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

In order to address the evolving challenges and threats of terrorism, States have adopted a broad set of measures to address root causes, establish a criminal justice response and create a rehabilitative framework. To complement existing counterterrorism legislation and policies, additional administrative measures can constitute a valuable tool to deal with an individual considered to be a risk for national security when there is not enough evidence to open criminal proceedings. When administrative measures are used within a rule of law framework they could contribute to prevent individuals from committing a terrorist crime. The GCTF Criminal Justice and Rule of Law Working Group (GCTF CJ-ROL Working Group) has developed Recommendations for the use of administrative measures that fully respect human rights and the rule of law. The Recommendations offer guidance to policy makers, law enforcement officials, and other relevant stakeholders for the design, implementation, and monitoring of administrative measures in accordance with applicable domestic law and in full respect of applicable international law.

Aims of the Project

The Training and Policy Kit Project runs from November 2019 to December 2021. It is spearheaded by ICCT and is being 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 is to improve a Rule-of-Law based use of administrative measures in a CT context. The Training and Policy Kit and the subsequent workshops are designed to further support practitioners, policymakers as well as other governmental experts, to formulate responses and to translate the Glion recommendations into concrete actions.

Objectives

  1. Develop a Training and Policy kit: The Training and Policy kit will identify key actions and key actors as well as relevant international legal framework, and provide relevant case-law examples.
  2. Raise awareness of the Glion Recommendations on a Rule of Law-Based Use of Administrative Measures in a Counter-Terrorism Context
  3. Provide practical and hands-on guidance, in multiple languages, on how to use administrative measures in a counter-terrorism context in a rule of law compliant manner.

The Experts

Meet the ICCT team members and our partners who contributed to this project.