Minister of Justice of France addresses the Security Council Counter-Terrorism Committee on “The importance of the rule of law in countering the current terrorist threat”

BMUSONI — Tue, 10 Feb 2015 17:03:00 +0000

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Christiane Taubira (centre), French Minister of Justice and Keeper of the Seals, addresses the open briefing by the Security Council Counter-Terrorism Committee (CTC) on "The importance of the rule of law in countering the current terrorist threat. She is flanked on the dais by Jean-Paul Laborde, Executive Director of the CTC Executive Directorate (CTED); and Raimonda Murmokait?, Permanent Representative of Lithuania to the UN and Chair of the CTC. At right is Deputy Secretary-General Jan Eliasson.

In an open briefing of the Security Council Counter-Terrorism Committee on 10 February 2015, the Minister of Justice of France, H.E. Christiane Taubira participated in an interactive session on “The importance of the rule of law in countering the current terrorist threat.” Following an opening statement by the Chair of the Committee, H.E. Ambassador Raimonda Murmokaité, Permanent Representative of Lithuania to the 51�Թ�, and opening remarks by Executive Director of the Counter-Terrorism Committee Executive Directorate (CTED), Jean-Paul Laborde, the Minister delivered her passionate speech.

Christiane Taubira, French Minister of Justice and Keeper of the Seals, addresses the open briefing by the Security Council Counter-Terrorism Committee (CTC) on “The importance of the rule of law in countering the current terrorist threat”.

“Our principal task is to ensure that the world does not come undone,” underlined the Minister. “Our response

[to terrorist acts] needs to be based on the respect for the rule of law and solidarity in action.”

The Minister also outlined France’s four pillars of countering terrorism, which include modernized penal legislation, a government action plan to dismantle terrorist networks, a diversified state answer in terms of public policies, and a rigorous analysis of the phenomenon of indoctrination.

“We have to build peace, and peace is built through law. We have to build peace through law because recent situations in several countries have taught us that it is not enough to win a war to achieve peace,” said the Minister.

In his opening remarks, Executive Director Laborde underscored that the terrorist threat must be countered within a rule of law framework and according to the proportionality principle. “Otherwise, in what name are we standing up to terrorism?” he asked.

Following a lively interaction with representatives of Member States, Deputy Secretary-General of the 51�Թ� Jan Eliasson emphasized the need for the international community to speak with one voice, letting every terrorist organization know that “The world stands united in withstanding your atrocities.”

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Launch of project to support senior judicial officials in leading a criminal justice response to terrorism

BMUSONI — Sun, 01 Feb 2015 19:11:00 +0000

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On 22-23 January 2015, a project on “Supporting Senior Judicial Officials in Leading a Criminal Justice Response to Terrorism in Europe, Middle East and North Africa” was launched during a round-table meeting hosted by the International Institute for Justice and the Rule of Law (IIJ) in Valletta, Malta. With expert support provided by the Counter-Terrorism Committee Executive Directorate (CTED), the project is implemented by the Global Center on Cooperative Security (Global Center) and the Institute for Security Studies (ISS), with funding by the European Commission. Its overall purpose is to allow Supreme Court justices to discuss substantive issues and current and projected judicial priorities and challenges in handling terrorism cases.

In his opening remarks, CTED Executive Director Jean-Paul Laborde stressed that judicial authorities played a critical role in interpreting counter-terrorism legislation and relevant international instruments. In doing so, they faced multiple challenges, especially as they were also required to protect human rights, including the rights of victims of terrorism and the rights of those accused of terrorism-related crimes (including their right to a fair trial). Supreme Courts’ Judges were responsible for ensuring the legality of national provisions transposing international norms, for assessing the compliance of domestic laws with international standards, and for interpreting standards already applied by international or regional courts. They were also well placed to accelerate and strengthen regional cooperation by engaging in strategic and operational discussions with their colleagues.

The Executive Director further underlined that the feedback gathered by CTED within the framework of assessment country visits indicated a need to develop a global, holistic and sustainable approach in supporting Member States’ efforts to bring terrorists to justice through effective adjudication at all levels. Establishing a global platform for the exchange of good practices by senior national judicial officials would be an important step in this direction. At the regional level, the project targeting jurisdictions in Europe, the Middle East and North Africa was a good starting platform, since it brought together the highest level of the judiciary of the States involved.

The participants reflected on the current state of terrorism-related case-law in their respective jurisdictions and discussed multiple challenges in reconciling the requirements applicable to national security cases and the respect for rule of law and fair trial principles. In particular, different views were exchanged with regards to advantages and disadvantages of special courts and/or specialized judges dealing with terrorism-related cases; judicial strategies in interpreting counter-terrorism legislation, including the definitions of terrorist offenses, with reference to international counter-terrorism instruments; challenges related to ensuring the respect for the rule of law and fair trial principles in terrorism cases, including the right to a meaningful appeal; importance of international judicial cooperation; logistical difficulties in adjudicating terrorism cases and strategies to overcome them; as well as to personal security of judges involved in terrorism cases.

By the second meeting planned for October 2015, select Supreme Court-level justices will have conducted national-level seminars and listening tours. They will explore procedural issues faced by trial and appellate-level judges handling terrorism-related crimes through seminars and meetings with judges, judicial academies, attorneys, civil society, and other criminal justice actors. Key observations based on the country context, successful strategies employed, and ongoing challenges will be shared during high-level roundtable meetings. In so doing, the project aims to lay the foundations for the development of a sustainable, non-political forum for Supreme Court-level and senior judicial officials of Europe, North Africa, and the Middle East.

Front Page Article:

Security Council - Counter-Terrorism Committee (CTC) - rule of law

Minister of Justice of France addresses the Security Council Counter-Terrorism Committee on “The importance of the rule of law in countering the current terrorist threat”

french_minister_big.jpg

Launch of project to support senior judicial officials in leading a criminal justice response to terrorism

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