First, the Australian Government does not see the benefit in initiating an International Convention on Suicide Terrorism, since there are already 13 existing international conventions on terrorism that cover all types of terrorist acts and behaviours. The Government has a long-standing policy of seeking a Comprehensive Convention on International Terrorism though negotiations with United Nations member states. It supports a comprehensive instrument on terrorism, rather than seeking separate conventions on specific forms like suicide bombings, additional to those that already exist.

Second, current offences defined in the Criminal Code already capture all types of terrorist activity, making it unnecessary to create a separate offence of suicide terrorism either in domestic or international law. There are also practical constraints, such as difficulties the prosecution would face in identifying the perpetrators remaining after a suicide terrorist attack. The definition of a terrorist act in the Criminal Code makes it an offence to engage in, train for, prepare, plan, finance or otherwise support terrorist activities. In its June 2006 report, the Security Legislation Review Committee approved the Criminal Code’s definition of a terrorist act.

Third, the Government’s policy is to focus on strong intelligence and security measures, as well as other strategies to prevent terrorism, including suicide attacks. Prevention strategies include working closely with mainstream Muslim communities in Australia and overseas to reject notions that such actions are either heroic or supported by religious doctrines. I (Mr Downer) emphasised the need to address terrorist ideology and propaganda in my address to the seminar convened by the Indonesian Government in February 2006, “International Cooperation Against Terrorism: Focusing on Suicide Bombing as a Symptom of Terrorism.”

Fourth, the Government considers that suicide terrorism may already be considered a crime against humanity, both at the international level where the International Criminal Court has jurisdiction and under Australia’s domestic law. Crimes against humanity are defined in the Rome Statute of the International Criminal Court. The Government legislated in 2002 to make crimes against humanity an offence under the Commonwealth Criminal Code.

We have sought to move CCIT negotiations forward in New York through coordinated and combined efforts with other countries to build consensus. These countries include the CANZ sub-grouping (Canada, Australia and New Zealand), as well as other like-minded countries on this issue. In statements with CANZ, Australia has urged States to redouble their efforts to conclude the CCIT and demonstrate unambiguous commitment to criminalise all terrorist acts, and cooperate in the prosecution of those responsible for such acts.

We have also engaged in advocacy on a bilateral basis with a range of other countries, urging them to support the conclusion of the CCIT negotiations.

In the 2006-07 budget, the Australian Government committed $92.3 million in regional CT assistance over the next four years, including to capacity-building in law and justice sectors to help countries comply with, and ratify international CT conventions.