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.un.org/en/sc/ctc/laws.html.39It is worth noting, however, that a recent decision by the Special Tribunal for Lebanon held that there was suf-ficient evidence to support the existence of a definition of the crime of terrorism under customary international law.See Interlocutory Decision on the Applicable Law: Terrorism, Conspiracy, Homicide, Perpetration, Cumulative Charging,Case No.STL-11-01/I, Special Tribunal for Lebanon (16 February 2011); available from www.stl-tsl.org/en/the-cases/stl-11-01/rule-176bis/filings/orders-and-decisions/appeals-chamber/interlocutory-decision-on-the-applicable-law-terrorism-conspiracy-homicide-perpetration-cumulative-charging.40Adopted by the Twelfth United Nations Congress on Crime Prevention and Criminal Justice, held in Salvador,Brazil, from 12 to 19 April 2010, which addressed, inter alia, the need for Member States to consider ways of fighting18 new forms of crime, such as cybercrime. CHAPTER II.THE INTERNATIONAL CONTEXTcomprehensive study of the problem of cybercrime and responses to it by MemberStates, the international community and the private sector, including the exchange ofinformation on national legislation, best practices, technical assistance and internationalcooperation.The results of this study, which was launched by UNODC in February2012, will facilitate an evaluation of the effects of the use of emergent informationtechnologies in furtherance of criminal activities, including with respect to certain ter-rorist uses of the Internet, such as computer-related incitement to terrorism and terroristfinancing offences.D.International human rights law53.Human rights obligations form an integral part of the international legal counter-terrorism framework, both through the obligation imposed on States to prevent terroristattacks, which have the potential to significantly undermine human rights, and throughthe obligation to ensure that all counter-terrorism measures respect human rights.Inthe United Nations Global Counter-Terrorism Strategy, Member States reaffirmed thoseobligations, recognizing in particular that effective counter-terrorism measures and theprotection of human rights are not conflicting goals, but complementary and mutuallyreinforcing .54.Key universal human rights instruments adopted under the auspices of the UnitedNations include the Universal Declaration of Human Rights,41 the International Cov-enant on Civil and Political Rights and the International Covenant on Economic, Socialand Cultural Rights,42 and applicable protocols.55.Several regional organizations have also developed conventions guaranteeing humanrights.Examples include the European Convention for the Protection of Human Rightsand Fundamental Freedoms43 (1950), the American Convention on Human Rights44(1969), the African Charter on Human and Peoples Rights45 (1981), and the Charterof Fundamental Rights of the European Union46 (2000).56.While a comprehensive analysis of issues relating to human rights law is beyondthe scope of the present publication, rule-of-law considerations and the applicable legalinstruments will be addressed with reference to specific counter-terrorism measureswhere the context so requires.4741General Assembly resolution 217 A (III).42General Assembly resolution 2200 A (XXI), annex.43Council of Europe, European Treaty Series, No.5.44United Nations, Treaty Series, vol.1144, No.17955.45Ibid., vol.1520, No.26363.46Official Journal of the European Communities, C 364, 18 December 2000.47See also United Nations Office on Drugs and Crime, Frequently Asked Questions on International Law Aspectsof Countering Terrorism, sect.V.19 THE USE OF THE INTERNET FOR TERRORIST PURPOSESE.Regional and subregional counter-terrorism legal instruments57.In addition to the universal counter-terrorism instruments, several regional andsubregional instruments offer valuable substantive and procedural standards for crimi-nalizing acts of terrorism that may be perpetrated by means of the Internet.Theseinstruments, which complement the universal counter-terrorism instruments, may varyin scope and in their degree of enforceability.1.Council of Europe58.In 2001, the Council of Europe elaborated the Council of Europe Convention onCybercrime,48 which is currently the only multilateral, legally binding instrumentaddressing criminal activity conducted via the Internet
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