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International legal basis for combating terrorism

16 universal conventions and protocols
Resolutions of the UN Security Council
Measures adopted by the Council of Europe
Cooperation with the European Union

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.

16 universal conventions and protocols
In the past 40 years the UN has adopted 16 universal conventions and protocols to combat specific forms of terrorism. Switzerland has already ratified all 16 of these conventions and protocols.
A committee of the UN General Assembly has been negotiating a comprehensive convention for the suppression of international terrorism since 2000. It is intended to close gaps in the combating of terrorism. However, the negotiations have been stuck for some time over the disputed question of the extent to which the convention should apply to government armed forces and liberation movements.
Switzerland supports early adoption of the convention with due respect for human rights and humanitarian international law.
Resolutions of the UN Security Council
The UN Security Council has repeatedly designated terrorism as a threat to world peace and international security. Different resolutions obligate UN member states to suppress and combat terrorism and the financing of terrorism (Resolutions 1267, 1373 and 1540).

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.
Measures adopted by the Council of Europe
Since 11 September 2001, the Council of Europe has also paid greater attention to combating terrorism. Its focus is on preserving human rights, democracy and the rule of law. In November 2001, the Council of Europe decided to establish a multidisciplinary Working Group Terrorism. Since February 2003, a group of experts (CODEXTER) has been working on the further development of legal instruments against terrorism. Switzerland is an active participant in these negotiations.
To date, the Council of Europe has adopted three conventions against terrorism. These complement earlier conventions of the Council of Europe on legal assistance in criminal cases and extradition. They close gaps in areas that have not been universally regulated.
Another significant addition is the Council of Europe’s Guidelines on human rights and the fight against terrorism adopted on 15 July 2002, which constitute an important practical complement to the European Human Rights Convention.
Cooperation with the European Union

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.