3. Recommendations and
Analysis: Addressing the
Dynamics and Challenges of
FTFs within a Human Rights
Framework
3.1 Recommendations on the Nature, Scope and Definitions of FTFrelated Laws and Policies
Recommendations
OSCE participating States should:
• Carefully define and limit the scope of activity covered by FTF-related laws and
policies and ensure that responses are framed around the conduct of individuals,
and clearly identified in law;
• Adopt legislative provisions based on a definition of terrorism that follows the
approach of UN Security Council Resolution 1566 (2004) and offences within the
scope of international conventions and protocols relating to terrorism;
• Avoid in law, policy and practice the use of vague or imprecise terms that are
prone to arbitrary application, such as “extremism”, disconnected from specific
violent conduct or incitement to violence, and ensure that terrorist designations
meet due process standards;
• Distinguish “foreign terrorist fighting” from participation in armed conflict consistently with international humanitarian law (IHL), and apply and interpret
FTF-related measures consistently with, and in a way that does not undermine,
the broader legal framework, including IHL; and
• Provide appropriate safeguards for legitimate activity such as human rights and
humanitarian work, including by women’s groups and organizations, and in particular exempt humanitarian work in conflict zones from restrictions designed to
counter FTF-related acts.
Guidelines for Addressing the Threats and Challenges of “Foreign Terrorist Fighters”
21
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