Arendt Chambers’ Submission to the UN Special Rapporteur: Challenging the Weaponisation of “Terrorism” and “Extremism” in Belarus

Arendt Chambers was recently instructed by the International Committee for the Investigation of Torture in Belarus (Legal Initiative/Правовая инициатива) to prepare a submission to Professor Ben Saul, the United Nations Special Rapporteur on counter-terrorism and human rights in response to his call for inputs on the definitions of "terrorism" and "extremism."

This submission underscores that the lack of precise, internationally aligned definitions permits the arbitrary targeting of individuals, organisations, and activities, facilitating a wide range of human rights violations which remain active long after a sentence has been served. The report offers three conclusions.

1.  Overbroad definitions facilitate political weaponisation. States must adopt precise definitions of terrorism, aligned with international law, ensuring that only violent criminal acts committed purpose of provoking terror in a population fall within their scope. "Extremism" must not be elevated to a standalone criminal category.

2. Administrative measures and discretionary powers can be misused to bypass due process. There must be a clear separation between criminal and administrative enforcement of "terrorism" and "extremism" to prevent abuse, and legislative and administrative frameworks must include robust judicial oversight, clear procedural safeguards, and proportionality tests.

3. The abuse of “terrorism” and “extremism” designations offend a wide range of civil, political, social, economic, and cultural rights. Legal articulations of terrorism ought to explicitly recognise a right to remediation for harms resulting from the wrongful or abusive application of counterterrorism and anti-extremism measures, consistent with the UN Basic Principles and Guidelines on the Right to a Remedy.

Arendt Chambers extends sincere thanks to the team at the International Committee for the Investigation of Torture in Belarus for their trust and collaboration. Their commitment to documenting abuses and advancing accountability remains indispensable. We are honoured to support their efforts before the United Nations.