Prosecutors play a key role in the effective implementation of the international legal framework against terrorism, including the International Convention for the Suppression of Acts of Nuclear Terrorism (ICSANT).
ICSANT’s criminalization provisions ensure that illicit and unlawful conduct involving nuclear or other radioactive material is reflected in the criminal legislation of States parties and can thus be prosecuted and adjudicated. The role of prosecutors is crucial in ensuring that perpetrators of crimes that fall under the scope of application of ICSANT are held accountable. However, there are certain specificities in criminal proceedings related to nuclear or radiological crimes, for example with regard to evidence gathering, preservation and admissibility, and international cooperation.
In order to better understand potential issues and challenges faced by prosecutors in ICSANT-related cases, UNODC held a webinar which focused on a prosecutorial perspective on ICSANT on 12 April 2024. The event, which was the first in a series of ten webinars on various key aspects of ICSANT, featured Mr. Simon Minks, National Coordinating Advocate-General contra terrorism, (violent) extremism and international crimes (senior prosecutor in appeal) of the Netherlands, as well as gathered over 40 participants from Member States and international organizations.
During the event, topics related to the prosecution of crimes under ICSANT were discussed, including the prosecutor’s interaction with different stakeholders, evidence gathering, nuclear forensics and radiological crime scene management. A key cross-cutting element which was highlighted was cooperation with international counterparts, which ICSANT helps to facilitate.
The expert emphasized the importance of the criminalization requirements set forth by article 2 of ICSANT, an important provision which allows prosecutors to charge not only perpetrators of a wide range of acts involving nuclear or other radioactive material, but also others involved in the commission of ancillary offences.
UNODC will continue to engage with prosecutors as key partners to ensure that those who commit crimes under ICSANT are held accountable and brought to justice.
The next webinar of the series, which will be held on 7 June 2024, will focus on extradition and mutual legal assistance in the context of ICSANT.
The webinar series is part of the project “Union support for the universalization and effective implementation of the International Convention for the Suppression of Acts of Nuclear Terrorism”, funded by the European Union.
