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. 3

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