The use of the Internet

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22 THE USE OF THE INTERNET FOR TERRORIST PURPOSES 63. The Council of Europe Convention on Cybercrime and the Council of Europe Convention on the Prevention of Terrorism are open to ratification or accession by all member States of the Council of Europe, 63 non-member States that participated in the elaboration of those Conventions and other non-member States by invitation, with agreement from all of the States then parties to the relevant Convention. 64 It is worth noting that several countries that have not formally acceded to the Council of Europe Convention on Cybercrime have nonetheless used its provisions as guidelines in the drafting of their own national cybercrime legislation. (See also section ‎F below on model legislation.) 64. The Council of Europe has also elaborated the Additional Protocol to the Convention on Cybercrime, concerning the Criminalisation of Acts of a Racist and Xenophobic Nature Committed through Computer Systems. 65 This Additional Protocol may also facilitate the prosecution of terrorist acts committed via the Internet with the intention of inciting violence on the basis of race, colour, descent, national or ethnic origin, or religion. 66 The Additional Protocol is open to all contracting States of the Council of Europe Convention on Cybercrime. 67 2. European Union 65. In 2002, the Council of the European Union adopted framework decision 2002/475/JHA of 13 June 2002 on combating terrorism, which harmonizes the definition of terrorist offences in all European Union member States 68 by introducing a specific and common definition of the concept of “terrorism”, setting forth jurisdictional rules to guarantee that terrorist offences may be effectively prosecuted, and outlining specific measures with regard to victims of terrorist offences. In response to the growing terrorist threat, including the use of new technologies such as the Internet, framework decision 2002/475/JHA was amended in 2008 69 to specifically include provisions on public provocation to commit a terrorist offence, recruitment for terrorism and training for terrorism. In that decision, the Council of the European Union also took note of Security Council resolution 1624 (2005), in which the Council called upon States to take measures to prohibit by law incitement to commit a terrorist act or acts and to prevent such conduct. 63 As at the date of the present publication, the 47 member States of the Council of Europe are the following: Albania, Andorra, Armenia, Austria, Azerbaijan, Belgium, Bosnia and Herzegovina, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Georgia, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Republic of Moldova, Monaco, Montenegro, Netherlands, Norway, Poland, Portugal, Romania, Russian Federation, San Marino, Serbia, Slovakia, Slovenia, Spain, Sweden, Switzerland, the former Yugoslav Republic of Macedonia, Turkey, Ukraine and United Kingdom. 64 See Council of Europe Convention on Cybercrime, art. 36, and Council of Europe Convention on the Prevention of Terrorism, arts. 23-24. 65 Council of Europe, European Treaty Series, No. 189. 66 Ibid., art. 2. 67 Ibid., art. 11. 68 As at the date of the present publication, the 27 member States of the European Union are: Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden and United Kingdom. 69 Council of the European Union Framework Decision 2008/919/JHA of 28 November 2008 amending Framework Decision 2002/475/JHA on combating terrorism.
CHAPTER II. THE INTERNATIONAl CONTExT 66. Framework decision 2008/919/JHA provides a basis for prosecuting the dissemination of terrorist propaganda and bomb-making expertise also through the Internet, to the extent that such dissemination is committed intentionally and meets the requirements of the named offences. The amendments to framework decision 2002/475/JHA relating to the offences of public provocation, recruitment and training were based on similar provisions of the Council of Europe Convention on the Prevention of Terrorism. 70 Framework decision 2008/919/JHA introduced new offences regarding conduct that may lead to acts of terrorism, irrespective of the means or technological tools through which these offences are committed. As with the Council of Europe Convention on the Prevention of Terrorism, while the provisions of framework decision 2008/919/JHA are not Internet-specific, they also cover activities conducted by means of the Internet. 3. Additional legal instruments 67. Additional binding legal instruments adopted by regional or subregional organizations which may contain provisions relevant to countering terrorist use of the Internet include the following: • South Asian Association for Regional Cooperation Regional Convention on Suppression of Terrorism (1987) • Arab Convention on the Suppression of Terrorism (1998) • Treaty on Cooperation among States Members of the Commonwealth of Independent States in Combating Terrorism (1999) • Convention of the Organization of the Islamic Conference on Combating International Terrorism (1999) • Organization of African Unity Convention on the Prevention and Combating of Terrorism (1999) • Inter-American Convention against Terrorism (2002) • Association of Southeast Asian Nations Convention on Counter Terrorism (2007) • Economic Community of West African States directive on fighting cybercrime (2009). F. Model legislation 68. While model legislation provides advisory guidelines, rather than legally binding obligations, it plays an important role in harmonizing legal standards among States. Unlike international conventions, which may be subject to extensive negotiations to reflect the needs of a diverse range of potential signatories, the provisions of model 70 Council of Ministers, “Amendment of the Framework Decision on combating terrorism”, press release of 18 April 2008. 23
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