The Eminent Jurists Panel on Terrorism, Counter-terrorism and Human Rights, an independent group of experts appointed by the ICJ in October 2005, is in Brussels this week.
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)
In its November 2006 written submission to this instance, the ICJ analyses the international law obligations of the United States in relation to renditions.
The ICJ also analyses the human rights obligations of European states which actively co-operate in renditions or secret detentions, or fail to take adequate steps to protect against them.
It concludes that, in light of the systematic nature of the breaches of norms of higher international law, including the prohibition against torture, involved in the system of renditions and secret detentions, there are obligations on European states, not only to refrain from co-operation with or recognition of this system, but to take co-operative measures to bring the situation to an end. The full submission is attached below.
Europe-European Parliament-CIA transportation detention prisoners-non-judicial submission-2006 (full text, PDF)
The ICJ today submitted a Memorandum to the European Commission on the establishment of a human rights agency in the European Union.
The ICJ sets out clear benchmarks for a human rights institution that would provide a strong mechanism to address human rights and rule of law problems in the European Union.
“We call on the European Commission to elaborate a proposal for a EU Human Rights Agency, which is in line with international standards for independent and effective human rights institutions”, says Gerald Staberock, Coordinator of ICJ’s National Implementation Programme. “This step is long overdue and the agency should have a real impact on the promotion and protection of human rights in the European Union and its member states. A weak and flawed institution, on the other hand, would not increase the legitimacy of EU policies but could raise concerns about double-standards, internally and externally.”
Submission on the establishment of a EU Human Rights Agency [full text, PDF]
The ICJ today submitted a Memorandum to the European Commission on the establishment of a human rights agency in the European Union.
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