create sanctions against people and/or organisations for expressing certain views or ideas in contravention of anti-terrorism measures introduced by the States. 16 Anti-terrorist laws which allow for the designation of specific organisations as ‘terrorist’ or provide for measures against individuals linked or suspected of being linked to proscribed organisations have the potential to be subject to abuse by States by the inclusion of and restrictions on organisations with legitimate aims. When formulating anti-terrorism measures States must bear in mind the right to free association and that any restrictions on that right must, under Article 22(2) of the ICCPR, be prescribed by law and be necessary in a democratic society in the interests of, inter alia, national security or public safety, public order, or the protection of the rights and freedoms of others.17 Similar considerations apply with regard to limits on the freedom of assembly,18 freedom of expression19 and freedom of 16 The Advisory Council notes that one of the other issues in drafting a general definition of terrorism is the need to distinguish armed conflict from terrorism. This is because the law of war, or international humanitarian law (IHL), which automatically comes into effect whenever there is an armed conflict (whether international or internal) has long-established principles, including that acts of war (which may never be directed towards civilians and the means and methods of which are restricted) are not chargeable as criminal or terrorist acts. There is no general definition of terrorism in IHL but article 51(2) of additional protocol I to the Geneva Conventions provides that the civilian population as such, as well as individual civilians, shall not be the object of attack. Acts or threats of violence the primary purpose of which is to spread terror among the civilian population are prohibited (see Protocol Additional to the Geneva Conventions of 12 August 1949; and relating to the Protection of Victims of International Armed Conflicts Adopted on 8 June 1977). Because the prohibitions (as well as the protections of IHL) form part of customary international law, States are obliged to prosecute or extradite persons accused of such prohibited acts due to the existence of universal jurisdiction. See the discussion by Emanuela-Chiara Gillard ‘The Complementary Nature of Human Rights Law, International Humanitarian Law and Refugee Law’ in Terrorism and International Law: Challenges and Responses (International Institute of Humanitarian Law, San Remo, June 2003) 50. The International Commission of Jurists Terrorism and Human Rights (Occasional Paper No 2, April 2002) at 206-208 considers that the UN Draft Terrorism Convention definition cuts across IHL as it does not exclude non-State parties to a noninternational armed conflict It suggests that, in order to be in conformity with IHL, the Terrorism Convention should be worded in such a way as to exclude from its scope of application all parties to an armed conflict. As noted above, the scope of the Draft Convention is yet to be agreed upon. 17 Art 22: 1. Everyone shall have the right to freedom of association with others, including the right to form and join trade unions for the protection of his interests. 2. No restrictions may be placed on the exercise of this right other than those which are prescribed by law and which are necessary in a democratic society in the interests of national security or public safety, public order (ordre public), the protection of public health or morals or the protection of the rights and freedoms of others. This article shall not prevent the imposition of lawful restrictions on members of the armed forces and of the police in their exercise of this right. 3. Nothing in this article shall authorize States Parties to the International Labour Organisation Convention of 1948 concerning Freedom of Association and Protection of the Right to Organize to take legislative measures which would prejudice, or to apply the law in such a manner as to prejudice, the guarantees provided for in that Convention. 18 Art 21: The right of peaceful assembly shall be recognized. No restrictions may be placed on the exercise of this right other than those imposed in conformity with the law and which are necessary in a democratic society in the interests of national security or public safety, public order (ordre public), the protection of public health or morals or the protection of the rights and freedoms of others. \ 35