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Niue

Niue has dedicated counterterrorism provisions in its national law, the 2006 Terrorism Suppression Act. There is a carve-out in the law for the exercise of certain fundamental rights.

Compliance with International Law:
Last updated: one year ago

The Definition of Terrorism in Domestic Law

The dedicated 2006 law defines an act of terrorism as either one that is an offence under the global terrorism treaties or which is an act or omission that must:

(a) Involve death or serious bodily injury to a person (other than the person carrying out the act); or

(b) Involve serious damage to property; or

(c) Endanger a person’s life; or

(d) Create a serious risk to the health or safety of the public or a section of the public; or

(e) Involve the use of weapons; or

(f) Involve introducing into the environment, distributing, or exposing the public to any –

  (i) dangerous, hazardous, radioactive, or harmful substance; or

  (ii) toxic chemical; or

  (iii) microbial or other biological agent; or

(g) Involve serious disruption to any system or the provision of services directly related to essential infrastructure; and

(i) must be intended or, by its nature and context, reasonably be regarded as being intended –

(A) to intimidate the public or a section of the public; or

(B) to compel a Government or an international organisation to do, or refrain from doing, any act; and

(ii) must be made for the purpose of advancing a political, ideological, or religious cause.S. 4(1) and (2), 2006 Suppression of Terrorism Act.

Adherence to Global and Regional Terrorism Treaties

 

Niue is a State Party to several of the main United Nations treaties on terrorism.

 

Adherence to Global Terrorism Treaties
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 not party

 

There is currently no regional terrorism treaty to which Niue can adhere.

Laws and Penalties for Terrorist Offences

Under the 2006 Law, the maximum sentence for terrorist offences is twenty years' imprisonment although most offences carry a maximum prison term of fourteen years or less.

Counterterrorism Capacities and Policies at Domestic Level

Niue does not have a dedicated counterterrorism unit in its national police. 

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Niue 2006 Terrorism Suppression and Transnational Crimes Act