The transnational nature of the threat posed by radiological and nuclear terrorism requires a unanimous and coordinated response from the international community, one that is based on robust and effective legal frameworks. The activities leading to these crimes will often take place in several countries, thus making the harmonization of legislations across jurisdictions, as well as effective international cooperation in criminal matters, essential to the investigation, prosecution and adjudication of these cases.
The International Convention for the Suppression of Acts of Nuclear Terrorism (ICSANT) is an essential legal instrument at the disposal of States to strengthen their criminal justice systems, and effectively prevent and combat unlawful and intentional conduct involving nuclear or other radioactive material. While adherence to the Convention is a necessary first step, effective implementation of its criminalization and other relevant obligations is of equal importance. In this regard, UNODC is assisting States parties to the Convention to effectively incorporate its provisions into their national legislation and to enhance their capacities through a range of innovative technical assistance activities and resources.
To support these efforts, UNODC organized a regional training entitled “Criminal Investigation and Mock Trial on ICSANT for States parties from South-Eastern Europe.” The event, which was held in Tirana, Albania, on 25-27 June 2024, with the financial and in-kind support of the Government of Canada, was co-hosted by the Government of Albania, as part of Albania’s efforts to implement ICSANT following their recent adherence to the Convention in September 2023.
The exercise built on the successful pilot criminal investigation and mock trial training on ICSANT conducted by UNODC in Vienna in November 2022. It also served as a follow-up activity to a regional workshop on ICSANT for South-Eastern European countries held in Vienna in March 2023, during which UNODC was requested to provide further tailor-made capacity-building assistance, at national and regional levels, on the effective implementation of the Convention.
The mock trial was opened by Mr. Alban Dautaj (Director, Anti-Terror Directorate/General Directorate, Albanian State Police), Ms. Julia Gibson (Project Leader, Nuclear and Radiological Security, Weapons Threat Reduction Program Division, Global Affairs Canada) (via video message), and Mr. Danilo Rizzi, UNODC Regional Representative for South-Eastern Europe (remarks were delivered by Ms. Francesca Andrian, UNODC, on behalf of Mr. Rizzi) who reflected on the potential threats posed by nuclear terrorism, the importance of legal frameworks and international cooperation to address these risks, and the need for developing stakeholders’ capacities in this regard. In particular, Mr. Dautaj highlighted that the mock trial presented “an excellent opportunity to share our knowledge and experiences and strengthen our capacities to address the future challenges” and commended UNODC’s support and invaluable cooperation in the suppression of chemical, biological, radiological, and nuclear (CBRN) terrorism. Similarly, Ms. Gibson noted that “Canada is a strong supporter of robust cooperation at regional and international levels to strengthen all links of this [nuclear security] chain” and emphasized that “it is imperative to ensure that judicial officials have the support required to […] draft the required legislation to enact the provisions of the conventions, including the criminalization provisions provided within ICSANT.” Mr. Rizzi echoed these points and spoke about how the event would also help foster regional cooperation in criminal matters regarding crimes which fall under the purview of ICSANT by facilitating the sharing of good practices and exchange of information.
Through expert presentations demonstrating the importance of ICSANT, interactive discussions and the analysis of a fictional scenario, this activity contributed to enhancing capacities of 25 criminal justice and other relevant officials from Albania, Bosnia and Herzegovina, Montenegro, North Macedonia and Serbia to effectively investigate, prosecute and adjudicate terrorist and other criminal offences involving nuclear or other radioactive material which fall under the scope of application of ICSANT.
Benefitting from the expert contributions from the International Atomic Energy Agency, INTERPOL as well as national institutions from Canada, Hungary, the Netherlands and Romania, the mock trial showcased ICSANT’s applicability from the crime scene to the courtroom. It also allowed UNODC to identify and discuss with national stakeholders their needs for further technical and legislative assistance related to effective implementation of the Convention, including advanced training to address challenges associated with criminal acts, and subsequent criminal proceedings, involving nuclear or other radioactive material.
The above-mentioned event was the first of a series of regional criminal investigation and mock trial exercises. UNODC plans to implement five more activities of this kind in Africa, Central and South-East Asia, and Latin America and the Caribbean.
