CHAPTER THREE: DEMOCRACY AND POLITICAL GOVERNANCE
119.
The stakeholders interviewed by the CRM believe that Algeria has embarked
on an internal, long-term process to align its legal and judicial texts with
international, multilateral or regional codes and standards for the protection
and preservation of people. It is within this context that the many implications,
especially at the level of constitutional and legislative principles, of Algeria‟s
possible ratification of the ICC Convention are currently being debated. At the
end of these negotiations, a final decision will be taken on the matter.
120.
It is important to note that Algeria‟s reluctance to ratify the Convention of the
ICC, which Algeria had negotiated and signed, or its procrastination in the
matter, is based on the same rationale as the position it holds on international
conventions on the suppression of terrorist acts. The same applies to the
financing of these activities, where Algeria has made its ratification subject to
reservations.
121.
As regards legal norms on international terrorism, it is important to emphasise
the uniqueness of Algeria‟s CSAR in raising these, given that such questions
do not form part of the questionnaire used as the basis for the self-assessment
of APRM member countries. It is also important to interrogate the rationality
and content of the reservations accompanying the ratification of conventions.
Algeria ratified the Convention on the Physical Protection of Nuclear Material,
the International Convention for the Suppression of the Financing of
Terrorism, as well as the United Nations Convention against Transnational
Organised Crime.
122.
The reservations relate to the jurisdiction of the International Court of Justice
to arbitrate in such matters, since Algeria believes that the agreement of all
parties is necessary in every case. From a legal perspective, these reservations
vis-à-vis the norms on international terrorism refer back to the notion of
terrorism and its possible interpretation before the courts. Algeria has asked
for clarification and required certain guarantees on specific points. 6 During
discussions with Algerian stakeholders on these issues, it became apparent that
the problem lay in the notion of terrorism in these texts, a definition that is
disputed by the signatory states. Algeria‟s reservations will only be lifted once
all the parties have agreed on a meaning that is acceptable to all.
iii.
Recommendations
123.
The APR Panel would like to recommend that:
1. The Algerian government:
6
The Algerian professionals who are responsible for these issues explained to the CRM that the
reservations on these international instruments are related to two principles: (1) No party can bring a
case before the ICJ without consulting the other signatories; and (2) the ratification of these
conventions by Algeria do not imply the automatic recognition and cooperation with Israel.
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