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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