is an important objective which can, in principle, permit the limitation of
certain rights. To be justifiable, however, the imposition of such a limitation
must satisfy various requirements. Assuming that the right is capable of
limitation and that the limiting measure is imposed within the bounds
of certain procedural requirements, it must be necessary to achieve a
particular counter-terrorism objective. To be necessary, a rational link
must exist between the limiting measure and the pursuit of the particular
objective.40 The existence of a rational link will normally be accepted if the
measure logically furthers the objective, although more evidence of this
connection might be necessary if such a link is not plainly evident.41
In that regard, and for the purpose of determining the importance of a
particular measure’s objective, it will be instructive to determine: how the
measure is linked with the countering of an actual or potential threat of
terrorism against the State; the measure’s contribution to international
and regional frameworks on counter-terrorism as well as, subsidiarily, its
contribution to other national interests of the State.42
(d) Example of permissible limitations
The requirements for a valid limitation of rights can be illustrated in the
context of incitement to terrorism and freedom of expression, a subject
considered further in chapter III. Prohibiting incitement to terrorism
involves a limitation on the ability of persons to express themselves as
they wish. Any prohibition against incitement must therefore comply with
the requirements for a legitimate limitation on rights and freedoms: the
limitation must thus be prescribed by law; be in pursuit of a legitimate
purpose; and be both necessary and proportional.
The first requirement, that any limitation must be prescribed by law, means
that the prohibition against incitement should take the form of a provision
within legislation. As to legitimate purpose, proscribing incitement to
terrorism is consistent with the protection of national security or public
order, which are both set out as legitimate grounds for the limitation
of freedom of expression in article 19 (3) of the International Covenant
on Civil and Political Rights. Prohibiting incitement to terrorism is also
consistent with its article 20 (2), which requires States to prohibit any
advocacy of national, racial or religious hatred that constitutes incitement
to discrimination, hostility or violence.
The final requirement of necessity and proportionality is relevant to the
way in which the proscription is expressed in the legislation and how it
is applied. The law prohibiting incitement to terrorism must be expressed
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