Solomon Islands
The Solomon Islands has dedicated counterterrorism provisions in its national criminal law. There is a carve-out for the exercise of fundamental human rights and for acts in armed conflict that comply with international humanitarian law.
The Definition of Terrorism in Domestic Law
The 2009 Counterterrorism Act defines a terrorist act as follows:
an action or threat where the act or threat–
(a) causes serious physical injury or harm to a person;
(b) causes serious damage to property;
(c) causes a person's death;
(d) endangers a person's life, other than the life of the person taking the action;
(e) creates a serious risk to the health or safety of the public or a section of the public;
(f) is contrary to or constitutes an offence under any counter-terrorism convention; or
(g) seriously interferes with, seriously disrupts, or destroys, an electronic system including, but not limited to – (i) an information system; (ii) a telecommunication system; (iii) a financial system; (iv) a system used for the delivery of essential government services; (v) a system used for, or by, an essential public utility, such as water or electricity; or (vi) a system used for, or by, a transport system; and
the action is done or the threat is made with the intention of –
(aa) advancing a political, religious or ideological cause;
(bb) coercing, or influencing or attempting to influence by intimidation the Government, provincial government, international organization or foreign country; or
(cc) intimidating the public or a section of the public.S. 2, 2009 Counterterrorism Act.
In the context of the definition, the law stipulates that an act is not to be deemed a terrorist act if it:
(a) is advocacy, protest, dissent or industrial action;
(b) is not intended –
(i) to cause serious physical injury or harm to a person;
(ii) to cause a person's death;
(iii) to endanger the life of a person, other than the person taking the action; or
(iv) to create a serious risk to the health or safety of the public or a section of the public; or
(c) occurs in a situation of armed conflict, and is at the time and in the place it occurred, in accordance with the rules of international law applicable to conflict.
Adherence to Global and Regional Terrorism Treaties
The Solomon Islands is a State Party to several of the main United Nations treaties on terrorism.
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 Party |
1999 Terrorist Financing Convention | State Party |
2005 Nuclear Terrorism Convention | State Party |
There is currently no regional treaty on terrorism to which the Solomon Islands can adhere.
Laws and Penalties for Terrorist Offences
Under the 2009 Act, a person who engages in a terrorist act commits an offence and is liable on conviction to life imprisonment.S. 3(1), 2009 Counterterrorism Act.
Imprisonment for up to ten years is imposable where a person harbours a terrorist or member of a terrorist organisation; or where he or she knowingly offers to provide, or provides, a weapon or other lethal device to a terrorist, terrorist organization, or a member of such an organization.S. 3(2), 2009 Counterterrorism Act.
Counterterrorism Capacities and Policies at Domestic Level
The Royal Solomon Islands Police Force does not have a dedicated counterterrorism unit.