Edited by Ben Saul
Chapter 27: Terrorism and freedom of expression in international law
The twenty-first century has seen a shift in the focus of the international legal framework for combatting terrorism. Efforts are now focused on addressing the social processes leading to terrorism and preventing the spread of terrorist ideology. Primarily, international instruments call for the criminalization of incitement to terrorism. Such a measure generates tension between counter-terrorism measures and freedom of expression. This chapter focuses on the principal legal instruments adopted in this context, UN Security Council Resolution 1624(2005) and the Council of Europe’s Convention on the Prevention of Terrorism. The chapter examines, through a comparative analysis, the manner in which they attempt to resolve the tension between terrorism prevention and international human rights law.
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