Responding effectively to the threats posed by terrorism, including FTFs, requires calm
reflection and targeted action, particularly when political and public pressure may call
for hasty adoption of new and “tougher” laws and actions – especially in the wake of
terrorist attacks. The democratic process provides inherent safeguards – including open
debate, transparency and genuine participation of groups that may be affected – that
are particularly important for the development, adoption and implementation of new
laws, policies and practices in security matters. Governments must make every effort to
ensure that human rights and the rule of law are real and visible parts of the democratic
process and political debate when designing and implementing responses to threats of
terrorism, including from FTFs.
What is often portrayed as a “security first” approach typically marginalizes the respect
for human rights and the rule of law that are crucial elements of security. However,
counter-terrorism, human rights and the rule of law have been frequently recognized
as mutually reinforcing, including in the FTF-context. Where human rights are violated
and fundamental rule of law principles set aside, counter-terrorism efforts contribute to
distrust and risk fueling the narratives around injustice that can encourage individuals
to support terrorism at home or abroad. On the other hand, adherence to human rights
and the rule of law strengthens the legitimacy and credibility of FTF-related measures.
In its last biennial review of the UN Global Counter-Terrorism Strategy, the UN General
Assembly stressed once again that when counter-terrorism efforts neglect the rule of
law and human rights “they not only betray the values they seek to uphold, but they
may also further fuel violent extremism that can be conducive to terrorism”.270 This
understanding is also enshrined in the terrorism-related commitments of the OSCE and,
indeed, is the very essence of the OSCE’s comprehensive concept of security.271
A human rights and rule of law-based approach to address potential threats and challenges of FTFs must reflect several elements that have been discussed throughout this
document. Of particular importance are independent reviews of how FTF-related laws,
policies and practices are implemented, alongside oversight of the government and intelligence agencies involved in their implementation. Independent review and oversight,
investigations into potential misconduct and appropriate accountability, and remedies
and reparation for violations are all crucial for the protection of human rights. They also
represent opportunities for learning, and for states to identify shortcomings and make
adjustments accordingly, contributing to policies that are not only more human rights
compliant but also more effective in the long-term.
270 UN General Assembly Resolution 72/284 (“The United Nations Global Counter-Terrorism Strategy
Review”), adopted on 26 June 2018, UN Doc. A/RES/72/284, para. 10.
271 See, in particular, OSCE Consolidated Framework for the Fight against Terrorism, op. cit., note 59.
74
Guidelines for Addressing the Threats and Challenges of “Foreign Terrorist Fighters”
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