A/HRC/34/30
right not to have one’s life taken arbitrarily implies “an obligation on the part of States
Parties to take reasonable steps to prevent situations that could result in the violation” of the
right to life.4 Accordingly, this right generates positive obligations to prevent killings by
private individuals and non-State actors in certain situations.
5.
The Committee stated that “there may be circumstances in which a failure to ensure
Covenant rights as required by article 2 would give rise to violations by States parties of
those rights, as a result of States parties’ permitting or failing to take appropriate measures
or to exercise due diligence to prevent, punish, investigate or redress the harm caused by
such acts by private persons or entities”. 5 Under international human rights law, States thus
have a due diligence obligation to protect individuals under their jurisdiction from acts of
terrorism, to take effective counter-terrorism measures and to investigate and prosecute
those responsible for carrying out such acts. The duty to protect life also implies that States
should take appropriate measures to address the general conditions in society that may
eventually give rise to direct threats to life or prevent individuals from enjoying the right to
life with dignity, such as high levels of criminal and gun violence. 6
6.
As emphasized in the Secretary-General’s Plan of Action to Prevent Violent
Extremism, countering terrorism and violent extremism requires a comprehensive approach
that goes beyond “law enforcement, military or security measures to address development,
good governance, human rights and humanitarian concerns”. 7 It includes addressing
conditions conducive to violent extremism and terrorism and the human rights and gender
dimensions of that issue. Respect for international human rights law contributes to ensuring
that efforts to prevent and counter violent extremism are effective and sustainable. In other
words, all legislation, policies and programmes to prevent and counter violent extremism
must be designed and implemented in a manner that complies with human rights to avoid
the vicious circle whereby measures taken would risk feeding the very phenomenon they
are aimed at preventing.8
7.
As part of their obligations under international human rights law, States must put in
place effective domestic criminal legislation in line with the principle of legality as well as
criminal justice and law enforcement systems, such as measures to deter the commission of
offences, and investigate violations where they occur. Defining acts of terrorism in
domestic criminal legislation in line with the principle of legality is an important step
towards ensuring that those who commit such acts are brought to justice. In this regard, the
General Assembly has repeatedly urged all Member States to ensure that their laws
criminalizing acts of terrorism are accessible, formulated with precision, nondiscriminatory, non-retroactive and in accordance with international law, including human
rights law.9 States must also ensure that those suspected of criminal acts are prosecuted. As
emphasized by the Human Rights Committee in its general comment No. 31, failure by a
State party to investigate allegations of violations could in and of itself give rise to a
separate breach of the Covenant.
8.
Accountability for all gross violations of international human rights law and serious
violations of international humanitarian law through effective investigation and prosecution
of those responsible is essential to ensure justice, to provide redress to victims and to
prevent further violations. In certain circumstances, where a State is unwilling or unable to
4
5
6
7
8
9
See Inter-American Court of Human Rights, Velasquez Rodriguez v. Honduras, judgment of 29 July
1988, Series C, No. 4, para. 172.
See Human Rights Committee, general comment No. 31, para. 8; also E/CN.4/1995/42, para. 102.
See CCPR/C/USA/CO/4, para. 10.
See A/70/674, para. 41.
See A/HRC/33/29, para. 2.
General Assembly resolutions 63/185; 64/168; 65/221; 66/171; 68/178 and 70/148.
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