1.1 Understanding VERLT Conceptual challenges The first challenge to understanding VERLT is the lack of comprehensive and internationally agreed definitions of violent extremism, of what constitutes radicalization leading to 22 terrorism or, indeed, of terrorism. The problems connected to the lack of a universally recognized definition of terrorism are well known, and they are further compounded by the proliferation of even broader notions of “violent extremism” and “radicalization to terrorism”. A number of UN resolutions call on UN Member States to take actions to tackle these phenomena, without providing a definition of these terms. Some observers have warned against the definitional lack of clarity of binding UN Security Council resolutions referring to violent extremism and the ample latitude this gives to states, which may result 23 in disproportionate, discriminatory and highly intrusive measures. The conceptual debate about the nature of VERLT and how to differentiate between violent extremism and terrorism remains largely unresolved, and both terms are often used 24 interchangeably without clear boundaries between them. The UN Special Rapporteur on the Promotion and Protection of Human Rights and Fundamental Freedoms while Countering Terrorism (hereafter, the “UN Special Rapporteur on Counter-Terrorism”) highlighted that the term “preventing and countering violent extremism” is particularly problematic, as it can encompass a broader array of people than “counter-terrorism” but, at the same time, is not clearly defined. Measures to counter violent extremism should, 25 therefore, be even more carefully scrutinized from a human rights perspective. While the issue of defining relevant terms and concepts remains problematic, a growing body of research has focused on the process of VERLT. One useful description to understand the process of radicalization that leads to terrorism is its characterization as “a 22 23 24 25 16 OSCE, Preventing Terrorism and Countering Violent Extremism and Radicalization that Lead to Terrorism: A Community-Policing Approach, (Vienna: OSCE, February 2014), joint publication by the OSCE Secretariat and ODIHR, p. 35. This concern has been expressed, in particular, about UN Security Council Resolution 2178 (2014), focused on addressing the threat posed by foreign terrorist fighters. The resolution contains a section on countering violent extremism, “which can be conducive to terrorism, including preventing radicalization” as an essential element to tackle such threat. UN Special Rapporteur on the Promotion and Protection of Human Rights and Fundamental Freedoms while Countering Terrorism (hereafter, UN Special Rapporteur on Counter-Terrorism), “Preventing and Countering Violent Extremism: A Human Rights Assessment”, A/HRC/31/65, p. 29 April 2016, para. 20. For concerns regarding the lack of clarity about definitions arising from UN Security Council Resolution 2178, see ODIHR, Guidelines for Addressing the Threats and Challenges of “Foreign Terrorist Fighters” within a Human Rights Framework, (Warsaw: ODIHR, 2018), pp. 17 and 22-24. UN Special Rapporteur on Counter-Terrorism, “Preventing and Countering Violent Extremism”, ibid., para. 13. “The Special Rapporteur underscores that the lack of semantic and conceptual clarity surrounding violent extremism is an obstacle to any in-depth examination of the impact on human rights of strategies and policies to counter violent extremism, as well as of their effectiveness in reducing the threat of terrorism”, Report of the UN Special Rapporteur on Counter-Terrorism, “Human Rights Impact of Policies and Practices Aimed at Preventing and Countering Violent Extremism”, A/HRC/43/46, 21 February 2020, para. 12.