A/HRC/24/47
III. Impact of terrorist hostage-taking on human rights
22.
Several actors within the United Nations system, including the Special Rapporteur
on the promotion and protection of human rights and fundamental freedoms while
countering terrorism and UNODC, have extensively documented the impact of terrorism on
various subcategories of victims and addressed their needs and rights. 42 Obviously, the
findings and recommendations therein, including those relating to appropriate legislative
and policy measures in favour of victims of terrorism, are equally relevant to victims of
terrorist hostage-taking. Particularly relevant are the studies and the resolutions of the
Economic and Social Council on international cooperation in the prevention, combating
and elimination of kidnapping and in providing assistance to victims, in which the Council
expressly includes references to victims of terrorist hostage-taking.43 The elaboration in the
section below will mostly focus on the specific impact of terrorist hostage-taking incidents
on hostages and local communities, as well as on the incidence that ransoms paid to
terrorist groups may have on terrorist and other criminal activities. While the sections
below focus on the individual and collective victims of terrorist hostage-taking, it should be
borne in mind that responses to the phenomenon should not be in violation of the human
rights of hostage-takers.44
A.
Human rights of hostages
23.
It is widely acknowledged that victims of terrorism in general and terrorist hostagetaking in particular may be individuals, family members, a community or a whole ethnic,
religious, racial group or an entire nation. 45 The Special Rapporteur on the promotion and
protection of human rights and fundamental freedoms while countering terrorism
established a distinction between direct, secondary, indirect and potential victims of
terrorism.46 Acts of terrorist hostage-taking generate multiple violations of human rights of
these different categories of victims. Violations are mainly committed by the hostagetakers; in some cases, however, they occur during counter-terrorism activities. According to
the specific circumstances of a terrorist hostage-taking situation, appropriate responses
should take into account the interests and concerns of all affected members of society.
Responses to hostage-taking situations should respect everyone’s right to life, liberty and
security of person as enshrined in numerous human rights instruments and reaffirmed in the
preamble to the International Convention against the Taking of Hostages.
24.
Victims of hostage-taking situations in general and terrorist hostage-taking in
particular “report varying types of treatment, ranging from an almost friendly style (food to
42
43
44
45
46
Insureds Are Undermining U.S. Counterterrorism Policy”, Emory Law Journal, vol. 56, No. 3, 2006,
p. 745.
See A/HRC/20/14, paras. 10–69; UNODC, Handbook on Criminal Justice Responses to Terrorism,
New York, 2009; and UNODC, The Criminal Justice Response to Support Victims of Acts of
Terrorism, 2011, available from www.unodc.org/documents/terrorism/Victims_Rights_EBook_EN.pdf.
See E/CN.15/2003/7, E/CN.15/2004/7, and Economic and Social Council; resolutions 2002/16,
2006/19 and 2009/24. See also UNODC, Counter-Kidnapping Manual, 2005, available from
https://cms.unov.org/documentrepositoryindexer/MultiLanguageAlignment.bitext?DocumentID=d02
6597e-ebdf-4ec9-9eac-94f0bcddee75&DocumentID=39ff4ee9-b06d-4e7f-a59f-bc5415c9206d.
See Human Rights, Terrorism and Counter-terrorism, Fact Sheet No. 32, available from
www.ohchr.org/Documents/Publications/Factsheet32EN.pdf.
See Frank Bolz, Jr. et al., The Counterterrorism Handbook: Tactics, Procedures, and Techniques
(2nd ed.) (Boca Raton/ London/ New York /Washington, CRC Press, 2002), p. 89.
A/HRC/20/14, para.16.
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