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"Foreign fighters":
EU response to UNSC Resolution 2178, the CoE Protocol and critical commentary
7.4.15


• AGREEMENT TO START NEGOTIATIONS BY WRITTEN PROCEDURE: Council decision authorising the opening of negotiations on an additional protocol supplementing the Council of Europe Convention on the Prevention of Terrorism (CETS No. 196) – Outcome of written procedure (LIMITE doc no: CM 2128-15.pdf): "We are pleased to inform you that the written procedure initiated by CM 2089/15 of 30 March 2015 was successfully completed..... the United Kingdom regrets the late publication of the Recommendation for a proposed Council Decision. This was published only after the negotiations for the Additional Protocol had been commenced. This is not consistent with the duty of sincere cooperation." ("Written Procedure" ids a process by which Member States do not meet but the text is circulated to all Member States and agreement is assumed if there are no substantive problems - in this instance a Member State Statements are attached)

Criminal justice response to the phenomenon of foreign fighters - Compilation of replies (LIMITE doc no: 5206-rev-2-15, 87 pages, pdf) Responses from 22 EU Member States

Judicial response to terrorism = State of play and next steps (5917-15, pdf) including: "Reinforced cooperation with third countries is indispensable to amplifying the response to terrorism across the EU. This is of particular importance for the identification of the alleged perpetrators and the collection of evidence based in foreign jurisdictions or the collection of e-evidence."

Commentary

“Foreign Fighters” and EU implementation of the UNSC resolution 2178. Another case of “Legislate in haste, repent at leisure…” ? (EASFJ, link): "the European Commission and the Council informed the EP of their intention to negotiate in the framework of the Council of Europe a protocol to the European Convention against terrorism, to implement the United Nations Security Council resolution 2178 on foreign “terrorist” fighters... highlights the main aspects of the issue of Foreign Fighters starting from the International law dimension by taking as basic references:

the excellent briefing Foreign Fighters under International Law” of the Geneva Academy of International Humanitarian Law and Human Rights and the very timely and focused remarks of the former United Nations Special Rapporteur on human rights and counter-terrorism Martin Scheinin on UNSC Resolution 2178":
Back to post-9/11 panic? Security Council resolution on foreign terrorist fighters

Martin Scheinin's comments include:"Let us assume that a country applies a definition of terrorism that includes organized campaigns of indigenous groups toward self-determination by non-violent means. Criminalizing the provision of training to empower these groups, including in the field of human rights, would then be legitimized by OP6. The repressive regime would refer to its obligations under the UN Charter to justify a crackdown upon travel, training and funding of organizations and movements said to constitute a threat to the oppressive regime itself – even when totally nonviolent."

See: Resolution 2178 (2014): Adopted by the Security Council at its 7272nd meeting, on 24 September 2014 (pdf)


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