A/HRC/45/27 their experience and suffering be determined and made known. Yet often, States’ criminal justice systems are overly focused on the narrower objective of achieving convictions and pay scant attention to the independent right of victims to an effective remedy and reparations. Notably in terrorism-related trials, victims’ perspectives and testimonies have tended to play a much more minor role than the criminal offence, and victims’ attendance in court also tends to be more limited.83 49. There are continuing challenges relating to the rehabilitation and reintegration of women and children who were, or are suspected of being, associated with violent extremist and terrorist groups, who are often also victims of serious human rights violations, including sexual violence. They continue to be viewed primarily as “affiliates” and their potential mixed roles as supporters and victims entail complexities. In the Syrian Arab Republic, large numbers of survivors of serious human rights violations, mostly women and children, continue to live in camps for displaced persons controlled by the de facto authorities, with no clear prospect of how their situation could be resolved. The vast majority of the populations of the camps are Iraqis and Syrians, in addition to third country nationals. Those women and children, unlike male adults and boys held in detention centres, are not suspected of having held combat functions with Islamic State in Iraq and the Levant. While not facing any criminal charges in the Syrian Arab Republic, they are prevented from leaving the camps. According to the United Nations Office for the Coordination of Humanitarian Affairs, increasing and persistent protection concerns have emerged in recent months, including in the context of the potential spread of COVID-19 in the displacement camps.84 50. Women and child victims of serious human rights abuses are too often revictimized by communities, law enforcement officials and policymakers. Despite well-documented acts of sexual violence by terrorist groups in places including Iraq, Mali, Nigeria and the Syrian Arab Republic, there are yet to be adequate prosecutions of such crimes. 85 Furthermore, survivors of sexual violence and their children, including those born of wartime rape, have limited access to justice and face high levels of stigma and discrimination. 86 Some progress was made in Afghanistan in 2018, where individuals accused of rape by parties to the conflict, including members of the Taliban, were prosecuted and convicted.87 In a judicial case in Iraq, one victim of conflict-related sexual violence testified about the acts she had endured while held by the defendant, a member of Islamic State in Iraq and the Levant, although the defendant was charged with affiliation to a terrorist group, rather than crimes relating to sexual violence. 88 III. Conclusions and recommendations 51. Terrorism remains a serious threat to international peace and security. It has a negative impact on the enjoyment of a broad range of human rights and generates multifaceted short and long-term harm for individuals, communities and States. Responses to the threat of terrorism and violent extremism must be grounded in respect for the rule of law and human rights. Short of that, measures to counter terrorism risk being counterproductive and fuelling the further spread of terrorism and violent extremism. 52. The importance of accountability for both terrorism-related offences and human rights violations committed in the context of countering terrorism cannot be understated. Accountability contributes to prevention and to deterrence of future 83 84 85 86 87 88 14 UNAMI and OHCHR, “Human rights in the administration of justice in Iraq”, pp. 13–14. See https://reliefweb.int/sites/reliefweb.int/files/resources/Al%20Hol%20Snapshot_26Jul2020.pdf. S/2019/280, paras. 25, 52 and 60–61. CEDAW/C/NGA/CO/7-8, para. 15 (c); and S/2019/280, paras. 20–21. S/2019/280, para. 31. See Alissa J. Rubin, “She faced her ISIS rapist in court, then watched him sentenced to death”, New York Times, 2 March 2002; and Holly Johnston, “‘My dream came true’: Yezidi survivor watches as ISIS rapist sentenced to death”, Rudaw, 3 March 2020.

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