A_Global_Protocol_on_Cybersecurity_and_Cybercrime.pdf

41 the trainer must have knowledge of that skills or

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41 The trainer must have knowledge of that skills or “know-how” and intended to be used for the carrying out of the terrorist offence or for a contribution to it. The training must be unlawfully and intentionally. Public provocation, recruitment or training for a coordinated cyber attack with ter- rorist intent to destroy or seriously disrupt information technology systems or networks of vital importance to the society may constitute as a criminal offence. In one of the first convictions of this category, a man was on April 11, 2007, sen- tenced in København Byret (Copenhagen District Court) 42 in Denmark, to imprison- ment for 3 year and 6 months for a violation of Danish Penal Code. He had encouraged 39 See http://conventions.coe.int 40 See Explanatory Report note 98. 41 See Explanatory Report note 122. 42 See www.domstol.dk/KobenhavnsByret
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57 to terrorist acts by collecting materials of previous terrorists’ acts and other terrorists material. His acts were not even connected to any specific terrorist acts. The court stated also as follows: "The defendants activity may be described as professional general advices to terrorist groups that are intended to commit terrorist acts and that the defendant knew that, including that the spreading of his materials were suitable for recruiting new mem- bers to the groups, and suitable for the members of the groups to be strengthened in their intent to commit terrorist acts." Attorney Generals or General Prosecutors from 30 European States made a statement at the Ninth Annual Eurojustice Conference in September 2006 as follows: 43 "All countries are struggling to adapt their criminal justice systems to the threat posed by terrorism. However, combating terrorism is fundamental in order to guarantee the security and freedom of all citizens. However, the fight against terrorism should not be seen as a “war”. Terrorism must be regarded as a crime, albeit a particularly serious one, and should be commanded as such. Preventive measures, investigation, prosecution and trial must be founded on the rule of law, be under judicial control and based on the international recognized human rights principles as enshrined in the United Nations Human Rights Conventions and the European Convention on Human Rights." 3) Judicial Courts National Courts: The national Court of Justices is the main legal guarantee on promoting the national rule of law on criminal conducts in cyberspace. The role of judges in protecting the rule of law and human rights in the context of terrorism in cyberspace should apply also on all categories of cybercrime. The Consultative Council of European Judges (CCJE) has adopted in 2006 the following principles: 44 "While terrorism creates a special situation justifying temporary and specific meas- ures that limit certain rights because of the exceptional danger it poses, these measures 43 See www.euro-justice.com 44 Adopted November 11, 2006 by the Consultative Council of European Judges (CCJE). CCJE is a Council of Europe advisory body. See www.coe.int/ccje
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