CT PHARE: Consultant

About the IIJ

The International Institute for Justice and the Rule of Law (IIJ) is a multinational organisation focused on building the capacity of justice practitioners to fight terrorism, violent extremism and transnational crime in line with human rights and the rule of law. It designs and delivers tailored training and capacity-building programmes as well as activities that help governments and practitioners address—in a practical, effective and collaborative manner—the evolving nature of contemporary transnational threats. The IIJ was founded in 2014 and has a Governing Board of Administrators consisting of 12 states and the European Union. For more information, visit the IIJ website: https://theiij.org/.

The IIJ requires the services of a Consultant to assist with the development and drafting of an IIJ Tool Kit for counter-terrorism practitioners and policymakers on the use of Human Rights-Based Decision-Making Model (DMM) in counter-terrorism operations.

Background of the Consultancy

In the campaign to protect their populations and territory from the violence and upheaval caused by terrorism, many countries have adopted counter-terrorism measures designed to increase law enforcement and military powers and toughen criminal codes. Unfortunately, many of these measures have had a substantial negative impact on human rights, not only violating substantive and procedural protections, but contributing to the shrinking of civil space and fuelling the anti-government sentiment that is a key driver of radicalisation.

In this context, and in support of the Council Conclusions on EU External Action on Preventing and Countering Terrorism and Violent Extremism of June 2020, the IIJ has launched the CT PHARE facility, funded by the European Union’s Service for Foreign Policy Instruments (FPI), with the specific objective to increase the degree to which states’ counterterrorism policies, legislation, and judicial strategies, in addition to day-to-day investigation and prosecution practices, comply with internationally-recognised human rights standards – both on the policy and the operational levels.

Among the activities, the IIJ CT PHARE has developed a workstream on the the protection of human rights in a context of militarized and military responses to terrorism. The objective for this workstream is to provide criminal justice practitioners and policymakers from the beneficiary countries participating, with an increased understanding on the Human Rights-Based DMM in counter-terrorism interventions and crisis management. The five-stage model continuously puts human rights at the core of all decision-making in the planning and delivery of counter-terrorism operations, investigations and adjudicating of terrorism cases.

Therefore, the IIJ CT PHARE has conducted/will conduct three regional capacity building activities to include countries from the MENA, West and East Africa to expose criminal justice counter-terrorism practitioners and policimakers to the DMM methodology whereby increasing their awareness of accountability at all levels in counter-terrorism operations. The outcome of the three regional activities will assist with contributions of participating states in drafting a set of recommendations to assist with the development of an IIJ Tool Kit for counter-terrorism practitioners and policymakers on the use of Human Rights-Based DMM in counter-terrorism operations. The IIJ CT PHARE’s intention is that the Tool Kit will be of assistance to regional bodies.

The IIJ CT PHARE, therefore, is currently seeking for a Consultant to assist with the development and drafting of an IIJ Tool Kit for counter-terrorism practitioners and policymakers on the use of Human Rights-Based DMM in counter-terrorism operations.

Key tasks and deliverables

Under the overall guidance of the IIJ Executive Secretary, the Consultant will work closely with the Project Lead and the Project Manager in charge of the implementation of CT PHARE.

The Consultant will entail the following:

1. Based on the three regional capacity building activities, to prepare a first draft of the Tool Kit.
2. The draft of this Tool Kit should first be approved by the IIJ. The IIJ CT PHARE team will then return to the Consultant with any comments for incorporation into the final version.
3. Provide regular updates throughout the period of the consultancy, at least weekly, directly via email or via a call to the CT PHARE team.

Breakdown of effort required

The consultancy will start 1st December 2023 for a period of 16 working days (spread over three months). No field visits should be required for the Tool Kit.

Final Deliverables

The Tool Kit which the Consultant will produce, will meet the following criteria, with any deviations subject to agreement by the IIJ:

• Covering the following structure for each chapter:

• Main text
• Key learning points
• Relevant international standards listed
• Practical application – case studies
• Highlights and lessons learned
• Exercise(s)
• References

• Overview of relevant international norms and standards

• Human rights & counterterrorism
• Information gathering/use of intelligence/surveillance/privacy and monitoring of communications
• Arrest, detention and processing of terrorist suspects – treatment of persons in custody
• Entry and search/stop and search/seizure and retention of evidence
• Use of force
• Questioning/interviewing suspects
• Treatment of witnesses, victims and vulnerable persons/populations
• Command and planning obligations
• Human rights-based decision making
• Accountability and record-keeping

• Reflecting and referring explicitly to:
o Existing good practices documents produced by the GCTF, and
o As well as other relevant European and international documents and frameworks;

• Appropriate for use in training counter-terrorism practitioners and policymakers and other relevant stakeholders in their ongoing work, thus assisting them in their day-to-day activities.

Consultant profile – Skills and competencies required

The Consultant will have the following qualifications:

• At least 15 years of experience as a practitioners in the field of human rights in a context of counter-terrorism.

• Direct experience with counter-terrorism investigations and interventions.

• A proven track record in strategies and policies development in the field of counter-terrorism.

• Excellent writing, research, analytical, and conceptual abilities;

Application Submission:

All interested applicants meeting the qualifications should submit a cover letter and resume to the IIJ Executive Secretariat at hr@theiij.org clearly before 27 November 2023.