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CoE: The Council of Europe is negotiating additions to the Convention on the Prevention of Terrorism, in the form of a protocol dealing with the "foreign fighters" phenomenon

30 April 2015

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The Council of Europe is currently negotiating additions to the Convention on the Prevention of Terrorism, in the form of a protocol dealing with the "foreign fighters" phenomenon. The protocol will implement United Nations Security Council Resolution 2178 Last week the Council of Europe's Committee on Legal Affairs proposed (pdf) "some changes to the text which would help to strengthen human rights safeguards, including putting greater emphasis on the right to a fair trial and the principle of legal certainty."

The rapporteur, John Tomlinson, who is part of the Socialist Group within the CoE Parliamentary Assembly, does not seem altogether convinced by the need for a new protocol. As he puts it: "Without prejudging the usefulness of the Draft Additional Protocol and the likelihood of its future application, I am convinced that there is a need for more clarity about the scope of terrorist offences and the application of international humanitarian law".

The original draft of the protocol was heavily criticised by Martin Scheinin, the former United Nations Special Rapporteur on human rights and counter-terrorism.

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