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  1. 1 Myśl Ekonomiczna i Prawna

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  1. 1 Aleksandrowicz T. R.

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  1. 1 2006

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THE COUNCIL OF EUROPE CONVENTION ON THE PREVENTION OF TERRORISM - A NEW APPROACH TO FIGHT AGAINST TERRORISM

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Aleksandrowicz T. R.
Myśl Ekonomiczna i Prawna
|
2006
|
issue 3(14)
83-109
EN
The aim of the paper is to present a new legal regulation concerning the fight against international terrorism - the Council of Europe Convention on the Prevention of Terrorism open for signature on May 16, 2005 in Warsaw in the light of the international law output in this area.The author has conducted an analysis of normative material and the documents of the Council of Europe including 'travaux preparatoires' paying special attention to declared objectives of the elaboration of a draft Convention, the ultimately achieved results and the position the Convention takes in the existing legal international system of combating terrorism. The result of the research indicates that the Convention partially fills the gaps in the positive international law defining as terrorist-related acts the crimes which so far have not been subject to penalty, describing liability for their commitment for both physical and legal persons and also introducing the obligation to protect and support victims of terrorist acts.The Convention strengthens the existing system putting a special emphasis on obligations of States-Parties concerning their prevention activities. This is particularly emphasized in the Convention's title and the resolutions it includes. From this point of view, it constitutes a novelty aiming to reconcile a requirement to protect human rights and effective fight against international terrorism.
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