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Completed Projects

Rule of Law-Based Use of Administrative Measures in a Counter-Terrorism Context

Building on ICCT's contribution to the 2019 "Glion Recommendations on the Use of Rule of Law-Based Administrative Measures in a Counterterrorism Context the Rule of Law pillar at ICCT has conducted activities to raise awareness and understanding on adopting administrative measures that comply with rule of law and human rights obligations in a counter-terrorism context. 

Drawing on extensive research into the relevant actors, international legal frameworks, and key actions in the use of administrative measures in a counter-terrorism context, ICCT "The Training Manual for the GCTF Glion Recommendations on a Rule of Law-Based Use of Administrative Measures in a Counter-Terrorism Context" to support practitioners and policymakers in translating these recommendations into concrete policy responses.

To disseminate this in a context that could directly in influence policy, ICCT delivered four tailored workshops to audiences of policymakers, law enforcement officials, and other relevant stakeholders in African, MENA, South, and South-East Asian regions. To further disseminate these lessons, ICCT finally published a two-part policy brief on the lawfulness and effectiveness of imposing these 'admin measures'. Effectiveness was comprehensively assess through considering the gendered, age-sensitive impact assessments, and monitoring & evaluation.

    Highlights

    About the project

    Extra body

    When administrative measures are developed and implemented carefully, in full conformity with international human rights obligations and the rule of law, and with due attention to procedural safeguards and effective oversight, they can supplement the existing legislative and policy framework on social, educative and other services aimed at preventing further radicalisation to violence of an individual and/or preventing individuals from committing a terrorist crime.

    Nonetheless, the increasing use and expanding catalogue of these measures, their impact on the exercise of human rights, and their potential to circumvent criminal proceedings means that a close examination of the imposition of administrative measures is needed.

    Only when administrative measures have a legal basis, pursue a legitimate aim and meet certain substantive criteria and procedural can they effectively contribute to diminishing a terrorist threat. In a small number of exceptional cases and when used utmost restraint can administrative be a useful tool.

    The use of administrative measures continues to be at the forefront given its connections to developments in the sanctions regime and the recent uses of administrative measures against right-wing extremist groups.

    This "Training and Policy Kit Project" ran from November 2019 to December 2021. It was spearheaded by ICCT and was conducted in association with the Global Counter Terrorism Forum’s Criminal Justice and Rule of Law Working Group and the International Institute for Justice and the Rule of Law. The aim of the project was to improve a Rule-of-Law based use of administrative measures in a CT context. The Training and Policy Kit and the subsequent workshops were designed to further support practitioners, policymakers as well as other governmental experts, to formulate responses and to translate the Glion recommendations into concrete actions.

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