Additional Protocol to the Convention on Cybercrime, concerning the criminalisation of acts of a racist and xenophobic nature committed through computer systems is an additional protocol to the Council of Europe Convention on Cybercrime. This additional protocol was the subject of negotiations in late 2001 and early 2002. Final text of this protocol was adopted by the Council of Europe Committee of Ministers on 7 November 2002 [1] under the title "Additional Protocol to the Convention on Cybercrime, concerning the criminalisation of acts of a racist and xenophobic nature committed through computer systems (ETS No. 189), ("Protocol"). [2] The Protocol opened on 28 January 2003 and entry into force is 1 March 2006. As of January 2025, 37 States have ratified the Protocol and a further 10 have signed the Protocol but have not yet followed with ratification. [3]
The Protocol requires participating States to criminalize the dissemination of racist and xenophobic material through computer systems, as well as of racist and xenophobic-motivated threats and insults. [4] Article 6, Section 1 of the Protocol specifically covers the denial of the Holocaust and other genocides recognized as such by other international courts set up since 1945 by relevant international legal instruments. Section 2 of Article 6 allows a Party to the Protocol at their discretion only to prosecute if the offense is committed with the intent to incite hatred, discrimination or violence; or to make use of a reservation, by allowing a Party not to apply – in whole or in part – Article 6. [5]
The Council of Europe Explanatory Report of the Protocol states the "European Court of Human Rights has made it clear that the denial or revision of 'clearly established historical facts – such as the Holocaust – ... would be removed from the protection of Article 10 by Article 17' of the ECHR (see in this context the Lehideux and Isorni judgment of 23 September 1998)". [5]
Two of the English speaking states in Europe, Ireland and the United Kingdom, have not signed the additional protocol, (the third, Malta, signed on 28 January 2003, but has not yet ratified it). [6] On 8 July 2005 Canada became the first non-European state to sign the convention. The United States government does not believe that the final version of the Protocol is consistent with the United States' constitutional guarantees and has informed the Council of Europe that the United States will not become a Party to the protocol. [1] [3]
The European Convention on Human Rights is an international convention to protect human rights and political freedoms in Europe. Drafted in 1950 by the newly formed Council of Europe, the convention entered into force on 3 September 1953. All Council of Europe member states are party to the convention and new members are expected to ratify the convention at the earliest opportunity.
Historical negationism, also called historical denialism, is falsification or distortion of the historical record. This is not the same as historical revisionism, a broader term that extends to newly evidenced, fairly reasoned academic reinterpretations of history. In attempting to revise and influence the past, historical negationism acts as illegitimate historical revisionism by using techniques inadmissible in proper historical discourse, such as presenting known forged documents as genuine, inventing ingenious but implausible reasons for distrusting genuine documents, attributing conclusions to books and sources that report the opposite, manipulating statistical series to support the given point of view, and deliberately mistranslating traditional or modern texts.
The crime of apartheid is defined by the 2002 Rome Statute of the International Criminal Court as inhumane acts of a character similar to other crimes against humanity "committed in the context of an institutionalized regime of systematic oppression and domination by one racial group over any other racial group or groups and committed with the intention of maintaining that regime".
Protocol I is a 1977 amendment protocol to the Geneva Conventions concerning the protection of civilian victims of international war, including "armed conflicts in which peoples are fighting against colonial domination, alien occupation or racist regimes". In practice, Additional Protocol I updated and reaffirmed the international laws of war stipulated in the Geneva Conventions of 1949 to accommodate developments of warfare since the Second World War (1937–1945).
The Council of Europe Convention on the Prevention of Terrorism 2005 (CECPT) is a regional multilateral treaty negotiated under the auspices of the Council of Europe. It was concluded in Warsaw on 16 May 2005. Most notable amongst its provisions are the three new offences which it defines: Public Provocation to Commit a "Terrorist Offence"; Solicitation of Persons to Commit "Terrorist Offences"; and Provision of Training For "Terrorist Offences". Parties are required to establish these offences in their national legal systems. However the obligation only applies in respect of behaviour where there is an international nexus of some sort. A "terrorist offence" is defined as any of the offences defined under the 12 existing international conventions on terrorism presently in force.
Lehideux and Isorni v. France, was a case heard by the European Court of Human Rights on punishing statements praising collaborators. In a judgement handed down 23 September 1998, the court has held by fifteen votes against six that the conviction of applicants for their article in favour of Philippe Pétain was prescribed by law and pursued a legitimate aim, but wasn't necessary in a democratic society and therefore violated Article 10.
The European Charter of Local Self-Government was adopted under the auspices of the Congress of the Council of Europe and was opened for signature by the Council of Europe's member states on 15 October 1985. All Council of Europe member states are parties to the Charter. New member states of the Council of Europe are expected to ratify the Charter at the earliest opportunity.
The Convention on Cybercrime, also known as the Budapest Convention on Cybercrime or the Budapest Convention, is the first international treaty seeking to address Internet and computer crime (cybercrime) harmonizing national laws, improving investigative techniques, and increasing cooperation among nations. It was drawn up by the Council of Europe in Strasbourg, France, with the active participation of the Council of Europe's observer states Canada, Japan, the Philippines, South Africa and the United States.
The European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment was adopted by the member states of the Council of Europe, meeting at Strasbourg on 26 November 1987. After the European Convention on Human Rights, the Convention for the Prevention of Torture is widely regarded as being one of the most important of the Council of Europe's treaties. The Convention marks a fresh and preventive approach in handling human rights violations. It was subsequently amended by two Protocols. Additionally, the Committee for the Prevention of Torture was established to comply with the provisions of the convention. This body is enabled to visit any place within the jurisdiction of the states' parties where people are deprived of their liberty in line with the articles of the convention.
Between 1941 and 1945, the government of Nazi Germany perpetrated the Holocaust: a large-scale industrialised genocide in which millions of people including the Roma, Jews, and Sinti were systematically killed by the Nazi regime in Germany. Since World War II, several countries have criminalised Holocaust denial—the assertion by antisemites that the genocide was fabricated or has been exaggerated. Currently, 17 European countries, along with Canada and Israel, have laws in place that cover Holocaust denial as a punishable offence. Many countries also have broader laws that criminalise genocide denial as a whole, including that of the Holocaust. Among the countries that have banned Holocaust denial, Austria, Germany, Hungary, Poland, Romania and Russia have also banned Nazi symbols. Additionally, any expression of genocide justification is also a criminal offence in several countries, as is any attempt to portray Nazism in a positive light.
Capital punishment in Armenia was a method of punishment that was implemented within Armenia's Criminal Code and Constitution until its eventual relinquishment in the 2003 modifications made to the Constitution. Capital punishment's origin in Armenia is unknown, yet it remained present in the Armenia Criminal Code of 1961, which was enforced and applied until 1999. Capital punishment was incorporated into Armenian legislation and effectuated for capital crimes, which were crimes that were classified to be punishable by death, including treason, espionage, first-degree murder, acts of terrorism and grave military crimes.
The Convention for the Protection of Human Rights and Dignity of the Human Being with regard to the Application of Biology and Medicine, otherwise known as the European Convention on Bioethics or the European Bioethics Convention, is an international instrument aiming to prohibit the misuse of innovations in biomedicine and to protect human dignity. The Convention was opened for signature on 4 April 1997 in Oviedo, Spain and is thus otherwise known as the Oviedo Convention. The International treaty is a manifestation of the effort on the part of the Council of Europe to keep pace with developments in the field of biomedicine; it is notably the first multilateral binding instrument entirely devoted to biolaw. The Convention entered into force on 1 December 1999.
Computer crime, or cybercrime in Canada, is an evolving international phenomenon. People and businesses in Canada and other countries may be affected by computer crimes that may, or may not originate within the borders of their country. From a Canadian perspective, 'computer crime' may be considered to be defined by the Council of Europe – Convention on Cybercrime. Canada contributed, and is a signatory, to this international of criminal offences involving the use of computers:
Racism in Lithuania appears mainly in the form of negative attitudes and actions towards people who are not considered ethnically Lithuanian, mainly started and spread throughout themely dangerous. Especially if the foreigner is of different race. According to the data provided by the Centre for Ethnic Studies, Roma people, Chechens, refugees and Muslims are regarded with disfavour most of all in Lithuania. Anti-Polish sentiments are also very strong in Lithuania. However, recent research showed that Lithuanians themselves claim to be tolerant. The problem of racism is still not widely admitted, although the government itself has put some effort to reduce xenophobia in Lithuania. Since the mid-2000s the Law on Equal Opportunities forbids any direct or indirect discrimination on the basis of racial or ethnic origin, gender, religion, nationality or belonging to any other group.
Expression of racism in Latvia include racist discourse by politicians and in the media, as well as racially motivated attacks. European Commission against Racism and Intolerance notes some progress made in 2002–2007, mentioning also that a number of its earlier recommendations are not implemented or are only partially implemented. The UN Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance highlight three generally vulnerable groups and communities: ethnic Russians who immigrated to Latvia under USSR, the Roma community and recent non-European migrants. Besides, he notes a dissonance between "opinion expressed by most State institutions who view racism and discrimination as rare and isolated cases, and the views of civil society, who expressed serious concern regarding the structural nature of these problems".
DPP v Lennon is the first reported criminal case in the United Kingdom concerning denial-of-service (DoS) attacks. The appeal court found that DoS attacks constituted an offence of unauthorised modification under s. 3 of the Computer Misuse Act 1990 (CMA) and thus clarified the law regarding DoS.
The Council of Europe Convention on the Protection of Children Against Sexual Exploitation and Sexual Abuse, also known as the Lanzarote Convention, is a Council of Europe multilateral treaty whereby states agree to criminalise certain forms of sexual abuse against children. It is the first international treaty that addresses child sexual abuse that occurs within the home or family.
The European Convention on Information on Foreign Law is a 1968 Council of Europe treaty whereby states agree to procedures for the mandatory provision of information when a state requests information on the legal system of another state.
The Treaties of the European Union are a set of international treaties between the European Union (EU) member states which sets out the EU's constitutional basis. They establish the various EU institutions together with their remit, procedures and objectives. The EU can only act within the competences granted to it through these treaties and amendment to the treaties requires the agreement and ratification of every single signatory.
The Council of Europe Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime and on the Financing of Terrorism, also known as the Warsaw Convention or CETS 198, is a Council of Europe convention which aims to facilitate international co-operation and mutual assistance in investigating crime and tracking down, seizing and confiscating the proceeds thereof.