Recently, two articles have been published on the website of Opinio Juris in the context of the JUSTICE-project by experts who took part of the roundtables on counter-terrorism and human rights organised by the International Commission of Jurists.
The use of administrative measures by the Dutch government in order to combat terrorism
In his article, Mohamed Rafik, member of the working group on Criminal law, discusses the trend of governments increasingly relying on using administrative measures in order to combat terrorism, including the Dutch government. Contrary to criminal law, administrative measures do not have procedural safeguards. This is worrisome, because it erodes the rule of law. The Dutch ‘Temporary administrative measures to counter terrorism act’ is examined thoroughly in the article and includes an analysis by Rafik of the administrative order of a travel ban. Furthermore, the article shows how administrative measures violate human rights, such as the presumption of innocence, the right to a fair trial, right to private and family life, right to freedom of movement and the right to work. The article was written on behalf of the NJCM and can be accessed on the website of Opinio Juris.
Religious discrimination in counter-terrorism in France
The second article, written by Adélaïde Jacquin, points out that the counter-terrorism policy of France leads to religious discrimination. Considering the background of the terrorist attacks in February and November 2015, a risk for a political and discriminatory implementation of the law in terrorists’ cases exists, especially when the legal provisions used in counter-terrorism are not strictly defined. The article can be found here.
