A/HRC/24/47
terrorism, as well as a number of United Nations resolutions, may be interpreted as
proscribing any provision of funds to terrorists inasmuch as such funds are used to
commit further terrorist acts. On the other hand, it should be noted that responses to
terrorist hostage-taking situations have to take into account the conflicting demands
of various stakeholders. Relatives of hostages are generally willing to do whatever it
takes to gain the freedom of their beloved ones. Most States would rather avoid
paying, but also wish to prevent terrorists from obtaining funds – including through
ransoms – to be used in further terrorist activities. This is clearly a controversial issue
among States. It is therefore recommended that States engage in an open and resultoriented discussion on how to tackle this challenging issue.
67.
States should abide by their commitments to increase their cooperation in tackling
terrorism, including terrorist hostage-taking in particular, as contained in the various
instruments adopted by international and regional intergovernmental institutions. In the
Algiers Memorandum on Good Practices on Preventing and Denying the Benefits of
Kidnapping for Ransom by Terrorists, the Global Counterterrorism Forum identified
some of the contemporary best practices in dealing with the scourge of kidnapping for
ransom.
68.
In their fight against terrorism in general and terrorist hostage-taking in
particular, States should promote and protect all relevant human rights 108 and, in the
context of an armed conflict, international humanitarian law.
69.
States should bear in mind the necessity of addressing the phenomenon within
the wider normative and institutional framework aimed at combating terrorism in
general. A comprehensive strategy is necessary when addressing all causes,
manifestations and consequences of terrorism. More specifically, in spite of spatial
and contextual differences between situations of hostage-taking or kidnapping for
ransom by terrorists, pirates or common criminals, the threats that such acts pose to
the human rights of hostages and local communities may not differ substantially.
Accordingly, legislative or policy initiatives may benefit from a more holistic
treatment of these phenomena and further international exchanges between States
and civil society about interesting and successful approaches.
108
For a comprehensive overview, see OHCHR, Human Rights, Terrorism and Counter-terrorism,
Factsheet No. 32. Available from www.ohchr.org/Documents/Publications/Factsheet32EN.pdf.
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