The UN and the OSCE approaches and efforts in preventing and combating terrorism


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Furthermore, it seeks to strengthen Member States' efforts to prevent terrorism: 1 by establishing as criminal offences certain acts that may lead to the commission of terrorist offences, namely: public provocation, recruitment and training; and 2 by reinforcing co-operation on prevention both internally national prevention policies , and internationally modification of existing extradition and mutual assistance arrangements and additional means. It makes a number of acts, including participation in an association or group for the purpose of terrorism, receiving terrorist training, travelling abroad for the purposes of terrorism, and financing or organizing travel for this purpose, a criminal offence.

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For the first time in international law, this instrument makes the preparation of acts of terrorism - at the initial stage recruitment, training, and the preparation and financing of travel for the purposes of terrorism - a criminal offence. In parallel, in May , the Council of Europe launched a three-year action plan to counter violent extremism and radicalization, in particular in schools and prisons and on the Internet.

See further Module 2. Both the Committee of Ministers and Parliamentary Assembly have been very active in adopting a number of declarations, resolutions, and recommendations, on wide-ranging terrorism-related issues. See 'interest box' below. Some of these include a number of innovations, e. In , the Committee of Ministers adopted an Action Plan on the fight against violent extremism and radicalisation leading to terrorism CM 74 19 May This has two principal objectives: 1 to reinforce the legal framework against terrorism and violent extremism; and 2 to prevent and fight violent radicalization through concrete measures in the public sector, in particular in schools and prisons, and on the Internet.

In addition to developing legal standards to prevent and suppress acts of terrorism through criminal law and other measures, which fully respect human rights and the rule of law, a principal focus of the Council has been to strengthen international cooperation in bringing terrorists to justice. Current priority issues include possible gaps in the Council of Europe anti-terrorism legal framework in the area of preventing and suppressing terrorism, and the absence of a common universal definition of "terrorism".


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The principal human rights treaty underpinning the European human rights system of protection is the European Convention on Human Rights adopted 4 November , entered into force 3 September ECHR. It is underpinned by the goal of securing fundamental civil and political rights and fundamental freedoms, not only to the citizens of Contracting Parties, but also to everyone within their jurisdiction. Protocols Nos.

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Protocol No. The remaining Protocols concerned the organization of and procedure before the Convention institutions. Additionally, there are a number of non-binding outputs by Rapporteur groups including on Human Rights , thematic coordinators and ad hoc working parties. Notably, if full consensus can be achieved, exceptionally under the Lisbon Treaty , the European Union will accede to the European Convention on Human Rights as a party in its own right even though it is not a State.

Additionally, mention should be made of the European Commission for Democracy through Law, also known as the Venice Commission.

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It acts as the Council's advisory body on democratic and constitutional matters, and is guided by the principles of democracy, human rights and the rule of law. It also shares standards and identifies best practices of the Council of Europe Member States with third party countries. The Commission's primary task is to provide States with legal advice in the form of legal opinions on draft legislation or legislation already in force; it also produces studies and reports on topical issues.

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This remit has involved consideration of counter-terrorism issues, such as the giving of opinions on national anti-terrorism legislation Venice Commission, Initially, the Commission undertook a screening process to determine their admissibility and, where no friendly non-judicial resolution could be achieved, would give an opinion on its merits.

Due to the rapid and unsustainable growth in the number of applications, the system underwent a major overhaul in when Protocol No. The Court can rule on individual or State applications alleging violations of the civil and political rights provided for in the ECHR and has the accompanying ability to impose appropriate sanctions on any offending Member State. Its judgments are binding on the countries concerned and have led governments to alter their legislation and administrative practice in a wide range of areas.

The Court's case-law makes the Convention a powerful living instrument for meeting new challenges and consolidating the rule of law and democracy in Europe. The interpretation of the Convention is often evolving as it responds to new contexts and issues not envisaged at the time of its drafting in The ECtHR has been the most prolific of all the regional courts.

Since it has sat as a full-time court and individuals can apply to it directly. In almost fifty years the Court has delivered more than 10, judgments. One of the related challenges of its success is that it has struggled to manage the volume of cases submitted to it.

The reach and influence of its jurisprudence, including on terrorism and counter-terrorism related matters, is far reaching, including on the decision-making processes of many national, regional and international courts. Such cross-pollination, however, is not one way. Additionally, under Protocol 8 to article 6 2 of the Lisbon Treaty adopted 13 December , entered into force 1 December , exceptionally the EU, as an international organization, plans to accede to the ECHR.

The organization has a number of institutions. The ones which play the most significant role in relation to the development of terrorism and counter-terrorism related laws and policies are the European Parliament, the European Council and the European Commission. The European Parliament is the law-making body of the EU, passing laws, together with the European Council, based on the European Commission 's proposals.

It also plays an important supervisory role, including democratic scrutiny of all EU institutions, and may also examine citizens' petitions and set up inquiries. The primary role of the European Council is to set the organization's political agenda; essentially it is an EU decision-making body rather than law-maker.

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The European Commission, for its part, is the politically independent executive arm of the EU. It draws up proposals for new European legislation, and it implements the decisions of the European Parliament and the European Council. The EU is very active in counter-terrorism related issues since terrorism continues to pose significant threats across Europe. The organization's counter-terrorism responses are framed around the EU Counter-Terrorism Strategy , adopted by the European Council.

It commits the Union to combating terrorism globally, while respecting human rights and allowing its citizens to live in an area of freedom, security and justice. It is built around four strands:. The Strategy is subjected to regular review. For example, in the Council adopted an EU strategy for combating radicalization and recruitment to terrorism as part of the 'prevent' pillar.

This was subsequently revised in in response to the challenge of foreign fighters travelling to Syria and Iraq, which pose a major security threat to the EU and its Member States Council of the European Union, , resulting in the adoption of the EU Strategy for Combating Radicalisation and Recruitment to Terrorism of In addition to influential, but technically non-binding, instruments such as the Counter-Terrorism Strategy, Member States have a number of binding obligations in relation to the agreed legal framework instrument of the EU.

The new rules, which replaced the Framework, strengthen the legal framework of the EU to prevent terrorist attacks and address the phenomenon of foreign terrorist fighters. The new rules, in the form of a Directive, strengthen and widen the scope of the existing legislation. For example, it criminalizes travel within, outside or to the EU for terrorist purposes, such as to join the activities of a terrorist group or with the purpose of committing a terrorist attack. The Directive will also complement the current legislation on the rights of victims of terrorism see further Module Another key area of activity has been the fight against money-laundering and terrorist financing.

Other key outputs have included policies developed by the European Commission in all sectors related to the prevention of terrorist attacks and the management of their consequences, including in hindering access to Chemical, Biological, Radiological and Nuclear materials.

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For example, a Chemical, Biological, Radiological and Nuclear Action Plan has been developed which focuses on preventing unauthorized access; having the capacity to detect such dangerous materials; and being able to prepare and respond efficiently to any incidents. His principal roles include making policy recommendations and proposing priority areas for action to the Council, as well as facilitating international cooperation, including between the European Union and third countries.

Despite its close connection with the Council of Europe, the EU has its own system for the protection of human rights. The Charter is a clear and strong statement of EU citizens' rights, and is underpinned by the values of human dignity, freedom, democracy, equality, the rule of law and respect for human rights. Binding upon EU institutions and Member States since , the effect of the Charter is that EU laws, decisions and action are only lawful if they are consistent with the Charter's stated values and requirements. In , the EU Strategic Framework and Action Plan on Human Rights and Democracy was adopted in response to concerns that modern information and communication technologies have further enhanced the coercive power of authoritarian States, thereby putting respect for human rights and democracy at risk.

The Framework articulates the organization's intention to increase its "efforts to promote human rights, democracy and the rule of law across all aspects of external action". One of its specific goals is to assist in further embedding human rights protections within the counter-terrorism law, policy and practice of non-member states. Stavros Lambrinidis. Additionally, the EU has adopted many policies on a broad range of human rights issues, including those relevant to counter-terrorism such as promoting the rights of displaced persons; opposing the death penalty, torture and discrimination; defending civil, political, economic, social and cultural rights; and defending the universal and indivisible nature of human rights through full and active partnership with partner countries, international and regional organizations, and groups and associations at all levels of society.

The EU also pursues human rights dialogue with over 40 countries and organizations, including the African Union. Its primary function is to ensure compliance with EU law and rules on the interpretation and application of the treaties establishing the EU. To that end, it interprets EU law to ensure that it is applied in the same way in all Member States and settles legal disputes between national governments and EU institutions. The most common types of cases that come before the Court are concerned with: interpreting EU law, including within national legal contexts; enforcing the law against a national government for failing to comply with law; annulling EU legal acts if they are believed to violate the organization's treaties or fundamental rights; ensuring the EU takes action; and sanctioning EU institutions where action or inaction of the organization causes harm to any person or company.

Although not established as a human rights protection court per se , the Court has performed this role including in a counter-terrorism context, developing important jurisprudence on a number of issues in the process. One of its most notable cases in this regard was the case of Kadi and Al Barakaat International Foundation v Council , para.

The Court held that no international agreement, not even one sourced in the Charter of the United Nations, may limit any constitutional guarantees sourced in the founding treaties of the EU. More specifically, it held that certain fundamental principles, upon which the EU is founded, are non-derogable, notably the principles of liberty, democracy, as well as respect for human rights and fundamental freedoms , para. This case challenged some prior common assumptions regarding the automatic supremacy of the Charter of the United Nations, especially Chapter VII Security Council resolutions, over other international instruments and agreements in the event of a normative conflict, due to the effect of article of the Charter.

At its foreign affairs meeting on 19 January , the European Council decided to appeal against the judgment of the General Court in the case Council v Hamas. It found that the "application of the ground for exclusion of refugee status laid down in the directive cannot be confined to the actual perpetrators of terrorist acts, but can also extend to the persons who engage in activities of recruitment, organisation, transportation or equipment of individuals who travel to a State other than their States of residence or nationality for the purpose of, inter alia, the perpetration, planning or preparation of terrorist acts" CJEU, a.

However, since a number of terrorist attacks does not decrease but, on the opposite, increases every day it appears that the organizations should work out a multidimensional strategy in preventing and combating terrorism, which would include a combination of legal, social, economic, cultural, political, and military means. Democratization of Kyrgyzstan through Reformation of the Electoral System. The position of Rousseau on the Social Contract. Comparative analysis of political systems of Lebanon and Switzerland. Rousseau, I.

The UN and the OSCE approaches and efforts in preventing and combating terrorism The UN and the OSCE approaches and efforts in preventing and combating terrorism
The UN and the OSCE approaches and efforts in preventing and combating terrorism The UN and the OSCE approaches and efforts in preventing and combating terrorism
The UN and the OSCE approaches and efforts in preventing and combating terrorism The UN and the OSCE approaches and efforts in preventing and combating terrorism
The UN and the OSCE approaches and efforts in preventing and combating terrorism The UN and the OSCE approaches and efforts in preventing and combating terrorism
The UN and the OSCE approaches and efforts in preventing and combating terrorism The UN and the OSCE approaches and efforts in preventing and combating terrorism

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