From suppression to prevention : an analysis of the main counter-terrorism legal strategies adopted by the Council of Europe in the "Prevention" convention (CETS196)

Abstract

This work analyses specific suppression and prevention strategies arising from the Council of Europe Convention on the Prevention of Terrorism and other anti-terrorism instruments and initiatives, including the European Convention on the Suppression of Terrorism and the Amending Protocol to this Convention. It studies the legal strategic progression from suppression of terrorism to prevention of terrorism through a comparative and thematic analysis of the various legal instruments, tools and mechanisms adopted by the Council of Europe in these three Conventions as well as other legal instruments elaborated on a regional and international level. A thematic analysis of the specific prevention strategies found in the Council of Europe Convention on the Prevention of Terrorism is made with particular reference to the specific criminal offences created by this Convention and the facilitation of the aut dedere aut iudicare mechanism. The specific duties of national prevention policy development and investigation of criminal offences set up by this Convention are discussed with particular reference to the high degree of international co-operation necessary for their proper effective implementation. This work propounds various suggestions for legal amendment and changes (some radical and far reaching, others more humble and practical) through which, in the author's views, the Council of Europe would render its counter-terrorism efforts more effective. These suggestions include also a long-term action plan based on the consolidation of the Council of Europe anti-terrorism legislation. The other short to medium term action plan suggestions include specific amendments to the Conventions and other instruments relevant to the Council of Europe's counter-terrorism strategies and the re-evaluation of the role of the CODEXTER and the Group of Parties. Other proposals include introducing broader counter-terrorism brain storming capabilities and devising better counter-terrorism co-ordination powers while increasing the efforts and initiatives to address root causes of terrorism and the enhancement of the criminal law approach to counter terrorism more efficiently and effectively. The final aim of this work is to propose concrete suggestions that might help the Council of Europe to make the real leap in its counter-terrorism strategies from suppression to prevention of terrorism.