A/HRC/24/47
paragraph 1, declares that State parties should establish as a criminal offence “agreeing
with one or more persons to commit a serious crime for a purpose relating directly or
indirectly to the obtaining of a financial or other material benefit”.
52.
Nonetheless, it is possible to argue that the payment of ransom to terrorist hostagetakers for the release of hostages may fall within the proscribed financing of terrorism
under the International Convention for the Suppression of the Financing of Terrorism,
which, in its article 2, criminalizes the conduct of any person who “provides or collects
funds with the intention that they should be used or in the knowledge that they are to be
used, in full or in part, in order to carry out… [a]n act which constitutes an offence within
the scope of and as defined in one of the treaties listed in the annex”.
53.
The above reading of the International Convention for the Suppression of the
Financing of Terrorism is corroborated by Security Council resolution 1373 (2001), in
which the Council called on States to prevent and suppress the financing of terrorist acts,
including through the criminalization of the wilful provision or collection, by any means,
directly or indirectly, of funds by their nationals or in their territories with the intention that
the funds should be used, or in the knowledge that they are to be used, in order to carry out
terrorist acts. The above-mentioned Convention was the first of its kind to expressly
provide for the establishment of mechanisms to compensate victims of criminal acts
referred to in the Convention through funds derived from the forfeitures. 101
54.
In the particular case of terrorist organizations renowned for kidnapping for ransom,
such as Al-Qaida in the Islamic Maghreb, FARC and Abu Sayyaf, it is widely reported that
funds collected through payment of ransom are used for further terrorist activities.
Accordingly, anyone paying ransom may be presumed to have at least knowledge of the
fact that the funds will be used to commit other terrorist acts.
55.
While in the immediate years following the events of 11 September 2001 the issue
of terrorism was addressed with an almost exclusive focus on suspected perpetrators, the
issue of victims’ rights has gradually moved to the centre of the debate within the context
of the United Nations. The United Nations Global Counter-Terrorism Strategy stresses the
need to promote and protect the rights of victims of terrorism, and points to the
dehumanization of victims of terrorism as one of the conditions conducive to the spread of
terrorism. It also includes a pledge by States to consider putting in place, on a voluntary
basis, national systems of assistance that would promote the needs of victims of terrorism
and their families and facilitate the normalization of their lives. The Strategy forms a basis
for a concrete plan of action to (a) address the conditions conducive to the spread of
terrorism; (b) prevent and combat terrorism; (c) take measures to build the capacity of
States to fight terrorism; (d) strengthen the role of the United Nations in combating
terrorism; and (e) ensure the respect of human rights while countering terrorism.
56.
The Declaration on Basic Principles of Justice for Victims of Crime and Abuse of
Power and the Basic Principles and Guidelines on the Right to a Remedy and Reparation
for Victims of Gross Violations of International Human Rights Law and Serious Violations
of International Humanitarian Law provide for a wide range of rights for victims, including
victims of such terrorist acts as hostage-taking. For instance, since victims of terrorist
hostage-taking are often subjected to gross human rights violations, they are entitled to full
and effective reparation, which include restitution, compensation, rehabilitation,
satisfaction and guarantees of non-repetition.102 Moreover, general human rights guarantees
101
102
18
International Convention for the Suppression of the Financing of Terrorism, art. 8, para. 4.
Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross
Violations of International Human Rights Law and Serious Violations of International Humanitarian
Law, para. 18.
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