Cook Islands
The Cook Islands has dedicated legislation to suppress terrorism, first adopted in 2004. It has explicit carve-outs for the exercise of fundamental human rights and in a situation of armed conflict.
The Definition of Terrorism in Domestic Law
A 2004 law has been amended by legislation in 2007 and 2017. The definition of an act of terrorism involves a series of predicate offences, primarily against the life or health of a person, that "must be intended, or by its nature and context, reasonably be regarded as being intended ... to intimidate the public or a section of the public, or ... to compel a government or an international organisation to do, or refrain from doing, any act".S. 4(2), 2004 Act on the Suppression of Terrorism (as amended).
The definition has explicit carve-outs for the exercise of fundamental human rights and in a situation of armed conflict.S. 4(3), 2004 Act on the Suppression of Terrorism (as amended).
Membership of a terrorist group
A terrorist group means a specified entity, and any other individual or entity that … carries out a terrorist act, or assists in carrying out a terrorist act, or attempts, conspires, or threatens to carry out a terrorist act.
A person must not participate (whether as a member, associate member or prospective member) in a terrorist group knowing it is a terrorist group.S. 15A, 2004 Act on the Suppression of Terrorism(as amended).
Adherence to Global and Regional Terrorism Treaties
The Cook Islands is formally a State Party to only the 1999 United Nations treaty on terrorist financing. It is also bound to the 1973 and 1979 Conventions through adherence by New Zealand.
| 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 |
There is currently no regional treaty on terrorism in the Pacific Islands Forum to which the Cook Islands can adhere.
Laws and Penalties for Terrorist Offences
Under the 2017 amendment to the 2004 Act, the commission of a terrorist act carries a penalty of up to twenty years in prison.S. 16A, 2004 Act on the Suppression of Terrorism (as amended).
Terrorist financing is subject to a penalty of twenty years in prison.S. 11, 2004 Act on the Suppression of Terrorism (as amended).A similar penalty is imposable for harbouring a terrorist.S. 14, 2004 Act on the Suppression of Terrorism (as amended).
The Cook Islands Crimes (Internationally Protected Persons and Hostages) Act 1982, No. 6, implements the two United Nations conventions in one statute.
Counterterrorism Capacities and Policies at Domestic Level
The Cook Islands does not have a dedicated law enforcement unit for countering terrorism.
Glossary
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