EU: Proposed new counter-terrorism law: Joint NGO critique

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"In this submission, Amnesty International, the International Commission of Jurists (ICJ), and the Open Society Justice Initiative (OSJI) and the Open Society European Policy Institute (OSEPI) analyse and offer recommendations on the European Commission’s December 2015 proposal for a Directive on Combating Terrorism and Replacing Council Framework Decision 2002/475/JHA on Combating Terrorism (“the proposed Directive”) in light of Member States’ obligations under international law, in particular international human rights law...

This submission seeks to specifically address:

  • The failure to provide sufficient guarantees of human rights protection in the implementation of the Directive by Member States;
  • The overbroad scope and vague delineation of many of the offences to be established under the Directive, with consequences for the principle of legality and the prohibitions on arbitrary, disproportionate and discriminatory interference with human rights;
  • The designation of ancillary and inchoate offences with a low degree of proximity to the principal offence of commission of a terrorism-related act;
  • The imprecise definition of the specific intent required to incur responsibility for a number of offences and lack of requirements for wilful or voluntary conduct;
  • The potential of the Directive to undermine states’ obligations under international humanitarian law and international criminal law, where those regimes are applicable."

    See the full text: Joint NGO critique (pdf)

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