Response to the European Commission Consultation on Inciting, Aiding or Abetting Terrorist Offences

Feb 16, 2007 | Advocacy, Non-legal submissions

The ICJ sets out its views on the human rights compatibility of offences of incitement to acts of terrorism, and on the appropriate limits of such offences in European Union law and in the national laws of European states.

In its Response to the European Commission Consultation on Inciting, Aiding or Abetting Terrorist Offences, submitted on 15 February 2007, the ICJ concludes that incitement to acts of terrorism should be a criminal offence only where there is a subjective intention to incite acts of terrorism, and where the speech concerned causes the commission of an act of terrorism or an imminent risk of such an act. There is a risk that broadly-worded offences of apologie, encouragement, justification or glorification of terrorism will lead to violations of the right to freedom of expression and of the principle of legality, and will have a chilling effect in inhibiting constructive debate, in particular in minority communities. The full submission is attached below.

Europe-EC Consultation Terrorist Offences-non-judicial-submission-2007 (full text, PDF)