Congo
The Republic of Congo is exceptional in that it does not generally proscribe acts of terrorism in its domestic criminal law. The law on the financing of terrorism, which includes a general definition of acts of terrorism, was passed in 2021. It does not apply to lawful acts of war but focuses on the targeting of civilians as proscribed conduct.
The Definition of Terrorism in Domestic Law
The 2021 law on terrorist financing (Loi n° 28-2021 du 12 mai 2021) defines an act of terrorism as follows:
any act intended to kill or seriously injure a civilian or any other person who does not take a direct part in the hostilities in a situation of armed conflict, when by its nature or its context, the act is intended to intimidate a population or to compel a Government or an international organization to perform or abstain from performing any act.Art. 2, 2021 Law on Terrorist Financing.
Adherence to Global and Regional Terrorism Treaties
The Republic of Congo is a State Party to only the 1999 United Nations treaty on terrorist financing among the five major UN terrorism treaties.
Article 223 of the 2015 Congolese Constitution stipulates that “international treaties or agreements duly ratified have since the date of their publication a superior authority to that of national legislation, pending reciprocity”.
| Treaty | Adherence |
|---|---|
| 1973 Convention on Crimes against Internationally Protected Persons | State not party |
| 1979 Hostage-Taking Convention | State not party |
| 1997 Terrorist Bombings Convention | State not party |
| 1999 Terrorist Financing Convention | State Party |
| 2005 Nuclear Terrorism Convention | State not party |
The Republic of Congo is also a State Party to the 1999 African Union (OAU) treaty on terrorism.
| Treaty | Adherence |
|---|---|
| 1999 Algiers Convention | State Party |
| 2004 Protocol to the Algiers Convention | Signatory |
Laws and Penalties for Terrorist Offences
The 2021 Law on Terrorist Financing allows assets to be frozen in case of intended or actual use to support terrorism. While the Criminal Code does not proscribe terrorism as such, many of the predicate offences are punishable as ordinary criminal acts.
Counterterrorism Capacities and Policies at Domestic Level
The Republic of Congo police does not have a dedicated counterterrorism unit. Since August 2022, the Gendarmerie have been attached to the Ministry of Security and Public Order.
Glossary
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