A/HRC/34/30
investigate or prosecute those responsible for serious violations of international human
rights and international humanitarian law that are constitutive of international crimes, the
jurisdiction of the International Criminal Court may be triggered.
9.
In the context of terrorist acts and counter-terrorism measures, ensuring
accountability and combatting impunity is key. The obligation of States to hold individuals
to account for terrorist-related offences is set out in a range of multilateral and regional
treaties, protocols, resolutions and declarations. As underscored by the Council in its
resolution 31/30, all measures taken to combat terrorism must, themselves, also comply
with States’ obligations under international law, in particular international human rights,
refugee and humanitarian laws. Ensuring that counter-terrorism legislation and policy are
grounded in human rights helps to promote the prosecution and conviction of individuals
engaged in acts of terrorism in accordance with legally established procedures. This also
encourages legal consistency between national jurisdictions, thereby facilitating
international cooperation.10
10.
Conversely, failure to ensure respect for human rights has proven to be both
corrosive to the rule of law and conducive to a climate of impunity and has undermined the
effectiveness of counter-terrorism measures. In its 2016 review of the United Nations
Global Counter-Terrorism Strategy, the General Assembly expressed serious concern at the
occurrence of violations of human rights and fundamental freedoms committed in the
context of countering terrorism and stressed that, when counter-terrorism efforts neglected
the rule of law and violated international law, they not only betrayed the values they sought
to uphold, but they might also further fuel violent extremism that could be conducive to
terrorism.11
11.
State responses to terrorism and violent extremism have often resulted in excessive
measures that infringe human rights, including through the enactment in national legislation
of vague or overly-broad definitions of “terrorism” or “terrorist acts”, the expansion of
executive authority without effective procedural safeguards and oversight, and the exercise
of excessive powers by law enforcement agencies. 12 As highlighted by the General
Assembly, a national criminal justice system based on respect for human rights and the rule
of law, due process and fair trial guarantees is one of the best means for effectively
countering terrorism and ensuring accountability. 13 World leaders committed, through the
Sustainable Development Goals, to strengthen relevant national institutions, including
through international cooperation, for building capacity at all levels to prevent violence and
combat terrorism and crime. 14
12.
In its resolution 31/30, the Council underscored the importance of protecting the
rights of victims of terrorism and their families and of providing them with proper support
and assistance, while taking into account, when appropriate, considerations regarding
remembrance, dignity, respect, justice and truth in such a way that promotes accountability
and ends impunity, in accordance with international law. 15 In this regard, international and
regional standards relating to victims of crime and victims of gross violations of
international human rights law and serious violations of international humanitarian law, as
well as provisions of the universal treaties relating to specific aspects of terrorism, are
instructive also in addressing the needs of victims of terrorism.
10
11
12
13
14
15
4
See, for example, A/HRC/28/28, paras. 18-53.
See General Assembly resolution 70/291, para. 16.
See, for example, A/HRC/28/28, paras. 21-30; also the contribution from Child Rights International
Network.
General Assembly resolution 70/291.
See Transforming our world: the 2030 Agenda for Sustainable Development, Goal 16, target 16.a.
Human Rights Council resolution 31/30, para. 13.
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