Monaco
Monaco has counterterrorism provisions in its Criminal Code as well as distinct legislation focusing on terrorist financing. There is no carve-out for the exercise of fundamental human rights.
The Definition of Terrorism in Domestic Law
Monaco defined a terrorist act in a 2002 Order that followed the approach in the 1999 UN Terrorist Financing Convention. It listed the then existing global terrorism treaties as encompassing terrorist acts before adding the following:
any other act intended to kill or seriously injure a civilian, or any other person not participating directly in hostilities in a situation of armed conflict, where, by its nature or context, the act seeks to intimidate a population or force a government or international organisation to undertake or refrain from undertaking any given act.
The Penal Code defines a terrorist act as a series of predicate offences
when they are intentionally committed in relation to an individual or collective undertaking, directed either against the Principality of Monaco or against any other State or against an international organization, and are of a nature, by means of intimidation or terror:
- either to threaten their political, economic or social structures, to harm them or to destroy them;
- or to seriously disturb public order.Art. 391-1, Criminal Code of Monaco.
Adherence to Global and Regional Terrorism Treaties
Monaco is a State Party to most of the main United Nations treaties on terrorism.
| Treaty | Adherence |
|---|---|
| 1973 Convention on Crimes against Internationally Protected Persons | State Party |
| 1979 Hostage-Taking Convention | State Party |
| 1997 Terrorist Bombings Convention | State Party |
| 1999 Terrorist Financing Convention | State Party |
| 2005 Nuclear Terrorism Convention | Signatory |
Monaco is also a State Party to the main regional treaties on terrorism.
| Treaty | Adherence |
|---|---|
| 1977 European Convention on the Suppression of Terrorism | State Party |
| 2003 Protocol amending the European Convention on the Suppression of Terrorism | State Party |
| 2005 Convention on the Prevention of Terrorism | State Party |
| 2015 Additional Protocol to the Convention on the Prevention of Terrorism | State Party |
Laws and Penalties for Terrorist Offences
The penalties for terrorist offences are increased compared to the ordinary predicate criminal offences.Art. 391-2, Criminal Code of Monaco.The maximum penalty is life imprisonment.
Counterterrorism Capacities and Policies at Domestic Level
Monaco does not have a dedicated counterterrorism unit in its national police.
Glossary
Twitter