A/HRC/24/47
kidnapping and disappearance has emphasized States’ obligations to protect lives and
ensure access to justice for victims.93
44.
An examination of best practices in responding to the phenomenon of kidnapping
has generally led to them being divided into legislative, operational and preventive
measures.94 Since this particular phenomenon (kidnapping) covers terrorist hostage-taking,
relevant findings are applicable. Recommendations made in studies on international
cooperation in the prevention, combating and elimination of kidnapping and in providing
assistance to victims as detailed in the UNODC Counter-Kidnapping Manual are fully
relevant to terrorist hostage-taking,95 and mostly relate to the improvement of informationsharing, law enforcement, judicial and operational cooperation, domestic legal systems and
security apparatuses.96 Recommendations insist on the need for coherence and coordination
in national policies and strategies, the criminalization of the offence in conformity with
such international standards as the International Convention against the Taking of
Hostages, the United Nations Convention against Transnational Organized Crime and the
International Convention for the Suppression of the Financing of Terrorism, as well as on
the reinforcement of international cooperation (law enforcement and capacity-building).
Furthermore, preventive measures cover such areas as (a) increasing awareness and
understanding of terrorist hostage-taking; (b) strategies aimed at increasing risks while
decreasing opportunities for hostage-takers; and (c) mobilization of resources and training
for actors involved in combating the phenomenon.
45.
In 2012, the Global Counterterrorism Forum, in the Algiers Memorandum on Good
Practices on Preventing and Denying the Benefits of Kidnapping for Ransom by
Terrorists97 identified some of the contemporary good practices in dealing with the scourge
of kidnapping for ransom.The practices identified insisted on the need to enhance domestic
and international coordination of and cooperation between law enforcement authorities,
intelligence agencies and financial intelligence units in preventing or responding to
situations of terrorist hostage-takings for ransom. The Memorandum builds on a report of
the Financial Action Task Force of 2011, which equally stressed the importance of
domestic, regional and global cooperation between various institutions in addressing
terrorist hostage-taking. In its work plan for 2012–2013, the Forum undertook some
initiatives and activities to be implemented in countries of the Sahel Sahara aimed at
strengthening border security; building legal and judicial cooperation between countries;
building the capacities of police forces to counter terrorist activity; countering terrorism
financing; and engaging civil society, local communities and traditional leaders in efforts to
support the efforts of Governments to counter extremism.98
46.
The criminalization of the payment of ransom by Governments and nongovernmental actors remains a controversial measure. Since the ultimate objective of
93
94
95
96
97
98
16
Ibid., pp. 592-593.
See A/HRC/20/14, paras. 10-69, and UNODC, Handbook on Criminal Justice Responses, and, The
Criminal Justice Response to Support Victims of Acts of Terrorism (see footnote 42). See also
E/CN.15/2003/7, paras. 23-43.
See A/HRC/20/14, paras. 10-69, and UNODC, Handbook on Criminal Justice Responses, and, The
Criminal Justice Response to Support Victims of Acts of Terrorism (see footnote 42).
www.unodc.org/documents/terrorism/Victims_Rights_E-Book_EN.pdf.
See Bailliet, “Towards holistic transnational protection” (see footnote 72), pp. 598–599.
Available from
www.thegctf.org/documents/10162/36031/Algiers+Memorandum+on+Good+Practices+on+Preventin
g+and+Denying+the+Benefits+of+KFR+by+Terrorists-English.
See www.thegctf.org/documents/10162/19594/Sep+2011+-+GCTF+AlgeroCanadien+SWG+work+plan-EN.pdf.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents