CTED’s new Analytical Brief — which can be accessed here — publishes for the first time a summary of the recommendations made by the Committee to Member States. It makes public the considerable guidance that the Committee offers individual States, which when read together, offer a commentary on how to codify the terrorism offense while respecting the principle of legality enshrined in the International Covenant on Civil and Political Rights.
The Commentary identifies the elements of the terrorist offence that are required by international law. It provides examples of the most common structures that States have employed in criminalizing terrorist acts. It goes on to highlight the most frequent recommendations made by the Counter-Terrorism Committee stemming from its country visit assessments and how they aim to improve the clarity and precision of offences.
In its resolution 1373 (2001), the Security Council decided that Member States shall ensure “that any person who participates in the financing, planning, preparation or perpetration of terrorist acts or in supporting terrorist acts is brought to justice”. This requires States to ensure that terrorist acts are established as serious criminal offences in domestic laws and regulations.
Yet overly broad or vague criminalization of terrorist offences creates a risk of human rights violations. It also creates a risk that the resources of law enforcement agencies – especially those dedicated to counter-terrorism – will be stretched thin by being overly tied up with conduct of lesser seriousness than terrorist violence.
The Counter-Terrorism Committee’s assessments show that Member States continue to develop and implement counter-terrorism legislation using different approaches, including many that are not clear or precise. This may complicate international cooperation, especially formal cooperation such as mutual legal assistance and extradition, which are premised upon the principle of dual criminality.
The Commentary concludes with a set of recommendations for States that are distilled from the views and recommendations expressed by the Committee.