The Council of Europe Convention on the Prevention of Terrorism 2006 [CECPT] is a regional multilateral treaty negotiated under the auspices of the Council of Europe. Most notable amogst its provisions are the three new offences which it defines: Public Provocation to Commit a “Terrorist Offence”; Solicitation of Persons to Commit “Terrorist Offences”; and Provision of Training For “Terrorist Offences”. Parties are required to establish these offences in their national legal systems. However the obligation only applies in respect of behaviour where there is an international nexus of some sort. A “”terrorist offence” is defined as any of the offences defined under the 12 existing international conventions on terrorism presently in force. The Palace of Europe in Strasbourg The Council of Europe (French: Conseil de lEurope, German: Europarat) is an international organisation of 46 member states in the European region. ... International conventions on terrorism set out obligations of states in respect to defining international counter terrorist offences, prosecuting individuals suspected of such offences, extraditing such persons upon request, and providing mutual legal assistance upon request. ...

The Incitement Offence

The most controversial part of the CECPT is its definition of Public Provocation to Commit a Terrorist Offence. Article 5 of the CECPT defines this as intentionally distributing a message to the public, with the intent to incite the commission of a ‘terrorist offence’, where such conduct, whether or not directly advocating terrorist offences, causes a danger that one or more terrorist offences may be committed.

This is the first attempt in an international law context to define “incitement” to terrorism. It is controversial most notably because of the inclusion of “indirect” incitement. The limits of this concept are not defined in the CECPT. Article 12 of the CECPT requires parties to implement, and apply the offence in a way which is compatible with the Right to freedom of Expression as recognised in International Law [See Article 10 of the European Convention of Human Rights, and Article 19 of the UN’s International Covenant on Civil and Political Rights ]. There is some evidence that in a purported fulfilment of their obligations under the CECPT, States are going further than the CECPT and the relevant Human Rights principles would require or permit [See the British Terrorism Bill 2005 clauses 1 and 2]. The European Convention on Human Rights (1950) was adopted under the auspices of the Council of Europe† to protect human rights and fundamental freedoms. ... The International Covenant on Civil and Political Rights is a United Nations treaty based on the Universal Declaration of Human Rights, created in 1966. ... The Terrorism Bill 2005 is a bill introduced on October 12, 2005 [1] and currently progressing through the Parliament of the United Kingdom. ...

Ratifications etc

The CECPT is open for signature by the member states of the Council of Europe, the European Community and by non-member states which have participated in its elaboration. As of 31 January 2006, thirty one member states of the Council of Europe had signed the CECPT, and there were no ratifications, acceptances, or approvals. However many states are in the process of drafting domestic legislation which would enable them to do so. Article 23.3 of the CECPT provides that it shall enter into force three months after six signatories, including at least four member states of the Council of Europe, ratify, accept or approve it. The European Community (EC), most important of three European Communities, was originally founded on March 25, 1957 by the signing of the Treaty of Rome under the name of European Economic Community. ...

External Links

• Text of the CECPTpdf
• Explanatory Report to the Convention
• Chart of Signatures, Ratifications etc
• UK Parliament's Human Rights Committee's analysis of Human Rights problems with UK implementation of incitment offence