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Completed Projects

Rule of Law-Based Use of Administrative Measures in a Counter-Terrorism Context

Building on ICCT's contribution to the 2019 "Glion Recommendations on the Use of Rule of Law-Based Administrative Measures in a Counterterrorism Context"  the Rule of Law pillar at ICCT has conducted activities to raise awareness and understanding on adopting administrative measures that comply with rule of law and human rights obligations in a counter-terrorism context. 

Drawing on extensive research into the relevant actors, international legal frameworks, and key actions in the use of administrative measures in a counter-terrorism context, ICCT "The Training Manual for the GCTF Glion Recommendations on a Rule of Law-Based Use of Administrative Measures in a Counter-Terrorism Context" to support practitioners and policymakers in translating these recommendations into concrete policy responses.

To disseminate this in a context that could directly in influence policy, ICCT delivered four tailored workshops to audiences of policymakers, law enforcement officials, and other relevant stakeholders in African, MENA, South, and South-East Asian regions. To further disseminate these lessons, ICCT finally published a two-part policy brief on the lawfulness and effectiveness of imposing these 'admin measures'. Effectiveness was comprehensively assess through considering the gendered, age-sensitive impact assessments, and monitoring & evaluation.

    Topics
    Counter-Terrorism & Counter-Extremism Criminal Justice & Administrative Measures Monitoring & Evaluation Rule of Law & Human Rights
    Region
    Americas Asia and Oceania MENA Sub-Saharan Africa Wider Europe

    Highlights

    Delivering Workshops on the Use of Admin Measures: Implementing the Glion Recommendations 2021

    Body

    To raise awareness of the Glion Recommendations on a Rule of Law-Based Use of Administrative Measures in a Counter-Terrorism Context (hereafter, ‘the Glion Recommendations’) and to provide practical guidance on how to use administrative  measures in a counter-terrorism context with respect for the rule of law, ICCT collaborated with The International Institute for Justice and the Rule of Law (IIJ) to deliver a further three online Workshop. These were held throughout 2021, each designed for audiences in the African, MENA and South and South-East Asian regions. The long-term results of this were to:

    • Raise awareness of the Glion Recommendations on a Rule of Law-Based Use of Administrative Measures in a Counter-Terrorism Context; and
       
    • Provide practical and hands-on guidance to policymakers, law enforcement officials, and other relevant stakeholders on how to use administrative measures in a rule of law compliant manner and while ensuring that these measures are not applied to erode fair trials safeguards as provided for in criminal proceedings.

    Developing a Training and Policy Kit on the Use of Admin Measures: Training Manual for the GCTF Glion Recommendations 2020

    Body

    Under the auspices of Nigeria and Switzerland, the co-chairs of the Criminal Justice and Rule of Law Working Group of the Global Counter-Terrorism Forum (GCTF), launched an initiative to develop training and policy recommendations on the use of administrative measures in a counter-terrorism context. The aim of the Training and Policy kit is to improve a Rule-of-Law based use of administrative measures in a CT context. The Training and Policy kit is designed to further support practitioners, policymakers as well as other governmental experts, to formulate responses and to translate the GCTF Glion Recommendations into concrete actions.

    ICCT developed, wrote, and produced the "The Training Manual for the GCTF Glion Recommendations on a Rule of Law-Based Use of Administrative Measures in a Counter-Terrorism Context", a 92 page guidance document. The Toolkit provides a comprehensive insight into the background of administrative measures within a counter-terrorism context and elaborates on how they can be implemented in a rule of law and human rights-compliant manner that also adheres to domestic laws. It identifies key actions, key actors, and the relevant international legal framework for the use of administrative measures in a counter-terrorism context.

    ICCT delivered this material in a workshop that it organised in October 2020.

    Policy Briefs 2021

    Body

    A two-part Policy Brief has been published by the ICCT on ‘The Expanding Use of Administrative Measures in a Counter-Terrorism Context’. Part 1, entitled ‘In Need of Rule of Law Safeguards’, explores the categories of admin measures, lawfulness of imposing them, and their effectiveness. Part 2, ‘In Need of a Gender and Age-Sensitive Approach’, details how to measure the effectiveness of admin measures through impact assessments, gendered impact assessments, age-sensitive impact assessments, and monitoring and evaluation.

     

    About the project

    Extra body

    When administrative measures are developed and implemented carefully, in full conformity with international human rights obligations and the rule of law, and with due attention to procedural safeguards and effective oversight, they can supplement the existing legislative and policy framework on social, educative and other services aimed at preventing further radicalisation to violence of an individual and/or preventing individuals from committing a terrorist crime.

    Nonetheless, the increasing use and expanding catalogue of these measures, their impact on the exercise of human rights, and their potential to circumvent criminal proceedings means that a close examination of the imposition of administrative measures is needed.

    Only when administrative measures have a legal basis, pursue a legitimate aim and meet certain substantive criteria and procedural can they effectively contribute to diminishing a terrorist threat. In a small number of exceptional cases and when used utmost restraint can administrative be a useful tool.

    The use of administrative measures continues to be at the forefront given its connections to developments in the sanctions regime and the recent uses of administrative measures against right-wing extremist groups.

    This "Training and Policy Kit Project" ran from November 2019 to December 2021. It was spearheaded by ICCT and was conducted in association with the Global Counter Terrorism Forum’s Criminal Justice and Rule of Law Working Group and the International Institute for Justice and the Rule of Law. The aim of the project was to improve a Rule-of-Law based use of administrative measures in a CT context. The Training and Policy Kit and the subsequent workshops were designed to further support practitioners, policymakers as well as other governmental experts, to formulate responses and to translate the Glion recommendations into concrete actions.

    Activities2

    Staff3

    Partners