The prosecution of foreign terrorist fighters (FTFs) presents major challenges that may require the introduction of new legislation, CTED told a recent gathering of experts in Malta.
“The foreign terrorist fighters phenomenon is not new, but its current scope is unprecedented. It is therefore essential to mobilize all relevant resources to address this phenomenon”, said CTED Chief of Section Ahmed Seif El-Dawla.
Security Council resolution 2178 (2014), adopted in September, requires Member States to have adequate legal measures to address the FTF phenomenon.
“Compliance with some of these new obligations may require new laws, but several may be addressed through existing legal and practical measures. Therefore, it is important to know what can be done with the measures which are already at our disposal”, Mr. El-Dawla added.
The seminar was held in Valletta from 15 to 17 December 2014 by CTED and the Malta-based International Institute for Justice and the Rule of Law. The sixth in a series of seminars on “Bringing Terrorists to Justice” targeted at prosecutors with experience in handling terrorist cases, it was attended by the Attorney-General of Malta, as well as by around 40 prosecutors and judges from various regions of the world and representatives of international, regional and subregional organizations.
Participants discussed trends and challenges in the prosecution of cases involving FTFs, with respect in particular to the range of possible offences, the collection and availability of admissible evidence, and the applicability of the preventive offences addressed by resolution 2178 (2014). Adopted under Chapter VII of the UN Charter, the resolution requires Member States to ensure that their legal and judicial system have the ability to prosecute and penalize their nationals who travel or attempt to travel for the purpose of the perpetration, planning or preparation of terrorist acts, or the providing or receiving of terrorist training.
Seminar participants shared their experiences on how best to prosecute preventive offences related to foreign terrorist fighters and the type of offences and charges used for the prosecution of FTF cases. The discussions also focused on the main types of evidence used in the prosecution of FTF cases and the main obstacles and opportunities in gathering evidence in such cases. Participants also recalled that all measures against terrorism, and in particular those targeting FTFs that may limit the exercise of fundamental freedoms such as the freedom of speech, should be employed only for a legitimate purpose and must comply with the principles of necessity and proportionality.
“Among the challenges identified, and which would need to be addressed by the Institute in the future, is acquiring and admitting information technology evidence into cases of foreign terrorist fighters,’ noted the Institute’s Executive Director Robert Strang.
The seminar was funded by the U.S. Government as part of the CTED global initiative for prosecutors on “Bringing Terrorists to Justice” in accordance with Security Council resolution 1373 (2001). CTED plans to facilitate a series of further FTF-related activities over the coming months, in close cooperation with the Institute, the CTITF, UNODC and the EU.