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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