Brussels (AINA) -- The European Parliament voted today to
designate the atrocities committed by ISIS against religious and ethnic
minorities, including Assyrians and Yazidiz, as genocide. The resolution passed
by an overwhelming majority. Formal genocide recognition places legal
obligations on all countries who are signatories to the genocide convention to
take action.
According to a statement on the European Parliament website:
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The resolution, passed by show of hands, calls on the EU to
establish a permanent Special Representative for Freedom of Religion and Belief
and urges all countries in the international community to prevent war crimes,
crimes against humanity and genocide within their territory. All EU member
states should update their legal and jurisdictional systems in order to prevent
their nationals and citizens travelling to join ISIS/Daesh and other terrorist
organisations and also ensure that, should they do so, they face criminal court
proceedings as soon as possible, adds the text.
Here is the full text of the resolution:
1. In recent years, the phenomenon of "foreign
fighters" -- individuals, driven mainly by ideology, religion and/or
kinship, who leave their country of origin or habitual residence to join a
party engaged in an armed conflict -- has expanded almost worldwide and has
become a major global challenge for the international community.
2. The Parliamentary Assembly condemns in the strongest
terms the recent terrorist attacks which took away the lives of hundreds of
citizens of Turkey, the Russian Federation, Lebanon, France, Tunisia, and of
many other countries, and reaffirms its position of principle in support of the
fight against terrorism in all its forms and wherever it occurs. It notes with
great concern that many of these recent terrorist attacks are claimed by, and
may be attributed to, individuals who act in the name of the terrorist entity
which calls itself Da'ish and who have perpetrated acts of genocide and other
serious crimes punishable under international law. States should act on the
presumption that Da'ish commits genocide and should be aware that this entails
action under the 1948 United Nations Convention on the Prevention and
Punishment of the Crime of Genocide.
3. In this context, the Assembly is extremely worried about
the growing flow of foreign fighters -- men and women from across Europe -- who
travel to Syria and Iraq in order to join Da'ish and other violent extremist
groups which openly reject and attack universal fundamental values and commit
heinous crimes against both European citizens and the local population of the
countries where they go to join the "jihad". The Assembly recalls
that under international law States have a positive obligation to prevent
genocide, and thus should do their utmost to prevent their own nationals from
taking part in such acts.
4. Therefore the Assembly deems it of utmost importance to
raise public awareness of, understand and address the foreign fighters
phenomenon, including the problems related to the return of foreign fighters to
their home countries, which is a major and growing threat to domestic and
international security. Fighters who may have perpetrated acts of genocide
and/or other serious crimes prohibited under international law, and who seek international
protection upon their return to Europe, should under no circumstances be
granted refugee status.
5. This threat takes on an even greater degree of urgency in
the light of the bloody attacks in Paris in November 2015, as well as a number
of previous terrorist attacks where there is credible evidence that most
perpetrators were linked to Da'ish and had fought in Syria/Iraq. This threat
should also be considered against the background of the unprecedented wave of
arrivals of refugees and migrants in Europe.
6. Furthermore, in addition to direct security threats such
as terrorist attacks by returnees, there are risks that foreign fighters seek,
both while abroad and after return, to broaden support to their causes and
extend radical terrorist networks by recruiting new followers, glorifying
terrorist acts and sharing experience with, and providing training in terrorist
techniques to, new recruits.
7. More broadly, by misusing religious motivations of their
choices and acts, foreign fighters actually do harm to religious communities
which they claim to belong to and fight for. As a result, there are risks of
undermining the cohesion and integrity of democratic societies by exacerbating
cleavages between the various ethnic and religious groups. The Assembly
reaffirms in this respect that terrorism should not be associated with any
religion, nationality or ethnic group.
8. The Assembly is particularly worried about the growing
proportion of women and young girls who travel to join Da'ish; in some
countries, this exceeds 40% of all departures. While, for the time being, it
seems that women and girls do not take part directly in the fighting, it is to
be feared that this could happen in the future as Da'ish sustains losses in the
ranks of its fighters.
9. The foreign fighters problem is likely to remain on the
political agenda for years to come, and may even deteriorate. It is therefore
essential to deepen the understanding of its root causes and devise appropriate
policy responses to address them. While there is a tendency to take quick and
visible short-term action focused on protection and punishment in reaction to
immediate threats, the Assembly believes that a security-oriented approach is
not enough, and stresses the need to put more emphasis on addressing the
underlying factors of radicalisation, as well as on prevention, discouragement
and reintegration policies which may yield long-term results.
10. According to various studies, becoming a foreign fighter
is a result of, and may be an ultimate step in, the process of radicalisation
-- a complex phenomenon of people embracing radical ideology and intolerant
opinions, views and ideas that could lead to violent extremism and the
commitment of terrorist acts.
11. Radicalisation is most often a result of the interaction
of a series of political, socio-economic, ideological, personal and
psychological factors. It may affect men and women of all social origins,
particularly the young, including those originating from the middle classes and
holding higher education degrees. Individuals feeling marginalised,
ill-treated, socially excluded and desperately seeking a meaning to life and a
sense of belonging are at high risk of being radicalised, indoctrinated by
extremist propaganda, including via Internet and social networks, and being
recruited by terrorist groups.
12. As to the driving factors which may lead to a decision
to travel to a conflict zone, these may include a sense of outrage at what is
alleged to be happening in the country where the conflict is taking place and
empathy with the people being affected, adherence to the ideology of the group
an individual wishes to join, and a search for identity and belonging. Other
drivers may be foreign policy grievances, national policy, intergenerational
conflict and peer pressure. In addition, young women and girls may be
attracted, via Internet recruiters, by promises of romance and marriage to
Da'ish fighters and their perceived "true masculinity", and the
prospects of building genuine Islamic families in a "Caliphate" under
Sharia law and becoming mothers of the next generation of jihadists.
13. The Assembly reiterates that the response to terrorism
must comply with international law and the fundamental principles of democracy,
respect for human rights and the rule of law, and avoid undermining the values
and standards of democracy which terrorists seek to destroy.
14. The foreign fighters problem is being studied and dealt
with as a matter of priority by many national governments, specialised
agencies, research centres, local authorities, as well as by various regional
and international organisations. The Assembly underlines the need for sharing
information and best practice and exchanging experiences, and the importance of
co-ordinating efforts among all actors involved.
15. Taking into account an ever broadening dimension of the
terrorist fighters problem stretching over national, regional and even
continental borders, the Assembly believes that the United Nations must
continue to play the leading role in shaping a global strategy to counter this
dangerous trend. It refers, in particular, to United Nations Security Council
Resolution 2178 (2014) on "Threats to international peace and security
caused by terrorist acts", which addresses the issue of foreign terrorist
fighters.
16. In this context, the Assembly notes with satisfaction
that the Council of Europe was the first international organisation to set up a
regional legal instrument to implement the provisions of Resolution 2178 by
adopting an additional Protocol to the Council of Europe Convention on the
Prevention of Terrorism (CETS No. 217). While regretting that the Committee of
Ministers did not take into account the proposed amendments contained in
Assembly Opinion 289 (2015), the Assembly welcomes the opening for signature of
the additional Protocol.
17. The Assembly further welcomes the resolve of the
Committee of Ministers to make a strong contribution to the fight against
violent extremism and radicalisation leading to terrorism through the adoption
of an Action Plan for 2015-2017, which aims to increase the capacity of
European societies to reject all forms of extremism. It particularly
underscores the relevance of concrete measures for preventing radicalisation
through education, in prisons and on the Internet.
18. For its part, the European Union has been active in
co-ordinating its member States' response to the problem of foreign fighters,
and has developed, inter alia, a "Strategy for Combating Radicalisation
and Recruitment to Terrorism" encompassing policy responses which are also
relevant for countries outside the European Union.
19. The Assembly notes that a number of countries take
measures to take away the nationality of foreign fighters. That is only
admissible as long as international law and proper judicial procedures are
followed.
20. Due to their proximity to citizens, local authorities
and other actors at local level have a key role to play with regard to the
early detection and prevention of radicalisation and departures of Europeans to
the conflict zones, as well as the readaptation and deradicalisation of
returnees. In this respect, the Assembly welcomes the efforts by the Congress
of Local and Regional Authorities of the Council of Europe to bring together
representatives of local authorities from across Europe with a view to sharing
experiences and good practice on preventing radicalisation, and to promote
integrated approaches at local level in order to ensure that all stakeholders
-- civil society, faith-based organisations and social, educational, security
and justice services -- are involved.
21. The Assembly calls on member, observer and partner for
democracy States to:
21.1. work out a comprehensive response to the foreign
fighters problem, striking the right balance between repression of criminal
behaviour, protection of populations and of human rights, prevention of
radicalisation, and deradicalisation and re-integration of returnees into their
home communities after appropriate punishment has been served, if applicable,
as well as to address the root causes of radicalisation;
21.2. fulfil their positive obligations under the 1948
United Nations Convention on the Prevention and Punishment of the Crime of
Genocide by taking all necessary measures to prevent genocide;
21.3. build partnerships between governments, local authorities,
the private sector and civil society to address the threat posed by violent
extremist ideologies;
21.4. recognise and enhance the role of local authorities in
dealing with the foreign fighters problem, by raising awareness at the local
level, strengthening central advisory capacity, collecting, analysing and
sharing local-level approaches, developing local multi-agency structures and
creating and pooling new resources and tools;
21.5. review the situation in education systems, promote
inclusive education and ensure that schools fully play their role in preparing
active citizens with a sense of responsibility and critical thinking skills,
and prepared to live in diversity and defend the values of democracy;
21.6. devise effective measures in order to detect and stop
the dissemination of violent extremist propaganda on the Internet and via
social networks and the media;
21.7. make active use of all communication channels,
including the Internet and social media, and draw on the expertise of the best
available public relations specialists, for spreading information about the
heinous crimes committed by Da'ish, and counter-narratives aimed at exposing
extremist discourse and dissipating illusions about the real situation in the
territories held by Da'ish and the fate of its recruits, in particular by using
testimonies of returnees who have witnessed at first hand the nature of Da'ish;
21.8. enhance inter-cultural and inter-religious dialogue
with leaders of the various communities, with particular emphasis on the
prevention of radicalisation and the need to counter hate speech and violent
extremist propaganda;
21.9. pay due attention to the education and training of
religious leaders in full respect of fundamental democratic values, so as to
ensure that they disseminate the message of tolerance and resist hate speech;
21.10. strongly condemn and, if need be, impose sanctions on
religious leaders preaching hate and violence and otherwise attacking
fundamental values enshrined in the European Convention on Human Rights (ETS
No. 5);
21.11. pay particular attention to the prevention of
radicalisation and terrorist recruitment in prisons;
21.12. take fully into account the increasing number of
women and young girls departing to join Da'ish, develop a gender-specific
approach in prevention and re-integration, and specific counter-narratives
aimed at women and girls, and fully use the social and family role of women in
countering violent extremism;
21.13. prioritise deradicalisation programmes dealing with
returnees;
21.14. decline to grant refugee status to persons who might
have perpetrated acts of genocide or other serious crimes prohibited under
international law, and share information about such persons with other member
States;
21.15. enhance international co-operation between competent
national and local authorities and specialised agencies with a view to a swift
exchange of relevant information, experiences and good practice for engagement
with foreign fighters for prevention, outreach, rehabilitation and reintegration
after appropriate punishment has been served, if applicable;
21.16. sign and ratify, if they have not already done so,
the Council of Europe Convention on the Prevention of Terrorism (CETS No. 196)
and its additional Protocol, as well as other relevant Council of Europe legal
instruments.
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