A/HRC/28/28 can incite terrorist acts, address the conditions conducive to the spread of violent extremism, which can be conducive to terrorism, including by empowering youth, families, women, religious, cultural and education leaders, and all other concerned groups of civil society, and adopt tailored approaches to countering recruitment to this kind of violent extremism and promoting social inclusion and cohesion. This requires a sustained effort to foster engagement between communities and authorities in order to build trust, support local ownership of initiatives, and to develop positive counter-narratives. 39. Countering extremist discourse, promoting dialogue, protecting human rights and enhancing social cohesion may be the most effective means for countering the advocacy of extremism. Civil society actors – including religious leaders, faith-based organizations, youth groups and women’s organizations – have an important role to play in this regard.25 A dynamic, diverse and independent civil society is a key element in securing sustainable human rights protection, and can help to address ideologies at the grass-roots level. The measures taken by States to counter terrorism have, however, in many places limited the ability of civil society organizations to carry out their important work, and in some cases have targeted specific ethnic or religious organizations for surveillance purposes. The efforts made by States to counter terrorism should include the creation of an enabling environment, including through the adoption of legislation protecting the space afforded to civil society and the promotion of non-discriminatory measures. 2. Combating impunity and ensuring accountability 40. International human rights law, which continues to apply to situations of armed conflict, imposes direct responsibility on the State in whose territory and under whose jurisdiction violations and abuses may be committed. In particular, the State has the obligation to ensure that action is taken so that violations and abuses are prevented and/or not repeated, to promptly, thoroughly, independently and impartially investigate allegations of such violations and abuses, to punish perpetrators and to ensure an adequate remedy and redress are provided to victims. 41. Members of non-State armed groups such as ISIL, including foreign fighters, are at a minimum bound by peremptory norms of international law, including prohibitions on the arbitrary deprivation of life, genocide, slavery, racial discrimination, torture and other cruel, inhuman or degrading treatment, the taking of hostages, imposing collective punishment and the arbitrary deprivation of liberty. In addition, non-State armed groups that exercise effective control over territory, such as ISIL, are increasingly considered to be bound by international human rights obligations in relation to all people within that territory. In any event, acts such as murder, torture, rape and other forms of sexual violence, or enforced disappearance, when committed as part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack, constitute a crime against humanity and give rise to individual criminal responsibility. 42. In situations of armed conflict, the members of ISIL, including foreign fighters, are also obliged to respect applicable rules of international humanitarian law. At a minimum, article 3 common to the four Geneva Conventions of 1949 establishes the minimum standards that all parties involved in a non-international armed conflict should observe concerning the treatment and protection of civilians, those no longer actively participating in the hostilities, and civilian objects. Customary international humanitarian law requires that the parties to the conflict take all measures to minimize the impact of violence on civilians, respect the principles of distinction and proportionality when carrying out military operations and ensure that civilians can leave areas affected by violence in safety and 25 See also A/HRC/22/17/Add.4, annex, appendix, para. 36, and A/HRC/FMI/2014/3, para. 31. 13

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