A/HRC/8/13
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19. Most countries have ratified the international human rights treaties as well as anti-terrorism
conventions. Obligations arising from these conventions reinforce and complement each other
when properly read together. In particular, the principle of legality, that is, sufficient clarity and
certainty of law, is a non-derogable human rights principle and has been interpreted by the
Human Rights Committee from article 15 of the International Covenant on Civil and Political
Rights (ICCPR). States must observe this principle when drafting anti-terrorism laws and/or
amending existing legislations.
20. However, many States have adopted national legislations with vague, unclear or overbroad
definitions of terrorism. These ambiguous definitions have led to inappropriate restrictions on the
legitimate exercise of fundamental liberties, such as association, expression and peaceful
political and social opposition.
21. The principle of legality is one of the non-derogable principles of human rights and is
embodied in article 15 of ICCPR. It states that “No one shall be held guilty of any criminal
offence on account of any act or omission which did not constitute a criminal offence, under
national or international law, at the time when it was committed”. States must be guided by this
principle when drafting anti-terrorism laws and/or amending existing legislations.
22. Some States have included non-violent activities in their national definitions of terrorism.
This has increased the risk and the practice that individuals are prosecuted for legitimate,
non-violent exercise of rights enshrined in international law, or that criminal conduct that does
not constitute “terrorism” may be criminalized as such.
23. Defining crimes with insufficient precision can also lead to an inappropriate broadening of
the proscribed conduct by means of judicial interpretation. There are several examples of hastily
adopted counter-terrorism laws which introduced definitions that lacked in precision and
appeared to contravene the principle of legality. Particular care must be taken, for instance, in
defining offences relating to the support that can be offered to terrorist organizations or offences
purporting to prevent the financing of terrorist activities in order to ensure that various
non-violent conducts are not inadvertently criminalized by vague formulations of the offences in
question. In previous reports, I have warned against counter-terrorism measures that themselves
amount to human rights violations, notably measures that have adverse impact on particular
groups such as human rights defenders, migrants, asylum-seekers and refugees, religious and
ethnic minorities, political activists and the media.4
2. Information, evidence sharing and the right to privacy
24. Intelligence-led policing has become a synonym for modern and effective policing. The
acquisition, development and use of information about terrorist groups and their activities are
4
The Human Rights Committee has stressed that legislation enacted pursuant to Security
Council resolution 1373 must be in conformity with the International Covenant on Civil
and Political Rights. See CCPR/CO/77/EST, para. 8, CCPR/CO/75/NZL, para. 11,
CCPR/CO/76/EGY, para. 16, CCPR/CO/75/MDA, para. 8, CCPR/CO/75/YEM, para. 18,
CCPR/CO/73/UK, para. 6, CCPR/CO/83/UZB, para. 18, CCPR/C/NOR/CO/5, para. 9.
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