A/HRC/45/27 concerns, particularly in terms of excessive security measures and disproportionate impacts on individuals and groups. Moreover, as the High Commissioner has also noted, the global pandemic has brought to the surface structural inequalities, discrimination and the root causes of violence and conflict. 3 The situation has provided additional opportunities for terrorist actors to exploit vulnerabilities among local communities. The United Nations Global Counter-Terrorism Strategy is particularly relevant in that context as it emphasizes that marginalization, discrimination and other violations of human rights are among the key drivers conducive to terrorism and violent extremism. As such, States should increase efforts to tackle conditions conducive to terrorism and violent extremism, including and particularly during times of crisis, such as the current one. II. Issues of human rights concern: accountability and the rights of victims A. Human rights and accountability 7. Accountability for serious violations of international humanitarian law and gross violations of international human rights law is fundamental to the promotion of respect for the rule of law. It serves as a deterrent against future violations, and provides a measure of redress and justice for victims of the most serious crimes. It also strengthens efforts to secure and sustain peace. Under international human rights law, States must investigate, prosecute and punish violations of human rights, and, if there is sufficient evidence, prosecute the alleged perpetrators and punish them if convicted. 8. States are obliged to investigate and prosecute terrorist crimes. 4 They must also ensure that their counter-terrorism policies and practices fully comply with international humanitarian law, international human rights law and international refugee law. Those two interlinked dimensions have been stressed in the United Nations Global Counter-Terrorism Strategy and numerous resolutions of the Security Council and the General Assembly. In resolutions 37/27 and 42/18, the Human Rights Council also stressed the importance of ensuring access to justice and accountability, and called on States to ensure that any person who alleges that their human rights or fundamental freedoms have been violated by measures taken or means employed to counter terrorism or violent extremism conducive to terrorism has access to justice, due process and an effective remedy, and that victims of human rights violations and abuses receive adequate, effective and prompt remedy and reparations, which should include, as appropriate, restitution, compensation, rehabilitation and guarantees of non-repetition as a fundamental basis of any strategy to counter terrorism and violent extremism conducive to terrorism. 9. Some States have taken steps to investigate certain violations of international humanitarian law and international human rights law committed in the context of countering terrorism. Nevertheless, the outcomes of investigations and related judicial proceedings often remain inaccessible. 5 There is particular concern regarding the opaque accountability of the personnel of intelligence agencies, particularly for torture or illtreatment of those suspected of committing terrorist acts. 6 Another concern is the broad immunity sometimes provided in national legislation for law enforcement or other State 3 4 5 6 See www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=25916 and www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=26195&LangID=E. Security Council resolution 1373 (2001). For example, UNAMI and OHCHR, “Report on the protection of civilians in the context of the Ninewa Operations and the retaking of Mosul City, 17 October 2016–10 July 2017” (2017), pp. 29 and 39–40; United Nations University (UNU) and Institute for Integrated Transitions, The Limits of Punishment: Transitional Justice and Violent Extremism (UNU, 2018), p. 111; and CCPR/C/NGA/CO/2, paras. 30–31. See A/HRC/22/52 and Corr.1. 3

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