XV. SHIP SEIZED NOVEMBER 6,1987
On 6 November 1987 the Israeli naval forces seized a ship off the Lebanon coast, en route to Tyre and kidnapped Hilal Bitar, whose fate is unknown.
XVI. NADIJA (HONDURAS)
A Honduran-flagged boat, Nadija was seized by Israeli naval forces, on 16 November 1987, between Limassol, Cyprus and Port Sa'id,Egypt, while en route to North Yemen. This is the latest of the known cases of Israeli kidnappings on the high sea during the 1985-1988 period, and the incident was widely reported in the Hebrew and Arab press. According to official Israeli sources, "several" of the Nadija's passengers were arrested, and no further information has been released. However, the Committee against State Terrorism at Sea has since learnt of five Nadija passengers currently held in Israeli jails, including two whose identities and place of detention have been confirmed. At the time this report was being written, Ala' al-Din Muhammad 'Arafat al-Qidwah and Hisham Mustafa 'Abid had been interrogated for fourteen days in Jalamah Detention center. The two have been placed under three months administrative detention without charge, and were scheduled to appear before military court on 29 February 1988. On 1 March, the court did not charge the two, but extended their administrative detention to 9 April 1988.
APPENDIX
UNITED NATIONS GENERAL ASSEMBLY RESOLUTION 42/159 (7 DECEMBER 1987)
42/159 Measures to prevent international terrorism which endangers or takes innocent human lives or jeopardizes fundamental freedoms and study of the underlying causes of those forms of terrorism and acts of violence which lie in misery, frustration, grievance and despair and which cause some people to sacrifice human lives, including their own, in an attempt to effect radical changes:
(a) Report of the Secretary-General;
(b) Convening, under the auspices of the United Nations, of an international conference to define terrorism and to differentiate it from the struggle of peoples for national liberation
Date: 7 December Meeting 94
Vote: 153-2-1 (recorded) Report: A/42/832
The General Assembly,
Recalling its resolution 3034 (XXVII) of 18 December 1972, 31/102 of 15 December 1976, 32/147 of 16 December 1977,34/145 of 17 December 1979, 36/109 of 10 December 1981 and 38/130 of 19 December 1983,
Reaffirming its resolution 40/61 of 9 December 1985, adopted without a vote, and its importance in the consideration of the question of international terrorism and, in particular, in the strengthening of co-operation in preventing and eliminating terrorism,
Recalling the recommendations of the Ad Hoc Committee on International Terrorism contained in its report to the General Assembly at its thirty-fourth session, 68/
Recalling also the Declaration on Principles of International Law concerning Friendly Relations and Co-operation among States in accordance with the Charter of the United Nations, 691 the Declaration on the Strengthening of International Security, 701 the Definition of Aggression 711 and relevant instruments on international humanitarian law applicable in armed conflict,
Further recalling the existing conventions relating to various aspects of the problem of international terrorism, inter alia, the Convention on Offences and Certain Other Acts Committed on Board Aircraft, signed at Tokyo on 14 September 1963, 72/ the conventions for the Suppression of Unlawful Seizure of Aircraft, signed at The Hague on 16 December 1970, 73/ the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation signed at Montreal on 23 September 1971, 74/ the Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents, signed at New York on 14 December 1973, 75/ the International Convention against the Taking of Hostages, adopted at New York on 17 December 1979, 76/ as well as the Convention on the Physical Protection of Nuclear Material, concluded at Vienna on 3 March 1980,
Convinced of the importance of the observance by States of their obligations under the relevant international conventions to ensure that appropriate law enforcement measures are taken in connection with the offences addressed in those conventions,
Deploring the continuation of all terrorist acts, including those in which States are directly or indirectly involved, which spread violence and terror, may result in loss of human lives and material damage and jeopardize the normal functioning of international relations,
Deeply disturbed by the world-wide persistence of those acts of intemational terrorism which can pose a threat to intemational peace and security and to friendly relations among States,
Convinced of the importance of expanding and improving international co-operation among States, on a bilateral, regional and multilateral basis, which will contribute to the elimination of acts of intemational terrorism and their underlying causes and to the prevention and elimination of this criminal scourge,
Convinced that international co-operation in combating and preventing terrorism will contribute to the strengthening of confidence among States, reduce tensions and create a better climate among them.
Reaffirming also the inalienable right of self-determination and independence of all peoples under colonial and racist regimes and other forms of alien domination, and upholding the legitimacy of their struggle, in particular the struggle of national liberation movements, in accordance with the purposes and principles of the Charter and of the Declaration on Principles of International Law concerning Friendly Relations and Co-operation among States in accordance with the Charter of the United Nations,
Noting the efforts and important achievements of the International Civil Aviation Organization and the Intemationa1 Maritime Organization in promoting the security of international air and sea transport against acts of terrorism, consistent with General Assembly resolution 40/61,
Appealing to all States to take all appropriate steps to prevent terrorist attacks against various forms of public transport,
Urging all States to take effective measures, in accordance with established principles of intemational law, in order that all acts, methods and practices of international terrorism may be brought to an end,
Mindful of the necessity of maintaining and safeguarding the basic rights of the individual in accordance with the relevant international human rights instruments andgenerally accepted international standards,
Recognizing that the effectiveness of the struggle against terrorism could be enhanced by establishing a generally agreed upon definition of international terrorism,
Taking into account the proposal made at the forty-second session to hold an intemational conference on international terrorism, as referred to in agenda item 126(b),
Taking note of the report of the Secretary-General, 77/
I. Unequivocally condemns once again, as criminal, all acts, methods and practices of terrorism wherever and by whomever committed, including those which jeopardize friendly relations among States and their security;
2. Deeply deplores the loss of human lives which result from such acts of terrorism;
3. Also deplores the pernicious impact of acts of intemational terrorism on relations of co-operation among States, including co-operation for development;
4. Calls upon all States to fulfill their obligations under international law to refrain from organizing, instigating, assisting or participating in terrorist acts in other States, or acquiescing in activities within their territories directed towards the commission of such acts;
5. Urges all States to fulfil their obligations under international law and to take effective and resolute measures for the speedy and final elimination of international terrorism and, to that end:
(a) To prevent the preparation and organization in their respective territories for the commission within or outside their territories of terrorist acts and subversive acts directed against other States and their citizens;
(b) To ensure the apprehension, prosecution or extradition of perpetrators of terrorist acts;
(c) To endeavour to conclude special agreements to that effect on bilateral, regional or multilateral basis;
(d) To co-operate with one another in exchanging relevant information concerning the prevention and combatting of terrorism;
(e) To harmonize their domestic legislation with the existing intemational conventions on this subject to which they are parties;
6. Appeals to all States that have not done so to consider becoming part to the international conventions relating to various aspects of international terrorism referred to in the preamble to the present resolution;
7. Urges all States not to allow any circumstances to obstruct the application of appropriate law enforcement measures provided for in the relevant conventions to which they are party to persons who commit acts of international terrorism covered by those conventions;
8. Urges all States, unilaterally and in co-operation with other States, as well as relevant United Nations organs, to contribute to the progressive elimination of the causes underlying international terrorism and to pay special attention to all situations, including colonialism, racism and situations involving mass and flagrant violations of human rights and fundamental freedoms and those involving alien domination and occupation, that may give rise to international terrorism and may endanger intemational peace and security;
9. Welcomes the efforts undertaken by the International Civil Aviation Organization aimed at promoting universal acceptance of and strict compliance with international airsecurity regulations, and its ongoing work on a new instrument for the suppression of unlawful acts of violence at airports serving international civil aviation;
10. Also welcomes the work undertaken by the lnternational Maritime Organization on the problem of terrorism on board or against ships, and the initiative under way to draft instruments on the suppression of unlawful acts against the safety of maritime navigation and of fixed platforms on the continental shelf;
11. Requests the other relevant specialized agencies and intergovernmental organizations, in particular the Universal Postal Union, the World Tourism Organization and the International Atomic Energy Agency, within their respective competence, to consider what further measures can usefully be taken to combat and eliminate terrorism;
12. Requests the Secretary-General to seek the views of Member States on international terrorism in all its aspects and on ways and means, of combatting it, including, inter aha, the convening, under the auspices of the United Nations, of an intemational conference to deal with international terrorism in the light of the proposal referred to in the penultimate preambular paragraph of the present resolution;
13. Further requests the Secretary-General to follow up, as appropriate, the implementation of the present resolution and to submit a report to the General Assembly at its fortyfourth session;
14. Considers that nothing in the present resolution could in any way prejudice the right to self-determination, freedom and independence, as derived from the Charter of the United Nations, of peoples forcibly deprived of that right referred to in the Declaration on Principles of International Law concerning Friendly Relations and Co-operation among States in accordance with the Charter of the United Nations, particularly peoples under colonial and racist regimes and foreign occupation or other forms of colonial domination, nor, in accordance with the principles of the Charter and in conformity with the above-mentioned Declaration, the right of these peoples to struggle to this end and to seek and receive support:
15. Decides to include the item in the provisional agenda of its forty-fourth session.
RECORDED VOTE ON RESOLUTION 42/159
In Favour: Afghanistan, Albania, Algeria, Angola, Antigua and Barbuda, Argentina, Australia, Austria, Bahamas, Bahrain. Bangladesh, Barbados, Belgium, Benin, Bhutan, Bolivia, Botswana, Brazil, Brunei Darussalam, Bulgaria, Burkina Faso, Burma, Burundi, Byelorussia. Cameroon, Canada, Cape Verde, Central African Republic, Chad, Chile, China, Colombia, Comoros, Congo, Costa Rica, Cote d7- Ivoire, Cuba, Cyprus, Czechoslovakia, Democratic Kampuchea, Democratic Yemen, Denmark, Djibouti, Dominican Republic, Ecuador, Egypt, El Salvador, Equatorial Guinea, Ethiopia, Fiji, Finland, France, Gabon, Gambia, German Democratic Republic, Federal Republic of Germany, Ghana, Greece, Grenada, Guatemala, Guinea, Guinea-Bissau, Guyana, Haiti, Hungary, Iceland, India, Indonesia, Iran, Iraq, Ireland, Italy, Jamaica, Japan, Jordan, Kenya, Kuwait, Lao People's Democratic Republic, Lebanon, Lesotho, Liberia, Libya, Luxembourg, Madagascar, Malawi, Malaysi, Maldives, Mali, Malta, Mauritania, Mauritius, Mexico, Mongolia, Morocco, Mozambique, Nepal, Netherlands, New Zealand, Nicaragua, Niger, Nigeria, Norway, Oman, Pakistan, Panama, Papua New Guinea, Paraguay, Peru, Philippines, Poland, Portugal, Qatar, Romania, Rwanda, Saint Lucia, Saint Vincent, Samoa, Sao Tome and Principe, Saudi Arabia, Senegal, Seychelles, Sierra Leon, Singapore, Solomon Islands, Somalia, Spain, Sri Lanka, St. Kitts and Nevis, Sudan, Suriname, Swaziland, Sweden, Syria, Thailand, Togo, Trinidad and Tobago, Tunisia, Turkey, Uganda, Ukraine, USSR, United Arab Emirates, United Kingdom, United Republic of Tanzania, Uruguay, Vanuata, Venezuela, Viet Nam, Yemen, Yugoslavia, Zaire, Zambia, Zimbabwe.
Against: Israel, United States.
Abstaining Honduras.
Absent: Belize, Dominica.
NOTES
1. L. Oppenheim, ed., International law, edited by H. Lauterpacht, Eighth Edition (London: Longmans, Green & Co., 19551, volume 1, p. 609.
2. Ibid., p. 611.
3. Harvard Research in International Law, "Draft Convention on Piracy ," American Journal of lrtternational Law, Supplement, 1932, volume 26, p. 743.
4. Sunday Times, London, January 11, 1987.
5. Ibid.
6. Encyclopaedia Britannica (New York: 1973), volume 17, p. 1101.
7. Committee against State Terrorism at Sea, State Terrorism at Sea: A Preliminary Report on the Case of Israel (Jerusalem: Data- Base Project on Palestinian Human Rights, the Arab Studies Society and the International Organization for the Elimination of All Forms of Racial Discrimination, 1988), pp. 4-5.
8. Ibid.
9. NGO Resolution, Geneva, September 9, 1987.
10. UN General Assembly Resolution 42/159, December 7, 1987.
On 6 November 1987 the Israeli naval forces seized a ship off the Lebanon coast, en route to Tyre and kidnapped Hilal Bitar, whose fate is unknown.
XVI. NADIJA (HONDURAS)
A Honduran-flagged boat, Nadija was seized by Israeli naval forces, on 16 November 1987, between Limassol, Cyprus and Port Sa'id,Egypt, while en route to North Yemen. This is the latest of the known cases of Israeli kidnappings on the high sea during the 1985-1988 period, and the incident was widely reported in the Hebrew and Arab press. According to official Israeli sources, "several" of the Nadija's passengers were arrested, and no further information has been released. However, the Committee against State Terrorism at Sea has since learnt of five Nadija passengers currently held in Israeli jails, including two whose identities and place of detention have been confirmed. At the time this report was being written, Ala' al-Din Muhammad 'Arafat al-Qidwah and Hisham Mustafa 'Abid had been interrogated for fourteen days in Jalamah Detention center. The two have been placed under three months administrative detention without charge, and were scheduled to appear before military court on 29 February 1988. On 1 March, the court did not charge the two, but extended their administrative detention to 9 April 1988.
APPENDIX
UNITED NATIONS GENERAL ASSEMBLY RESOLUTION 42/159 (7 DECEMBER 1987)
42/159 Measures to prevent international terrorism which endangers or takes innocent human lives or jeopardizes fundamental freedoms and study of the underlying causes of those forms of terrorism and acts of violence which lie in misery, frustration, grievance and despair and which cause some people to sacrifice human lives, including their own, in an attempt to effect radical changes:
(a) Report of the Secretary-General;
(b) Convening, under the auspices of the United Nations, of an international conference to define terrorism and to differentiate it from the struggle of peoples for national liberation
Date: 7 December Meeting 94
Vote: 153-2-1 (recorded) Report: A/42/832
The General Assembly,
Recalling its resolution 3034 (XXVII) of 18 December 1972, 31/102 of 15 December 1976, 32/147 of 16 December 1977,34/145 of 17 December 1979, 36/109 of 10 December 1981 and 38/130 of 19 December 1983,
Reaffirming its resolution 40/61 of 9 December 1985, adopted without a vote, and its importance in the consideration of the question of international terrorism and, in particular, in the strengthening of co-operation in preventing and eliminating terrorism,
Recalling the recommendations of the Ad Hoc Committee on International Terrorism contained in its report to the General Assembly at its thirty-fourth session, 68/
Recalling also the Declaration on Principles of International Law concerning Friendly Relations and Co-operation among States in accordance with the Charter of the United Nations, 691 the Declaration on the Strengthening of International Security, 701 the Definition of Aggression 711 and relevant instruments on international humanitarian law applicable in armed conflict,
Further recalling the existing conventions relating to various aspects of the problem of international terrorism, inter alia, the Convention on Offences and Certain Other Acts Committed on Board Aircraft, signed at Tokyo on 14 September 1963, 72/ the conventions for the Suppression of Unlawful Seizure of Aircraft, signed at The Hague on 16 December 1970, 73/ the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation signed at Montreal on 23 September 1971, 74/ the Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents, signed at New York on 14 December 1973, 75/ the International Convention against the Taking of Hostages, adopted at New York on 17 December 1979, 76/ as well as the Convention on the Physical Protection of Nuclear Material, concluded at Vienna on 3 March 1980,
Convinced of the importance of the observance by States of their obligations under the relevant international conventions to ensure that appropriate law enforcement measures are taken in connection with the offences addressed in those conventions,
Deploring the continuation of all terrorist acts, including those in which States are directly or indirectly involved, which spread violence and terror, may result in loss of human lives and material damage and jeopardize the normal functioning of international relations,
Deeply disturbed by the world-wide persistence of those acts of intemational terrorism which can pose a threat to intemational peace and security and to friendly relations among States,
Convinced of the importance of expanding and improving international co-operation among States, on a bilateral, regional and multilateral basis, which will contribute to the elimination of acts of intemational terrorism and their underlying causes and to the prevention and elimination of this criminal scourge,
Convinced that international co-operation in combating and preventing terrorism will contribute to the strengthening of confidence among States, reduce tensions and create a better climate among them.
Reaffirming also the inalienable right of self-determination and independence of all peoples under colonial and racist regimes and other forms of alien domination, and upholding the legitimacy of their struggle, in particular the struggle of national liberation movements, in accordance with the purposes and principles of the Charter and of the Declaration on Principles of International Law concerning Friendly Relations and Co-operation among States in accordance with the Charter of the United Nations,
Noting the efforts and important achievements of the International Civil Aviation Organization and the Intemationa1 Maritime Organization in promoting the security of international air and sea transport against acts of terrorism, consistent with General Assembly resolution 40/61,
Appealing to all States to take all appropriate steps to prevent terrorist attacks against various forms of public transport,
Urging all States to take effective measures, in accordance with established principles of intemational law, in order that all acts, methods and practices of international terrorism may be brought to an end,
Mindful of the necessity of maintaining and safeguarding the basic rights of the individual in accordance with the relevant international human rights instruments andgenerally accepted international standards,
Recognizing that the effectiveness of the struggle against terrorism could be enhanced by establishing a generally agreed upon definition of international terrorism,
Taking into account the proposal made at the forty-second session to hold an intemational conference on international terrorism, as referred to in agenda item 126(b),
Taking note of the report of the Secretary-General, 77/
I. Unequivocally condemns once again, as criminal, all acts, methods and practices of terrorism wherever and by whomever committed, including those which jeopardize friendly relations among States and their security;
2. Deeply deplores the loss of human lives which result from such acts of terrorism;
3. Also deplores the pernicious impact of acts of intemational terrorism on relations of co-operation among States, including co-operation for development;
4. Calls upon all States to fulfill their obligations under international law to refrain from organizing, instigating, assisting or participating in terrorist acts in other States, or acquiescing in activities within their territories directed towards the commission of such acts;
5. Urges all States to fulfil their obligations under international law and to take effective and resolute measures for the speedy and final elimination of international terrorism and, to that end:
(a) To prevent the preparation and organization in their respective territories for the commission within or outside their territories of terrorist acts and subversive acts directed against other States and their citizens;
(b) To ensure the apprehension, prosecution or extradition of perpetrators of terrorist acts;
(c) To endeavour to conclude special agreements to that effect on bilateral, regional or multilateral basis;
(d) To co-operate with one another in exchanging relevant information concerning the prevention and combatting of terrorism;
(e) To harmonize their domestic legislation with the existing intemational conventions on this subject to which they are parties;
6. Appeals to all States that have not done so to consider becoming part to the international conventions relating to various aspects of international terrorism referred to in the preamble to the present resolution;
7. Urges all States not to allow any circumstances to obstruct the application of appropriate law enforcement measures provided for in the relevant conventions to which they are party to persons who commit acts of international terrorism covered by those conventions;
8. Urges all States, unilaterally and in co-operation with other States, as well as relevant United Nations organs, to contribute to the progressive elimination of the causes underlying international terrorism and to pay special attention to all situations, including colonialism, racism and situations involving mass and flagrant violations of human rights and fundamental freedoms and those involving alien domination and occupation, that may give rise to international terrorism and may endanger intemational peace and security;
9. Welcomes the efforts undertaken by the International Civil Aviation Organization aimed at promoting universal acceptance of and strict compliance with international airsecurity regulations, and its ongoing work on a new instrument for the suppression of unlawful acts of violence at airports serving international civil aviation;
10. Also welcomes the work undertaken by the lnternational Maritime Organization on the problem of terrorism on board or against ships, and the initiative under way to draft instruments on the suppression of unlawful acts against the safety of maritime navigation and of fixed platforms on the continental shelf;
11. Requests the other relevant specialized agencies and intergovernmental organizations, in particular the Universal Postal Union, the World Tourism Organization and the International Atomic Energy Agency, within their respective competence, to consider what further measures can usefully be taken to combat and eliminate terrorism;
12. Requests the Secretary-General to seek the views of Member States on international terrorism in all its aspects and on ways and means, of combatting it, including, inter aha, the convening, under the auspices of the United Nations, of an intemational conference to deal with international terrorism in the light of the proposal referred to in the penultimate preambular paragraph of the present resolution;
13. Further requests the Secretary-General to follow up, as appropriate, the implementation of the present resolution and to submit a report to the General Assembly at its fortyfourth session;
14. Considers that nothing in the present resolution could in any way prejudice the right to self-determination, freedom and independence, as derived from the Charter of the United Nations, of peoples forcibly deprived of that right referred to in the Declaration on Principles of International Law concerning Friendly Relations and Co-operation among States in accordance with the Charter of the United Nations, particularly peoples under colonial and racist regimes and foreign occupation or other forms of colonial domination, nor, in accordance with the principles of the Charter and in conformity with the above-mentioned Declaration, the right of these peoples to struggle to this end and to seek and receive support:
15. Decides to include the item in the provisional agenda of its forty-fourth session.
RECORDED VOTE ON RESOLUTION 42/159
In Favour: Afghanistan, Albania, Algeria, Angola, Antigua and Barbuda, Argentina, Australia, Austria, Bahamas, Bahrain. Bangladesh, Barbados, Belgium, Benin, Bhutan, Bolivia, Botswana, Brazil, Brunei Darussalam, Bulgaria, Burkina Faso, Burma, Burundi, Byelorussia. Cameroon, Canada, Cape Verde, Central African Republic, Chad, Chile, China, Colombia, Comoros, Congo, Costa Rica, Cote d7- Ivoire, Cuba, Cyprus, Czechoslovakia, Democratic Kampuchea, Democratic Yemen, Denmark, Djibouti, Dominican Republic, Ecuador, Egypt, El Salvador, Equatorial Guinea, Ethiopia, Fiji, Finland, France, Gabon, Gambia, German Democratic Republic, Federal Republic of Germany, Ghana, Greece, Grenada, Guatemala, Guinea, Guinea-Bissau, Guyana, Haiti, Hungary, Iceland, India, Indonesia, Iran, Iraq, Ireland, Italy, Jamaica, Japan, Jordan, Kenya, Kuwait, Lao People's Democratic Republic, Lebanon, Lesotho, Liberia, Libya, Luxembourg, Madagascar, Malawi, Malaysi, Maldives, Mali, Malta, Mauritania, Mauritius, Mexico, Mongolia, Morocco, Mozambique, Nepal, Netherlands, New Zealand, Nicaragua, Niger, Nigeria, Norway, Oman, Pakistan, Panama, Papua New Guinea, Paraguay, Peru, Philippines, Poland, Portugal, Qatar, Romania, Rwanda, Saint Lucia, Saint Vincent, Samoa, Sao Tome and Principe, Saudi Arabia, Senegal, Seychelles, Sierra Leon, Singapore, Solomon Islands, Somalia, Spain, Sri Lanka, St. Kitts and Nevis, Sudan, Suriname, Swaziland, Sweden, Syria, Thailand, Togo, Trinidad and Tobago, Tunisia, Turkey, Uganda, Ukraine, USSR, United Arab Emirates, United Kingdom, United Republic of Tanzania, Uruguay, Vanuata, Venezuela, Viet Nam, Yemen, Yugoslavia, Zaire, Zambia, Zimbabwe.
Against: Israel, United States.
Abstaining Honduras.
Absent: Belize, Dominica.
NOTES
1. L. Oppenheim, ed., International law, edited by H. Lauterpacht, Eighth Edition (London: Longmans, Green & Co., 19551, volume 1, p. 609.
2. Ibid., p. 611.
3. Harvard Research in International Law, "Draft Convention on Piracy ," American Journal of lrtternational Law, Supplement, 1932, volume 26, p. 743.
4. Sunday Times, London, January 11, 1987.
5. Ibid.
6. Encyclopaedia Britannica (New York: 1973), volume 17, p. 1101.
7. Committee against State Terrorism at Sea, State Terrorism at Sea: A Preliminary Report on the Case of Israel (Jerusalem: Data- Base Project on Palestinian Human Rights, the Arab Studies Society and the International Organization for the Elimination of All Forms of Racial Discrimination, 1988), pp. 4-5.
8. Ibid.
9. NGO Resolution, Geneva, September 9, 1987.
10. UN General Assembly Resolution 42/159, December 7, 1987.
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