[Webinar] Using battlefield evidence in the fight against terrorism: International law dimensions

A recording of this event is available on our YouTube channel. Click here to watch. 

In this unique online webinar, co-organised by the Asser Institute and the mandate of the United Nations Special Rapporteur on the Promotion and Protection of Human Rights and Fundamental Freedoms while Countering Terrorism, we discussed battlefield evidence as a means to bring terrorism suspects to justice, as well as its international law dimensions.

Background:
In the last two years, a number of initiatives regarding the use of ‘battlefield’ evidence have been drafted, or are in the process of being developed by various international, regional, and national entities. Examples are:

• The United Nations Counter-Terrorism Executive Directorate (CTED) Guidelines to facilitate the use and admissibility as evidence in national criminal courts of information collected, handled, preserved and shared by the military to prosecute terrorist offences developed within the UN Global Counter-Terrorism Coordination Compact Task Force Working Group on Criminal-Justice.
• The Legal Responses and Countering the Financing of Terrorism; Non-Binding Guiding Principles on Use of Battlefield Evidence in Civilian Criminal Proceedings co-produced by the United State Departments of State, Justice and Defence;
• NATO Policy on Battlefield Evidence;
• The Global Counter-Terrorism Forum (GCTF) Abuja Recommendations on the Collection, Use and Sharing of Evidence for Purposes of Criminal Prosecution of Terrorist Suspects;
• The EUROJUST 2020 Memorandum on Battlefield Evidence; and
• The Council of Europe Committee on Counter-Terrorism Draft Recommendation CM/Rec (202XX)XX of the Committee of Ministers to Member States on the use of information collected in conflict zones as evidence in criminal proceedings related to terrorist offences.

All of these initiatives point to the increasing focus on the collection, storage, use and transfer of evidence in conflict or violent contexts.

In this webinar, co-organised by the Asser Institute and the mandate of the United Nations Special Rapporteur on the Promotion and Protection of Human Rights and Fundamental Freedoms while Countering Terrorism, we discussed the phenomenon of battlefield evidence as a means to bring terrorism suspects to justice, as well as its international law dimensions.

The event was moderated by Asser senior researcher Dr Christophe Paulussen.

Panelists

*Prof. Fionnuala Ni Aoláin (UN Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism)  

*Dr David Scharia (CTED) 

*Prof. Noam Lubell (University of Essex)

*Ms Maya Foa (Reprieve)