Apologie Du Terrorisme And Incitement To Terrorism

This publication contains guidance on the different legal approaches adopted by the Council of Europe's member states in relation to the phenomenon of the public expression of praise, justification and other forms of support for terrorism and terrorists, referred to as "apologie du terrorisme" or "incitement to terrorism".

Counter-terrorism policy and human Rights : Terrorism Bill and related matters, third report of session 2005-06, Vol. 2: Oral and written Evidence

This book critically analyzes the criminalization of incitement to terrorism under the fundamental principles of legality, necessity, and proportionality with the aim of striking a fair balance between security and liberty on this complicated issue. The criminalization of incitement to terrorism has gained momentum, but no exact or generally accepted definition of this offense exists at the international level. What’s more, given that the criminalization of incitement to terrorism results in restrictions on the exercise of citizens’ freedom of expression, there should be certain limitations on those criminal measures to avoid unnecessary or disproportionate infringement of this fundamental human right. Nevertheless, there has not been a precise standard by which to determine how to draw the line between anti-terrorism and the protection of freedom of expression. Hence, it could be concluded that the criminalization of incitement to terrorism concerns how to balance security and liberty, and the safeguarding principles of legality, necessity, and proportionality should be fully observed in considering this issue. This book studies definitions of “incitement”, “terrorism”, and “incitement to terrorism” under the relevant international and national legislation, and points out the existing absence, ambiguousness, or substantive divergence in defining actus reus and mens rea regarding incitement to terrorism. It carefully considers the current need for and essential limitations on criminal measures against incitement to terrorism in accordance with the principles of necessity and proportionality, and particularly focuses on how to balance the protection of freedom of expression with the criminalization of incitement to terrorism. In considering how to draw a line between the two, the book formulates precise requirements for objective and subjective elements of this offense in accordance with the principle of legality. Given its scope, it will be of interest not only to academics, human rights lawyers and practitioners, but also to policymakers, as it offers an extensive evaluation of the effects and counter-effects of existing criminal measures.

The book offers several perspectives to the analysis of the expansion and diversification of international legal responses to terrorism. It focuses, in particular, on the move during the past decade towards more indirect forms of responsibility.

Co-operation between law enforcement authorities is a key aspect of the fight against terrorism. Recommendation Rec (2007) 1 of the Council of Ministers seeks to strengthen co-operation between member states in this area through enhanced use of the International Criminal Police Organization (ICPO-lnterpol), including the Global Police Communications System I-24/7, relevant databases and the real-time, operational support for police services as set out in the appendix to this recommendation. The Council of Europe's Committee of Experts on Terrorism (CODEXTER) is entrusted with the task of following-up its implementation.

Although the vast majority of persons applying for and using identity and travel documents do so for lawful purposes, they are also used by terrorists, for whom they constitute an important tool. Genuine identity documents in particular, obtained through lawful procedures, are vital to terrorists' operational success. Recommendation Rec(2005)7 of the Committee of Ministers to member states concerning identity and travel documents and the fight against terrorism therefore aims to ensure the proper, rapid and reliable identification of individuals, in particular as regards the issuing of such documents. It calls on member states to take measures to strengthen the security of identity and travel documents and indicates the appropriate course of action to take when such documents are lost stolen. The recommendation also contains provisions dealing with proof of identity as well as registration of birth and issuance of births certificates, which are necessary to obtain identity and travel documents. Finally, the recommendation contains provisions dealing with international co-operation calling for the exchange of information with other member states and with international law enforcement bodies, in particular regarding lost or stolen identity and travel documents, whether issued or blank.

In order to combat terrorism and serious crime, law enforcement authorities have had to adapt their investigative means and develop special investigation techniques. These techniques are used to systematically gather information in such a way that they do not alert those being investigated. Since there is a risk that they may infringe individual rights, special investigation techniques must be subject to control. This has been advocated by the European Court of Human Rights which "has already recognised the need, inherent in the Convention system, for a proper balance between the defence of the institutions of democracy in the common interest and the protection of individual rights". This publication contains Recommendation Rec(2005)10 of the Committee of Ministers to member states on "special investigation techniques" in relation to serious crimes including acts of terrorism. It aims at promoting the effective use of special investigation techniques by judicial and prosecuting authorities in the framework of their criminal investigations in relation to serious crimes, including acts of terrorism, whilst ensuring strict respect for the rights and freedoms of the individual.

Global Responses to Maritime Violence is a full discussion of maritime security short of war that goes beyond the current literature in both scope and perspective. The chapters in this volume examine terrorism, piracy, armed robbery at sea, illegal maritime trafficking, illegal fishing, and other maritime crimes. Contributors uncover both threats and responses as a complex ecosystem that challenges even the strongest national and regional institutions. Managing this system is a "wicked problem" that has no ultimate solution. But the book offers strategic precepts to guide the efforts of any government that seeks to improve its responses to maritime violence. The bottom line is that maritime violence can be managed effectively enough to protect citizens and national economies that depend on the sea. Comprehensive in scope, the volume coheres around the premise that good governance in the maritime domain, though difficult, is worth the considerable resources required.