interview of professor Gloria Gaggioli: ARE THE NEW SWISS COUNTER-TERRORISM administrative measures COMPATIBLE WITH INTERNATIONAL HUMAN RIGHTS LAW?

In an interview published in Le Temps on 3rd December 2020, Professor Gloria Gaggioli discussed the ineffectiveness of the newly adopted counter-terrorism administrative measures in Switzerland (“Mesures policières de lutte contre le terrorisme”, September 2020). She raised concerns about the vague notion of “potential terrorist” that could pave the way to arbitrariness and be highly problematic from a human rights law perspective. Professor Gaggioli addressed the large scope of such measures including travel bans, electronic surveillance, assigned residence and prohibition of leaving or entering specific areas or specific properties. She also questioned the potential effects vis-à-vis the Muslim community of similar measures (e.g., in France 43 mosques have been closed in the last three years).

“Terrorisme potentiel? C’est un procès d’intention, s’insurge la professeure. La Suisse va plus loin que les pays européens. Par cette loi, elle permet, par le biais de l’Office fédéral de la police (Fedpol), de prendre des mesures policières administratives hors de tout contrôle judiciaire. C’est problématique.”

Professor Gloria Gaggioli and Ilya Sobol further discussed the incompatibilities between the Swiss bill and article 5 of the ECHR in this blogpost published in June 2020 in EJIL:Talk!.

Dr Michael Moncrieff interview with the guardian

Dr. Michael Moncrieff was interviewed for an article by the Guardian regarding the impacts of counterterrorism measures 20 years after the 9/11 attacks and their effectiveness.

“'There was this idea that there must be a wealth of knowledge here about what works and what doesn’t,' says Michael Moncrieff, a member of the research team that convened the meeting. To their surprise, he says, most governments appeared to have no measurable way to assess if a policy was working – and therefore, if the restrictions those policies imposed on freedoms were worth it. 'The main takeaways were that up to this point, very few governments have really made efforts to monitor the effectiveness of a lot of their policies,’ Moncrieff says.”

The Effectiveness and Legality of Counterterrorism Measures

On 11th & 12th November 2020, the Counter-Terror Pro LegEm team organised an online expert meeting that brought together leading international humanitarian and human rights legal scholars, social scientists, and practitioners to discuss legal, scientific, and practical aspects of counterterrorism measures, with a focus on their effectiveness, side-effects, and legality.

This meeting focused on in-depth discussions related to the first foci of our research project, the effectiveness and legality of counterterrorism measures. Specifically, how can scholars and policy-makers examine the effectiveness of measures to prevent and counter terrorism and violent extremism and prevent unwarranted impacts on human rights?

The insightful findings from this fruitful online event will be synthesised and used to draft a policy guidance document on how to devise and monitor counterterrorism measures to ensure their effectiveness and conformity with human rights law.

swiss-counter terrorism bills: what are the legal and policy challenges?

In order to prevent and combat terrorism and violent extremism, a number of European States have adopted far-reaching laws to criminalize participation in or support to terrorist organizations. Some have also adopted administrative measures, such as control orders, with a view to preventing terrorism. The Swiss Parliament is currently discussing two controversial bills along these lines (see here and here). 

On 29th September 2020 (18:30-19:30), the Geneva Academy will host a panel that will discuss the legal and policy challenges of the Swiss bills in light of international law.

Moderator

• Gloria Gaggioli, Director, Geneva Academy and Associate Professor, University of Geneva

Panelists

• Dr iur. Roberta Arnold, Attorney

• Dr Sandra Krähenmann, Thematic Legal Adviser, Geneva Call

• Nils Melzer, Swiss Human Rights Chair, Geneva Academy, Professor of International Law, University of Glasgow and UN Special Rapporteur on Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment

• Ilya Sobol, PhD candidate, University of Geneva, Counter-Terror Pro LegEm project

• Françoise Bouchet-Saulnier, International Legal Director, Doctors without Borders (MSF)

This event will take place both at Villa Moynier in Geneva and online on the platform Zoom.

NOMINATION OF PROFESSOR GLORIA GAGGIOLI AS THE NEW DIRECTOR OF THE GENEVA ACADEMY

We are thrilled to announce that our project leader, Professor Gloria Gaggioli, is the new Director of the Geneva Academy of International Humanitarian Law and Human Rights, a joint center of the Faculty of Law of the University of Geneva and the Graduate Institute of International and Development Studies. She replaces Professor Marco Sassòli, who led the Academy during two productive years. In her new role, Gloria Gaggioli will provide vision and guidance to anchor the role of the Geneva Academy as a center for academic excellence that provides high-quality education, training and research in international law in armed conflict and in human rights.

As renowned scholar in International Humanitarian Law (IHL) and Human Rights, Professor Gloria Gaggioli wants the Geneva Academy ‘to continue to develop its research activities and to delve into issues that are under-explored and need clarification to advance understanding, stimulate debate in the academic community and in policy-making institutions and governments’, she explains. 

In the context of our Project, this nomination will lead to profitable and high-level collaborations within the academia network but also with practitioners and institutions active in the field.