3.3 Criminal Law Responses: Scope of Criminality, Principles, Procedures and Penalties Recommendations OSCE participating States should: • Recognize the crucial role of criminal law, in conformity with fundamental rule of law principles, in countering terrorism and FTF-related threats, and that overreaching approaches that operate outside of a rule of law-based criminal justice framework, with its established legal procedures and safeguards, are counter-productive; • Define the scope of criminality concerning FTF-related offences consistently with the basic principle of legality (no punishment without law), requiring certainty, clarity and specificity of legal provisions; • Ensure that criminal responsibility is not based solely on association with terrorist groups, or expression of opinions about their activities, but on intentional contributions to, instigating or inciting terrorist acts, as defined in accordance with international human rights law; • Ensure that criminal law is applied as a matter of last resort, in line with the principle of restraint in the use of criminal law and the interests of justice and with a view to prosecuting genuine terrorist conduct while curtailing over-reach; • Strictly respect the fairness of criminal proceedings and the presumption of innocence in accordance with international fair trial standards; • Enhance inter-state co-operation in respect of prosecution of terrorist acts, while complying with international human rights standards. In doing so, exchange information and evidence directed at the fair prosecution of criminal conduct, while: * guaranteeing that information that may have been obtained in other countries by unlawful means, especially torture and other ill-treatment, is not used in domestic legal proceedings or otherwise, and * taking appropriate measures to ensure that information shared with other countries is not used in contravention of international human rights standards in those countries; and • Punish FTF-related offences in a manner commensurate with the crime and according to individual culpability, based on conduct and criminal intent. Also, guarantee humane and dignified treatment of detainees suspected or convicted of FTF-related offences at all times, with due regard to the specific risks and needs of female FTFs in detention. Criminal law plays a crucial role in addressing conduct that intentionally contributes in various ways to acts of terrorism. In principle, it can provide a solid rule of law starting point for responses to FTF-related crimes. As far as FTFs have committed crimes abroad, criminal law can be used to secure accountability. In principle, criminal procedure also 34 Guidelines for Addressing the Threats and Challenges of “Foreign Terrorist Fighters”