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1 ACUNS Annual Meeting – Rome 2018 – Workshop Panel: Non-State Armed Groups and Counter-Terrorism Author: Maria Abruzzo – PhD Candidate Universidad Carlos III Madrid. Countering terrorism and online radicalisation while protecting fundamental freedoms: the role of United Nations. Key-words: terrorism, radicalisation, cyber-hubs, online proselytism, United Nations, human rights. “Terrorism remains a persistent and evolving global menace. It undermines international peace and security, destroys societies and destabilizes entire regions. It is an affront to the common values encapsulated in the United Nations Charter and the Universal Declaration of Human Rights. No country is immune to this threat. Social media, encrypted communications and the dark web are being used to spread propaganda, radicalize new recruits and plan atrocities.” (Vladimir Voronkov, Under-Secretary-General of the United Nations Office of Counter-Terrorism - Report of United Nations High-level Conference on Counter-Terrorism)

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Page 1: ACUNS Annual Meeting – Rome 2018 – Workshop Panel: Non ... · fundamentalist interpretation of the concept, the Quran encourages the observant t o protect those who professes

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ACUNS Annual Meeting – Rome 2018 –

Workshop Panel: Non-State Armed Groups and Counter-Terrorism

Author: Maria Abruzzo – PhD Candidate Universidad Carlos III Madrid.

Countering terrorism and online radicalisation while protecting fundamental

freedoms: the role of United Nations.

Key-words: terrorism, radicalisation, cyber-hubs, online proselytism, United Nations,

human rights.

“Terrorism remains a persistent and evolving global menace. It undermines international peace and security, destroys

societies and destabilizes entire regions. It is an affront to the common values encapsulated in the United Nations

Charter and the Universal Declaration of Human Rights. No country is immune to this threat. Social media, encrypted

communications and the dark web are being used to spread propaganda, radicalize new recruits and plan atrocities.”

(Vladimir Voronkov, Under-Secretary-General of the United Nations Office of Counter-Terrorism - Report of United

Nations High-level Conference on Counter-Terrorism)

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ABSTRACT:

As the United Nations Global Strategy (2006) states “[…] effective counter-terrorism

measures and the protection of human rights are not conflicting goals, but complementary

and mutually reinforcing1 […]”. Tackling terrorism threat, fulfilling the international obligations

and the respect of human rights for all are integral and interdependent purposes that every

State has the responsibility to attain, promote and protect. Even when freedom and security

maybe threatened by a risk of terrorist attacks, a State must safeguard people living within

its territory and, at the same time, act in compliance with the international law in order to

ensure that the rights of foreign criminal individuals are respected. In this regard, we will

analyse the instruments that the United Nations has developed throughout the years, as a

universal system aimed at facing terrorism (UN Preventing/Countering Terrorism tools and

bodies) and working in synergy with human rights protection mechanisms (tools; bodies).

Prior to examining the phenomena of radicalisation, terrorism and its related legal

framework, it is first necessary to understand: the traditional definition of jihād (according to

Islamic doctrine), and its evolution, or rather its “fundamentalist distortion”, the “mis-

interpretation” of jihād by violent radicalised subjects.

1 A/RES/60/288, IV. Measures to ensure respect for human rights for all and the rule of law as the

fundamental basis of the fight against terrorism.

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JIHĀD – THE ORIGINAL RELIGIOUS INTERPRETATION The term jihād is often translated as “holy war”, but this definition is restrictive and, for this

reason, easy to be misunderstood. The word jihād means “fight”, “effort” conducted “on the

way of God” (al’ jihād fi sabil Allah). As Professor Seyyed Hossein Nasr clarifies, jihād

actually means “[…] “exertion” in the path of God, and its outward aspect it is meant to be

defensive and not aggressive. Whatever misuse is made of this term by extremists in the

Islamic world or Western commentators of the Islamic scene does not change the meaning

of outward jihād in the traditional Islamic context […]2”. The radical fringes consider the jihād

as a “war”, a sort of revolution addressed against unbelievers and western enemies, as well

as, an obligation of all the Muslims. Nevertheless, in clear opposition to the incorrect

fundamentalist interpretation of the concept, the Quran encourages the observant to protect

those who professes other faiths3. According to Islam, a military attack or a proper war can

only occur in the case of a previous external aggression or in the event that a fragile

individual needs to be defended, as he/she is unable to do so. Once again, we quote

Professor Seyyed’s words: “There is an elaborate code of conduct in war based primarily on

the defense of dār al’islām rather than aggression, fair treatment of the enemy including

prisoners of war, prohibition of killing innocent civilians, and the like4”.

However, in the past few decades the world has been experiencing the effects of a

“fundamentalist” interpretation of the “fight in the path of God”: modern (distorted) jihād aims

at subverting the peaceful coexistence between different cultures, since co-existing with

2 Seyyed Hossein N., Islam. Religion, history and civilization, p. 34.

3 Antinori A. (2007), Shahada e Suicide-bombing. Fenomenologia del terrorismo suicida, p. 31.

4 Seyyed Hossein N., Islam. Religion, history and civilization, p. 34.

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those who jihādists consider “unbelievers” or “heretics” is in disaccord to the fundamentalist

philosophy. It is also restrictive referring to jihād as an “exclusively” religious form of

terrorism: if one carefully focuses on its genesis, tactics and purposes can realize how its

relationship closely aligns with nationalist terrorism. Though it might sound as a paradox,

modern “Islamist” terrorism (or rather more generically, “religious-motivated terrorism”) is

allegedly considered “laic5”, a possible consequence of a complex born process of a Nation

and its socio-political repercussions, a sort of new version of the old nationalist terrorism6.

Motivated to achieve their targets through a massive spreading of a misrepresented idea of

jihād, terrorist organizations of the Islamist sort generated a new form of militant participation

able to gather a multitude of followers all over the world: the “online jihād”.

TOWARDS A NEW (FUNDAMENTALIST) CONCEPT OF JIHĀD

One may affirm that globalized salafi terrorist entities such as al’Qaeda and Islamic State

(Daesh) are the result of violent-based interpretation of jihād. In the nineties, the al’Qaeda

leader Osama bin Laden - motivated by a distorted and violent interpretation of Islam -

defined the “West” as the Far Enemy to combat and he encouraged his followers to defend

the Ummah (the community of Muslims) which, in his ambitious project, had to be “global

and trans-national” crossing every territorial border7. More specifically, the al’Qaeda leader

made a distinction between the “Near Enemy” (represented by Arabic governments

5 Graziano M. (2017), L’alibi religioso del terrorismo, in Gnosis, p. 24.

6 Ibidem.

7 Antinori A. (2017), L’evoluzione jihadista (cyber-)globalizzata, in Terrorismo e comunicazione, p. 36.

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oppressing the Muslims) and the “Far Enemy”, the “unbeliever”- that is - “Western people”

or “crusaders8”, importantly United States: anyone that either in the past or in current times

dared to occupy the “territory of Islam” (dār al’islām 9).

Within the jihādi terrorism there are three distinct and different ideological and pseudo-

ideological perspectives:

pan-Islamism – a political-religious movement dating back to 19th century. Its origins did

not have a “terrorist trend”, it developed within the Ottoman Empire and its original purpose

was tackling western colonialism10. The pan-Islamists wanted to unify the Muslim People

and restore the “Caliphate”, abolished by Atatürk in 192411. Today the pan- Islamism

distinguishes two radical fringes12: the federalists – who want to establish the

“Islamic United States”, supporting a jihād within the territory (dār al’islām ); the con-

federalists – who aim at creating the “Islamic Union” and fostering a global jihād, a “ jihād

beyond borders” mainly based on the concept of an Ummah that observes the doctrine

regardless of any boundary.

As a willingness to unify all the Muslims, in a certain way pan-Islamism contributed to the

propagation of radicalism: Islamist organizations aim at eliminating any and all obstacles to

the unification of the Muslims. In 1892, Jamal al-Din al-Afghani was spreading a pan-Islamist

vision and became a leader who inspired many Islamist organizations, including “terrorist

8 Ibidem, p. 38.

9 Antinori A. (2007), Shahada e Suicide-bombing. Fenomenologia del terrorismo suicida, p. 32.

10 Guidère M. (2017), Il terrorismo islamista in 100 mappe – Da al’Qaeda allo Stato Islamico, p. 32.

11 Guidère M., (2017), Il terrorismo islamista in 100 mappe – Da al’Qaida allo Stato Islamico, p. 31.

12 Ibidem, p. 33.

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organizations” which have different mission objectives, such as al’Qaeda and Islamic

State13.

Takfirism – is a “sectarian” movement. Takfirists are self-proclaimed “real” Muslims, who

are the only defenders of the “real” religious tradition. In “their opinion”, they are allowed to

deprive non-Muslims of their permissions and protection, as well as, kill any possible

unbeliever. Takfirists strongly maintain and believe that a true Islamic State and its people

can only exist if they are ruled by the shari’a (the Islamic Law).

The takfirist movement finds its roots in the ideology of the Egyptian Sayyd Qutb, one of the

most remarkable icons of the modern Islamism. This specific interpretation of Islamism calls

for accusations (fatwa14) addressed to the “unbeliever” or “heretic” (kuffâr15). Qutb was one

of the first ideologists to call for the jihād against those Muslims who do not strictly follow the

religious precepts and did not apply the shari’a. The Takfirism mostly organized armed

groups in Egypt and Algeria (Salafi Group for Preaching and Combat - GSPC) which,

afterwards, established the al’Qaeda affiliate AQIM (al’Qaeda in the Islamic Maghreb) in

200616. Additionally, the Takfirism strongly influenced the Islamic State: in 2014, in fact,

several ISIS ideologists delivered fatwa, sentences of accusation (takfir17). ISIS’s strategy

seems to disseminate such ideology with the aim to make takfirist sect a “global” entity. As

for its global spreading, this radical ideology also entered the cyber-

13 Ibidem, p. 33.

14 Kepel G., (2001), Jihad ascesa e declino – Storia del fondamentalismo islamico, p. 60.

15 Guidère M., (2017), Il terrorismo islamista in 100 mappe – Da al’Qaida allo Stato Islamico, p. 174.

16 Guidère M., (2017), Il terrorismo islamista in 100 mappe – Da al’Qaida allo Stato Islamico, p. 37.

17 Kepel G., (2001), Jihad ascesa e declino – Storia del fondamentalismo islamico, p. 31 - 32.

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dimension, the “jihādisphere18” where “Dijihād19” (the internet jihād) takes place and

proliferates, since the beginning of the 20th century.

Caliphatism – is deeply rooted to the territory which is able to extend even “globally”.

Caliphatism is based on a theological ideology that elaborated on the Islamic notion of

territory. It distinguishes several dimensions within it: the formerly mentioned dār al’islām,

the territory of Islam; dār al’kufr, territory of unbelievers; dār al’harb, territory of the war; dār

al’sulh, territory of peace20. This categorization was redefined by the contemporary salafi

jihādist groups that consider the “territory” as artificial, since it was imposed from Western

countries (colonies) and, for this reason, conceived to separate the Islamic community

(Ummah). All the above-mentioned perspectives stress the deep connection to the complex

notion of territory, with a distinct and specific claim against the arbitrary concept of borders

designed by Western occupiers in the past.

CYBER - RADICALISATION

In the last years, radicalisation had a deep social impact as a result of digital devices and

social media. The cyber (dark) dimension of proselytism, with its pervasive and powerful

language, enhanced the cyber-radicalisation and has allowed it to spread overwhelmingly.

18 Antinori A. (2017), From the Islamic State to the Islamic State of Mind – The evolution of ‘jjhadisphere’ and

the rise of Lone Jihad, in CEPOL – European police science and research bulletin, ISSUE 16, pp. 47 – 55.

19 Ibidem, p 5.

20 Antinori A. (2007), Shahada e Suicide-bombing. Fenomenologia del terrorismo suicida, p. 33.

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Thus, such significant digital evolution generated an impressive change that Antinori21

(2015) calls “mediamorphosis” or rather a “process of transformation in which the medium

is not only a container of messages aimed to generate terror, such as in traditional

propaganda strategies, but it also becomes ‘media-terror’ itself, an asymmetric weapon of

the globalized contemporary reality throughout the violent action/representation nexus”. This

transition phase converted the old communication model (analogical and hierarchical) into

a more accessible model (digital and horizontal22) producing a proper revolution that had a

tremendous impact on several aspects of criminal dimension. Cyber-violent extremists avail

themselves of an accessible potent tool (the web), thus they are able to operate in a neutral

parallel universe (cyber-habitat) less subjected to traditional regulations, compared to their

“real” society/world, keep their anonymity safe, as well as, secure their protection.

Furthermore, cyber-violent extremists operate in a “freelance modality” while interacting with

a cyber-community of “veterans” and new apprentices to indoctrinate, with the aim to expand

a new army of proactive and self-taught fighters.

The cyber-dimension, thus, designed a new concept of “space and time” where everyone

can remain anonymous and act in a “never-ending (cyber-)hub of hate and violence where

21 Antinori, A. (2015), La 'mediamorfosi' del terrorismo jihadista tra iconoclastia e stato sociale.

Federalismi.it - Rivista di Diritto Pubblico, Italiano, Comparato, Europeo, 17, 2-17, pp. 4.

22 Antinori, A. (2017), The “Swarm Wolf”. Understanding to Prevent the Evolution of Terror, p. 52 (pp. 51 – 59),

in NATO Science for Peace and Security Series – E: Human and Societal Dynamics, Ebook, Volum 132:

Identification of Potential Terrorists and Adversary Planning

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i-nculturation and self-training are open and available for everyone whether they are active

participants or not23”.

PREVENTING AND COUNTERING RADICALISATION, VIOLENT EXTREMISM AND

TERRORISM: THE ROLE OF THE UNITED NATIONS As previously mentioned, throughout the years the United Nations has developed several

legal instruments to tackle terrorism threat that operate in synergy with an additional set of

tools implemented to protect fundamental rights. After the 9/11 terrorist attacks, the Security

Council adopted the resolutions 1373 (2001) and 1624 (2005), through which United Nations

established the Counter Terrorism Committee to support UN Member States in the

prevention of terrorist acts. It is endorsed by the Counter-Terrorism Committee Executive

Directorate (CTED).

By stating that indivisibility of security, economic development and human freedom are

crucial points, in 2004 the former UN Secretary General Kofi Annan called a group of 16

experts who elaborated an effectual system to guarantee collective security, by starting from

the assumption that “threats to our security are all interconnected24”. Summit goals and

discussions were enclosed in the report “A more secure world: Our shared

23 Antinori, A. (2017), From the Islamic State to the Islamic State of Mind - The evolution of ‘jjhadisphere’ and

the rise of Lone Jihad, in CEPOL - European police science and research bulletin, ISSUE 16, Summer 2017,

pp 52, Luxembourg Pubblication Office of the European Union.

24 Foreword by Kofi A. Annan, p vii, A more secure world: Our shared responsibility* - Report of the High-

level Panel on Threats, Challenges and Change”, published in December 2004.

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responsibility* - Report of the High-level Panel on Threats, Challenges and Change”

(December 2004). The meeting focused on the following points:

- to assess threats to international peace and security; - to evaluate how well the existing policies and institutions addressed those threats (at that

time 2004);

- to recommend ways of strengthening the United Nations to provide collective security for

the twenty-first century.

In 2005, the UN Secretary-General established the Counter-Terrorism Implementation Task

Force (CTITF) and its main task was strengthening the coordination of the whole counter

terrorism system, until it evolved into the United Nations 38 Global Counter- Terrorism

Coordination Compact, as a result of the establishment of the United Nations Office of

Counter-Terrorism in 2017. Furthermore, following the resolution 2005/80 the Commission

on Human Rights nominated a Special Rapporteur on the Promotion and Protection of

Human Rights and Fundamental Freedoms while Countering Terrorism (April 2005).

In order to refer to a common action plan, on 8th September 2006, the UN General Assembly

adopted the Global Counter-Terrorism Strategy through the Resolution A/RES/60/288.

The Strategy aims at strengthening international cooperation among States and is based on

4 crucial pillars25:

- addressing the conditions conducive to the spread of terrorism; - pointing out measures to prevent and combat terrorism;

- promoting measures to build states’ capacity to prevent and combat terrorism;

25 A/RES/60/288 -

https://documentsddsny.un.org/doc/UNDOC/GEN/N05/504/88/PDF/N0550488.pdf?OpenElement

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- promoting measures to ensure respect of human rights for all and the rule of law as

the fundamental basis for the fight against terrorism.

With regard to the last pillar, the Point 12 (Part II) of the Resolution A/RES/60/288 also

highlights two important targets:

A – to coordinate efforts at the international and regional level to counter terrorism in all its

forms and manifestations on the Internet, and;

B – to use the Internet as a tool for countering the spread of terrorism, while recognizing that

States may require assistance in this regard.

Through the UN Global Strategy, therefore, States commit themselves to ensure that “any

measure taken to combat terrorism comply with their obligations under international law, in

particular human rights law, refugee law and international humanitarian law26”.

In September 2017, the Human Rights Council (which replaced the old Commission in 2006)

renewed the mandate of the Working Group on enforced or involuntary disappearances

of persons (dating back 1980) through the Resolution A/HRC/RES/36/6. Finally, we may

also mention two milestone documents produced by the UN in 1966, the International

Covenants (ICCPR and ICESCR) whereby human rights are considered “universal,

indivisible and interdependent, and interrelated” (from Vienna Declaration and Programme

of Action, 1993). Thus to threaten their respect means attacking international peace and

security, undermining governments and hindering development, a serious menace

particularly for countries that suffer a lack of democracy and face internal conflicts.

26 Point 2, A/RES/60/288.

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UN FURTHER COUNTER VIOLENT EXTREMISM INITIATIVES: TOWARDS A MORE

RECENT UNIVERSAL LEGAL FRAMEWORK More recently, the Security Council encouraged the development of a “comprehensive

approach” to address violent extremism and terrorism threat. Countering Violent Extremism

is an important purpose of such a mission statement and it is also underscored in the

resolution n. 2178 (Containing the flow of foreign terrorist fighters FTFs, 2014). In its

preamble, it explains how “addressing the threat posed by foreign terrorist fighters requires

comprehensively addressing underlying factors, including by preventing radicalization to

terrorism, stemming recruitment, inhibiting foreign terrorist fighter travel, disrupting financial

support to foreign terrorist fighters, countering violent extremism, which can be conducive to

terrorism, countering incitement to terrorist acts motivated by extremism or intolerance,

promoting political and religious tolerance, economic development and social cohesion and

inclusiveness, ending and resolving armed conflicts, and facilitating reintegration and

rehabilitation27”.

In 2015, the Security Council adopted the resolution 2242 through which it urges Member

States and commit the UN “to conduct and gather gender-sensitive research and data

collection on the drivers of radicalisation for women, and the impacts of counter-terrorism

strategies on women’s human rights and women’s organizations, in order to develop

targeted and evidence-based policy and programming responses, and to ensure United

Nations monitoring and assessment mechanisms and processes mandated to prevent and

27 S/RES/2178 (2014) - Resolution 2178 (2014), Adopted by the Security Council at its 7272nd meeting, p. 2.

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respond to violent extremism, which can be conducive to terrorism, have the necessary

gender expertise to fulfil their mandates28” (Point 12 of the Resolution).

Though the following references appear as a glimpse of a larger and more complex theme

that we cannot thoroughly examine at this point, we may mention Nigeria and Somalia (with

Boko Haram and Al’Shabaab) as one of the several examples that highlight the role played

by women within terrorist groups. In addition, it is also necessary to mention the numerous

cases of women who, encouraged by a thorough and “fake” empowerment propaganda, join

their husbands, committed to fight in Syria, or even place themselves among ISIL’s ranks29.

Due to the particular condition that makes them both victims and operational arms of terrorist

groups, in fact, they play a strategic role within this scenario: as victims they suffer slavery

and cruel abuses, while as violent militants they are subjected to a radical indoctrination,

sometimes on a voluntary basis (after a self- radicalisation process), at other times they are

forcefully obligated by their persecutors.

According to the Institute for National Security Studies, 137 out of 623 terrorists entangled

in 348 terrorist attacks were women: the data refers to terrorist attacks perpetrated in 23

countries across the world in 2017, and show how this is “the highest number of female

suicide bombers since women began participating in suicide attacks30”. Moreover, data also

shows the increasing number of women involvement in online activities aimed at self-

radicalisation to give a contribution to jihād. In this regard, UN Women is one of the UN

28 S/RES/2242 (2015) - Resolution 2242 (2015), Adopted by the Security Council at its 7533rd meeting, p. 6.

29 We suggest to see UN Women Academic Paper “Empowerment or subjugation: an analysis of ISIL’s

gendered messaging”(June 2018), written by Dr Nelly Lahoud, Senior Fellow for Political Islamism at the

International Institute for Strategic Studies – Middle East.

30 From https://www.inss.org.il/publication/report-suicide-attacks-2017-fewer-attacks-women/

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key actors committed in identifying the causes of women engagement for terrorist purposes

and their proactive role that underscores the reduction of the distance between women and

men within this specific framework. For example, we refer to the study conducted in Asia:

“Who’s behind the keyboard? A gender analysis of terrorism and violent extremism in the

online space in Bangladesh, Indonesia, Malaysia and the Philippines”. The research

outcomes related to these countries indicate that women carried out more than “215.000

searches for contents related to terrorism and violent extremism over a two-month period.

Overall, women performed 32 per cent of all recorded searches31”, as in UN Women’s

research. Besides, research reveals that women’s online activity seems to be as frequent

as men’s activity. Therefore, based on recent events, it would appear that a woman who

already is a mother, a sister, a wife, also aims to be a supporter, facilitator or even a fighter.

UN agencies and international experts are now working on programmes to include women

in preventing violent extremism initiatives, as well as, include them in empowerment

programmes, and in decision-making processes aimed at countering radicalisation and

violent extremism.

In January 2016 the United Nations Secretary-General promoted a Plan of Action to

Prevent Violent Extremism (PVE), which included preventive measures to address the

trigger causes of violent extremism, in order to promote and adopt them at a local and

31 Who’s behind the keyboard? A gender analysis of terrorism and violent extremism in the online space in

Bangladesh, Indonesia, Malaysia and the Philippines, p. 4. Research brief produced by: UN Women Regional

Office for Asia and the Pacific. Editors: Hanny Cueva-Beteta and Lesli Davis. Published February 2019.

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global level. Following on this initiative, the General Assembly also adopted a resolution to

corroborate this Plan in July 201632.

In June 2018, the UN Secretary-General Antonio Guterres called the first United Nations

High-level Conference of Heads of Counter-Terrorism Agencies of the UN Member

States. The Conference came after the sixth biennial review of the United Nations

Global Counter-Terrorism Strategy, and focused on “Strengthening international

cooperation to combat the evolving threat of terrorism”. More than 1.000 participants (from

Member States, international and regional organizations, civil society) took part in the

Conference, which included the United Nations 38 Global Counter-Terrorism

Coordination Compact (it is the former CTITF established in 2005, as previously clarified),

INTERPOL (International Criminal Police Organization) and the World Customs

Organization (WCO), the independent intergovernmental body representing 182 Customs

administrations around the world33.

RADICALISATION, VIOLENT EXTREMISM AND TERRORISM: HOW TO PREVENT

AND TACKLE THE THREAT – FINAL REMARKS As we could realise through this brief excursus, States and the International Community

must be involved at every stage to confront global and changing threats that are able to

32 See “Resolution (A/RES/70/291) on the Fifth Review of Global Counter-Terrorism Strategy” (1st July 2016),

adopted by the United Nations General Assembly to reinforce global commitment in the fight against terrorism

and violent extremism. From: www.un.org/counterterrorism/ctitf/en/plan-action-prevent-violent- extremism

33 Report of United Nations High-level Conference on Counter-terrorism (2018), p. 4.

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cross not only national borders, but also those invisible frontiers that separate our daily “real”

dimension from a more powerful dimension, the cyberspace or parallel galaxy. For this

reason, States have been empowering their critical infrastructures, to protect them from both

physical and cyber terrorist attacks. At the same time, it is now increasingly obvious that it

is crucial to engage young users who populate the web, for it is on the web where they find

and share useful instructions on how “to become the perfect servant”, and where they have

the opportunity to cultivate their new ideal and re-build their reputation. Thus, by focusing on

this specific demographic, we can implement long-term radicalisation prevention strategies,

which cannot only be tackled by excising radical propaganda contents from the web. In this

regard, the UN Counter-Terrorism Committee Executive Directorate (CTED), in compliance

with relevant Security Council resolutions, has been acting to prevent the misuse of

Information and Communications Technologies (ICTs)34 by all the newcomers willing to

embrace violent extremism. The Committee’s initiatives are focused on the promotion of

partnership between key businesses and organizations in order to involve strategic actors

and facilitate the sharing of information between social media companies and proper

Government authorities. Microsoft serves as an example as it forbade online contents

spread by organizations included on the “Consolidated United Nations Security Council

Sanctions List”.

The macro-theme in analysis also includes further issues at the attention of the International

Community, such as that of the Foreign Terrorist Fighters and the way this phenomenon

(directly or indirectly) engages women and the youth. Wives and children physically move

to follow their husbands/fathers on ISIL frontlines, thus women and children play a key role

as they are both victims and supporters of the fighters. The

34 https://www.un.org/sc/ctc/focus-areas/information-and-communication-technologies/

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number of newcomers who have thus far joined terrorist entities is noteworthy: as reported

by the Institute for Economics & Peace35, from April 2013 to June 2018 over 40.000 fighters

from 80 countries joined ISIL and a quantity exceeding “11 per cent of foreign fighters have

been minors36”. Regardless, the fact women and children may (or not) pro- actively

participate to the jihād, they could become new potential radicalised subjects who are ready

to contribute to the fight. Therefore, it is crucial to acknowledge and realize that de-

radicalisation programmes are fundamental to engage the above-mentioned categories in

concerted counter terrorism initiatives. Evidence provided by experts strongly advocate that

young people should be considered not only as part of a (potential) future generation of

violent extremists but also as protagonists in a virtuous counter-narrative process, able to

positively influence new audiences37.

It is imperative to underline the necessity of preventing and countering terrorism while

respecting fundamental freedoms since terrorism - as it is now globally recognized -

represents a serious violation of human rights. Terrorism acts on a transnational level and

therefore must be fought on a global level. It is essential to highlight the purpose of tackling

such a threat by planning and conducting investigative activities which complying with

international human rights standards. Suspected violent extremists (or terrorists) may be

deprived of his/her privacy to a proportioned extent that allow prosecutors to conduct their

investigations according to Rule of Law (“though no grave breaches must be

35 See “Institute for Economics & Peace. Global Terrorism Index 2018: Measuring the impact of terrorism”,

Sydney, November 2018. Available from: http://visionofhumanity.org/reports (accessed Date Month Year).

36 Institute for Economics & Peace, Global Terrorism Index 2018: Measuring the impact of terrorism, p. 62.

37 See “Report of United Nations High-level Conference on Counter-terrorism” (2018), p. 14.

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consented38). Rule of Law, transparency, fair and equal trial must be guaranteed to violent

extremists or terrorists in the prosecution phase, and suspected violent extremists (and/or

terrorists), if detained, are not be mistreated by law-enforcement agents or officials and they

must be allowed to apply for a habeas corpus writ. Forbidden interrogation methods are illegal

even when a State is facing extraordinary difficult times such a terrorist attack, and absolute

rights - the prohibition of torture and inhuman treatments, the access to courts and due

process - must not be breached at any point.

The United Nations recently took additional specific actions and promoted effective

measures to combat violent extremism and terrorism while guaranteeing the respect of

fundamental rights: CTED, UNODC and the IAP are implementing a new project called

“Lawful Access to Digital Data Across Borders”. The project allows States to booster the

capacity of their central authorities in charge of conducting investigations and sharing digital

evidence. For instance, this project aims at creating a practical guide in requesting digital

information, a manual for legal assistance and a database to collect information39.

Pursuing complementary measures to prevent and counter radicalisation, violent extremism

and terrorism also includes the necessity to develop de-radicalization programmes

specifically addressed for subjects who require being re-included in society. Specifically

related to this issue, States should develop and implement measures to perfect their violent

extremism risk assessments tools in prisons, where radicalisation process has been known

to occur and proliferate.

38 Office of the United Nations High Commissioner for Human Rights, Human Rights, Terrorism and Counter-

terrorism, Fact Sheet No. 32, pp. 24 – 25.

39 https://www.unodc.org/unodc/en/frontpage/2018/February/experts-meet-in-vienna--discuss-lawful-access-

to-digital-data-across-borders.html

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It is imperative that the International Community, with the support of States, experts and civil

society persevere in considering radicalisation, violent extremism and terrorism complex

convergent phenomena and maintaining a comprehensive overture. A key priority is the

development and implementation of capacities to identify the trigger factors that influence

and activate the desire of “embracing the cause”, a multifaceted sort of (social) discontent

that may be detected in social exclusion, the pursuit of a new identity, economic and

governmental instability and, not least, violation of human rights.

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