CONFERENCE TO REVISIT THIS QUESTION ONCE AGAIN WOULD LIKELY RESULT IN A NONPRODUCTIVE DEBATE AND WOULD DIVERT THE U.N.'S ATTENTION AND RESOURCES FROM EFFORTS TO DEVELOP EFFECTIVE, CONCRETE MEASURES AGAINST TERRORISM.

IN RESPONSE TO THE DIFFICULTY IN REACHING CONCENSUS ON A GENERIC DEFINITION OF TERRORISM, THE INTERNATIONAL COMMUNITY HAS INSTEAD CONCLUDED A SERIES OF INDIVIDUAL CONVENTIONS THAT IDENTIFY SPECIFIC CATEGORIES OF ACTS WHICH THE ENTIRE INTERNATIONAL COMMUNITY CONDEMN, REGARDLESS OF THE MOTIVES OF THE PERPETRATORS AND WHICH REQUIRE STATES PARTIES TO CRIMINALIZE THE SPECIFIED CONDUCT, PROSECUTE OR EXTRADITE THE TRANSGRESSORS) AND COOPERATE WITH OTHER STATES FOR THE EFFECTIVE IMPLEMENTATION OF THESE DUTIES. AS LISTED IN RESOLUTION 44/29, THESE CONVENTIONS COVER AIRCRAFT SABOTAGE, AIRCRAFT HIJACKING, ATTACKS AGAINST OFFICIALS AND DIPLOMATS, HOSTAGE-TAKING, THEFT OR UNLAWFUL USE OF NUCLEAR MATERIAL, VIOLENCE AT AIRPORTS, AND CERTAIN ATTACKS ON OR AGAINST SHIPS AND FIXED PLATFORMS. BY FOCUSING UPON SPECIFIC TYPES OF ACTIONS WHICH ARE INHERENTLY UNACCEPTABLE, RATHER THAN ON QUESTIONS OF MOTIVATION OR CONTEXT, THIS APPROACH HAS ENABLED THE INTERNATIONAL COMMUNITY TO MAKE SUBSTANTIAL PROGRESS IN THE EFFORT TO USE LEGAL TOOLS TO COMBAT TERRORISM. THE UNITED STATES IS CONCERNED THAT AN INTERNATIONAL CONFERENCE TO DEFINE TERRORISM AND TO DIFFERENTIATE IT FROM THE STRUGGLES OF NATIONAL LIBERATION MOVEMENTS MIGHT SEND AN AMBIGUOUS SIGNAL WHICH WOULD UNDERCUT THE INTERNATIONAL COMMUNITY'S CONSENSUS THAT THE ACTS PROSCRIBED BY THE INTERNATIONAL ANTI-TERRORISM

CONVENTIONS ARE UNACCEPTABLE WHATEVER THE RATIONALE OR CONTEXT.

RATHER THAN REVIVING A NONPRODUCTIVE DEBATE OVER A GENERIC DEFINITION OF TERRORISM, THE UNITED STATES BELIEVES THE U.N. SHOULD CONCENTRATE ON THE PRACTICAL IMPLEMENTATION OF RESOLUTION 44/29, WHICH UNEQUIVOCALLY CONDEMNED AS CRIMINAL AND NOT JUSTIFIABLE ALL ACTS, METHODS AND PRACTICES OF TERRORISM WHEREVER AND BY WHOMEVER COMMITTED; CALLED FOR THE IMMEDIATE AND SAFE RELEASE OF ALL HOSTAGES AND FOR ALL STATES TO USE THEIR POLITICAL INFLUENCE TO ACCOMPLISH THAT END; CALLED ON ALL STATES TO FULFILL THEIR OBLIGATIONS UNDER INTERNATIONAL LAW BY REFRAINING FROM ORGANIZING, INSTIGATING, ASSISTING, PARTICIPATING IN, ENCOURAGING, OR ACQUIESCING IN TERRORIST ACTIVITIES OR PREPARATIONS; URGED ALL STATES TO ADHERE TO THEIR OBLIGATIONS UNDER EXISTING INTERNATIONAL ANTI-TERRORISM CONVENTIONS TO PROSECUTE OR EXTRADITE OFFENDERS AND TO COOPERATE IN THE APPREHENSION AND PROSECUTION OF OFFENDERS; AND APPEALED TO ALL STATES THAT HAVE NOT YET DONE SO TO BECOME PARTY TO THE EXISTING INTERNATIONAL ANTI-TERRORISM CONVENTIONS.

IN THIS REGARD, THE UNITED STATES NOTES THAT WHILE NEARLY EVERY U.N. MEMBER STATE IS PARTY TO THE AIRCRAFT SABOTAGE CONVENTION, THE AIRCRAFT HIJACKING CONVENTION, AND THE CONVENTION ON THE PREVENTION AND PUNISHMENT OF CRIMES AGAINST INTERNATIONALLY PROTECTED PERSONS, LESS THAN HALF OF THE U.N. MEMBER STATES HAVE BECOME PARTY TO THE HOSTAGE TAKING CONVENTION, LESS THAN A THIRD HAVE RATIFIED THE CONVENTION ON THE PHYSICAL PROTECTION OF NUCLEAR MATERIALS, AND ONLY A HANDFULL OF COUNTRIES HAVE RATIFIED THE IMO MARITIME TERRORISM CONVENTION AND THE ICAO AIRPORT SECURITY PROTOCOL. THE UNITED STATES FIRMLY BELIEVES THAT IN ORDER THAT THESE ANTI-TERRORISM CONVENTIONS BE MADE MORE EFFECTIVE' PARTIES TO THESE CONVENTIONS SHOULD TAKE ALL APPROPRIATE STEPS TO ENCOURAGE NON-PARTIES TO ACCEDE TO THEM, AND PARTIES SHOULD USE THEIR POLITICAL INFLUENCE TO ENCOURAGE OTHER PARTIES TO ABIDE BY THEIR OBLIGATIONS UNDER THESE CONVENTIONS.

IN SUM, THE UNITED STATES BELIEVES U.N. MEMBER STATES NEED TO MAKE THESE PRACTICAL MEASURES THEIR PRIORITY RATHER THAN TO PURSUE THE CONVENING OF A CONFERENCE WHICH IS MORE LIKELY TO UNDERMINE THAN STRENGTHEN THE INTERNATIONAL CONSENSUS WITH REGARD TO TERRORISM. THE PERMANENT

REPRESENTATIVE OF THE UNITED STATES OF AMERICA APPRECIATES THIS OPPORTUNITY TO COMMENT ON THE IMPLEMENTATION OF RESOLUTION 44/29. (COMPLIMENTARY CLOSE)

END TEXT OF NOTE

3. PLEASE POUCH A COPY OF THE NOTE TO THE DEPARTMENT FOR L/LEI (RM 5419A). KIMMITT