Cooperative Engagement on Ensuring Respect for Human Rights while Countering Terrorism: The Significance of the UN Global Counter‐Terrorism Strategy for Europe
 
This paper provides background for representatives from the European Commission, the Council of the European Union, the European Parliament, and civil society to engage in a dialogue on the significance of the UN Strategy in the context of the European Union’s efforts to address terrorism while respecting human rights and the rule of law.

A joint declaration by the United States and European Union saying respecting human rights and complying with international law are “fundamental principles” in combating terrorism received praise from both Justice and State officials. Issued on June 3, 2010, the statement outlines a comprehensive and cooperative anti-terrorist strategy seeking to “diminish the long term threat of violent extremism.” It calls for implementation of UN Resolution 1904, reaffirmation of the 2006 United Nations Global Counter-Terrorism Strategy, and acknowledges the vital role aid and development groups play in reducing terrorism and addressing the needs of vulnerable people.

The EU-US and Member States 2010 Declaration on Counterterrorism is a framework designed to strengthen the partnership between the U.S. and EU in diplomacy, law enforcement and judicial assistance and to address the “conditions conducive to violent radicalization and recruitment into terrorism.” It says “respect for the rule of law and international law, including human rights law, international humanitarian law, and refugee law, are fundamental in the national and international efforts in the fight against terrorism.”

 

U.S. Attorney General Eric Holder welcomed the declaration. “This declaration demonstrates our joint commitment to protect our citizens from terrorism consistent with our laws, our values and our commitment to individual privacy,” Holder said in a statement.
Philip J. Crowley, Assistant Secretary of the Bureau of Public Affairs at the Department of State, responding to the statement by reaffirming the U.S. commitment to respecting international law and human rights in the fight against violent extremism. “We and our partners in the EU are committed to working together to combat the threat of terrorism, bringing to that effort our common values of freedom and democracy, and our respect for international law, the rule of law, and human rights,” Crowley said.

 

Coming just days after President Obama’s new national security strategy, whicht underscores the importance of working closely with allies to counter violent extremism and makes a “commitment to human dignity,” the statement says the U.S. and EU member states should:

  • “Reaffirm that any measures undertaken by States to prevent and combat terrorism, including international cooperation, must comply with the State’s obligations under international law, in particular human rights law, international humanitarian law and refugee law.”

  • “Emphasize the importance of continued efforts to ensure that all terrorist suspects’ trials occur within a legal framework that provides for meaningful due process rights and ensures that the proceedings are fair, public to the maximum extent possible, and effective.”

  • “Commit to fully implement the improved transparency and procedures foreseen by UNSCR 1904, inter alia, the functions of the Ombudsperson, to further strengthen the effectiveness, and fairness of the sanctions regime.”

  • “Acknowledge that a fundamental principle in our approach to counter terrorism is to protect and uphold democracy and human rights. Respect for human rights is fundamental to stability. We will build upon efforts to incorporate rule of law and human rights components into capacity building programs.”

  • “Acknowledge the important role of civil society to help isolate terrorism and strip it of the false façade of legitimacy, and the importance of addressing legitimate concerns and grievances regarding civil rights and civil liberties from minorities and individuals in order to build their opposition to violent extremists.”

  • “[C]onsider ways to promote further use [the consolidated list by the UN Security Council’s 1267 Committee] while improving the process for listing and delisting so it is as fair and transparent as possible and keeping in mind that robust identifying information is essential for the effective implementation of the asset freeze.”