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)
Feb 1, 2007 | News
Members of the Eminent Jurists Panel on Terrorism, Counter-terrorism and Human Rights concluded their visit to Moscow today.
Feb 1, 2007
Reports of human rights organisations hearings of the International Commission of Jurists, 29-30 January 2007. This report was written and published by the human rights organisation Memorial in Moscow.
“It is generally accepted that the current trend towards the significant and often unjustified curtailment of human rights under the pretext of fighting terrorism followed from the attacks of September 11, 2001. However, Russia proved to be ahead of her time in this process—counterterrorist operations» began here a full two years earlier. There are few who remember today that Anti-terrorism Law was already needed in August 1999, shortly after Shamil Basaev’s invasion of Dagestan (that is, still before the attacks on residential properties in Russian cities). This allowed the government to use the armed forces and restrict citizens’ rights without the approval of parliament, still at that point an independent body.
Russia has now gone through eight years of «counterterrorism», including six on a global scale, and the time has come to evaluate the results. They are far from comforting: terrorism has not been vanquished. And indeed, a detailed examination of the techniques of combating
terrorism reminds us that «counterterrorism» was in fact used as a pretext for significant restrictions and violations of human rights in many countries long before September 11.
A set of hearings on January 29-30, 2007, was organized in Moscow by the International Commission of Jurists to bring the results of Russian «counterterrorism» to light. At these hearings victims both of terrorist attacks and «counterterrorist operations», witnesses and
experts provided testimony, and a number of Russian human rights organizations presented their own reports.
It appears the «Second Chechen War» is already history, but «counterterrorist operations» continue throughout the Northern Caucasus.”…
In this brochure we present two small reports. One addresses the «counterterrorist operation» in the Northern Caucasus—the time has come to evaluate the results and draw conclusions. The second gives an analysis of Russian «antiterrorist» legislation.”
Russia-counter terrorism practice-conference report-2007-eng (full text in English, PDF)
Jan 1, 2007 | News
The ICJ today condemned the bomb attacks that occurred across Bangkok on New Year’s Eve which are reported to have killed three and injured over 20.
“Thorough and impartial investigations will be needed to discover who committed these bombings and why. But it is already self-evident that there can be no justification for these violent acts”, said Nicholas Howen, ICJ Secretary-General. “These are criminal acts and those responsible will have to be brought to justice in accordance with international standards”, he added.
The ICJ expressed its condolences to the victims and their families.
Thailand-new year bomb attacks-Press releases-2007 (full text, PDF)
Dec 15, 2006 | News
The ICJ today called on the Parliament and Government of Sri Lanka to amend the new counter-terrorism regulations promulgated by the President on 6 December 2006.
