Nauru
Nauru has had dedicated counterterrorism provisions in its domestic law since 2004. Amendments to the law, including to the definition of terrorist act, were adopted in 2020 to exempt from the scope of the law the exercise of certain fundamental human rights. Also excluded are lawful acts of warfare in an armed conflict.
The Definition of Terrorism in Domestic Law
Section 3 of the 2004 Terrorism Act (as amended) defines terrorist act as follows:
(1) (a) an act which constitutes an offence within the scope of and as defined by a counter terrorism convention; or
(b) any other act intended to cause any one or more of the outcomes specified in subsection (2), when the purpose of such act, by its nature or context is to:
(i) intimidate a civilian population or a section of a civilian population; or
(ii) compel or coerce a domestic or foreign government or an international organisation to do or abstain from doing any act.
(2) For the purposes of subsection (1), an outcome is:
(a) the death of or serious bodily injury to one or more persons, other than a person carrying out the act;
(b) a serious risk to the health or safety of a population;
(c) destruction of or serious damage to property of great value or importance;
(d) major economic loss or environmental damage, if likely to result as a consequence of one or more outcomes specified in paragraphs (a), (b), or (c);
(e) serious interference with, or serious disruption to, an infrastructure facility, if likely to endanger human life;
(f) introduction or release of a disease-bearing organism, if likely to devastate the national economy of a country; or
(g) acquire finance or property to perpetuate or perpetrate, to further achieve the objectives in subsection (1).
(3) An act does not fall within subsection (1), if it occurs in a situation of armed conflict and is, at the time and in the place that it occurs, in accordance with rules of international law applicable to the conflict.
(4) For the avoidance of any doubt, the fact that a person engages in any protest, advocacy, dissent, strike, lockout or other industrial action, is not, by itself, a sufficient basis for inferring that the person is carrying out an act with an outcome specified in subsection (2) or terrorist act.S. 3, 2004 Terrorism Act (as amended).
Adherence to Global and Regional Terrorism Treaties
Nauru is a State Party to all 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 | State Party |
There is currently no regional treaty to which Nauru can adhere.
Laws and Penalties for Terrorist Offences
According to the 2004 Act (as amended), a person who commits a terrorist offence is subject to life imprisonment.S. 10A, 2004 Terrorism Act (as amended).
Counterterrorism Capacities and Policies at Domestic Level
Nauru does not have dedicated counterterrorism capacity in its national police.
Glossary
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