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International legal basis for combating terrorism
Today, there are numerous international agreements and treaties on terrorism:
- conventional agreements on cross-border crime
- bilateral legal assistance and extradition treaties and treaties on police cooperation between Switzerland and other states
- specific United Nations conventions and resolutions on terrorism
At the same time, compliance with human rights and international law places limits on what states can do to fight terrorism. The legal basis for this is customary international law, binding international law and the international conventions on the protection of human rights, the rights of refugees and humanitarian international law. The basic rules governing the use of force are laid down in the UN Charter.
At the UN, decisions on fighting terrorism are taken primarily by the General Assembly and the Security Council. More than 20 UN organizations deal with the prevention and combating of terrorism. In September 2006, the General Assembly, building on a report of the UN Secretary-General, adopted a Global Counter-Terrorism Strategy.
Switzerland supports early adoption of the convention with due respect for human rights and humanitarian international law.
The Security Council has imposed financial and travel sanctions on members of Al-Qaeda and the Taliban and on persons connected to them. Switzerland has incorporated these obligations in Swiss law. It also provides other states with technical support in implementing the resolutions. Different committees monitor the implementation of the resolutions. Switzerland cooperates closely with them.
Switzerland has submitted proposals to the Security Council to improve the counter-terrorism measures while at the same time preserving human rights.
Switzerland cooperates with the European Union (EU) in the fight against terrorism:
- within Europol: exchange of information, operational and strategic analysis of terrorist structures, advice and support in investigations and the stationing of police liaison officers
- On security cooperation within the Schengen Agreement: police cooperation, legal assistance in criminal cases
Over and above this, there is regular contact between Swiss and European security and intelligence services.
