A/HRC/45/27 crimes and human rights violations. States should redouble their efforts to effectively investigate, prosecute and punish perpetrators of both terrorism-related offences and human rights violations committed in the context of countering terrorism, with a view to ensuring justice and combating climates of impunity that can be seen in that domain in several States. States should also ensure the compliance of all security forces with international law and increase training aimed at preventing future violations. 53. In order to develop and maintain a criminal justice system in accordance with their obligations under international law, States should: (a) Bring their counter-terrorism legislation and its implementation into full compliance with international standards, with strict adherence to the principle of legality; (b) Ensure that criminal prosecution of criminal acts committed by members of terrorist groups seeks to expose the fullest span of criminality committed by members of terrorist groups; (c) Incorporate international crimes in national legislation to complement and reinforce counter-terrorism legislation; (d) Take further steps towards the prevention of torture and other cruel, inhuman and degrading treatment or punishment of suspects of terrorism-related crimes, and avoid the trial of civilians by military or special courts. All trials must respect and comply with the right to a fair trial and judicial guarantees provided in international law. 54. States that retain capital punishment should establish a moratorium on the use of the death penalty, and in the interim, should undertake a comprehensive review of relevant legislation and its implementation for compliance with international standards, particularly concerning the limitation of the use of the death penalty to “the most serious crimes”, the absolute prohibition of its use for persons aged under 18 at the time of the offence, and strict compliance with due process guarantees. 55. Support and assistance should be prioritized to strengthen States’ capacities to investigate and prosecute crimes under international law, including under the principle of universal jurisdiction, in accordance with international standards. 56. Suspected foreign fighters and their family members held in displacement and detention camps should be repatriated to States of origin, in line with the principle of non-refoulement, unless they are prosecuted in accordance with international standards where individual criminal conduct is reasonably alleged. States should heed the guidance prepared by the United Nations in 2018 regarding human rights-based responses to the situation of foreign fighters and their families. 57. The human rights of all victims of terrorist acts must be addressed, without discrimination. A victim-centred approach should be at the heart of States’ efforts to ensure accountability for crimes relating to terrorism. Victims must be enabled to access justice as part of their right to know the truth and to be heard. They should be provided with an effective remedy and granted full reparation, commensurate with the harm suffered. They should be given the possibility to effectively participate in judicial proceedings and other mechanisms to enable them to understand the full dimensions of events. Victims who choose to participate must be protected against intimidation, retaliation and arbitrary interference with their rights. Those principles also apply to victims of abusive counter-terrorism practices. 58. The gender dimension of terrorist acts should be taken into full account. Concerns over enslavement, including sexual slavery, and trafficking by terrorist groups have increased, while the investigation and prosecution of those crimes continues to be insufficient. Children born out of rape in such contexts suffer particular stigma and rejection. Such children should be acknowledged as having rights both as children and as victims of crime. 15