A/HRC/45/27 became an abolitionist State after amending its counter-terrorism legislation, which had previously provided for the death penalty for certain terrorism-related offences. 3. Implementation of counter-terrorism legislation 29. A main concern in the application of terrorism-related legislation is the use of vague status-based offences of “membership of” or “association with” a terrorist group, which have become a main feature of prosecution strategies of suspects of terrorism-related offences, including women, in several countries. As the Executive Directorate of the Security Council Committee established pursuant to resolution 1373 (2001) concerning counter-terrorism observed, “membership of a terrorist organization is to date the most widely used terrorism charge in the prosecution of female returnees and has led to convictions of women in several Member States, including in Europe and the Middle East”.51 30. In order to apply membership or association offences, some States have relied on circumstantial or limited evidence. In some countries, suspicion of an individual’s membership of a violent extremist or a terrorist group is based mainly on demographic considerations or sectarian or religious affiliation. 52 In other cases, individuals found in areas previously controlled by a terrorist group have often been presumed to be affiliated with that group or to have supported it in some way. Consideration of the scope and nature of such affiliation or actual support and elements of duress and coercion do not appear to feature significantly in those cases. 53 As a result of widespread presumptions, many people have become terrorist suspects, including those who remained in territory controlled by those groups. Moreover, broad interpretation of the notions of “membership” or “association” have in some cases led courts to convict women for simply being family members of alleged Islamic State in Iraq and the Levant fighters, or for performing basic services and tasks for them, such as household chores. 54 31. That sweeping approach has resulted in a sizeable number of individuals being brought under the scope of harsh counter-terrorism laws and policies and has led to hasty and faulty prosecutions. In some circumstances, it could amount to a form of collective punishment against certain communities.55 Furthermore, it has resulted in expending limited prosecutorial and judicial resources on individuals who could benefit from alternative accountability processes distinct from formal judicial process. 56 32. Some of the conduct considered as terrorist acts under national law may also constitute international crimes, including war crimes. Due recognition of the scope of such criminality, as well as the interest of victims, would call for prosecution of such international crimes, either instead of or in addition to terrorism offences. Yet, in countries where serious acts of terrorism have taken place, such as Iraq 57 and the Syrian Arab 51 52 53 54 55 56 57 Counter-Terrorism Committee Executive Directorate, “Analytical brief: the prosecution of ISILassociated women”, July 2020, p. 3. In Nigeria, there is reportedly widespread condemnation and distrust among society towards local populations who lived under Boko Haram rule. See Idayat Hassan, “What is justice? Exploring the need for accountability in the Boko Haram insurgency”, Harvard Human Rights Journal, online version, 27 December 2017. Available at https://harvardhrj.com/2017/12/what-is-justice-exploringthe-need-for-accountability-in-the-boko-haram-insurgency/. In Iraq, many civilian residents of territory controlled by Islamic State in Iraq and the Levant had to cooperate with the group. See UNU and Institute for Integrated Transitions, The Limits of Punishment, p. 47. Counter-Terrorism Committee Executive Directorate, “Analytical brief: the prosecution of ISILassociated women”, pp. 3–4. United Nations Multidimensional Integrated Stabilization Mission in Mali (MINUSMA) and OHCHR, “Human rights and the peace process in Mali (January 2016–June 2017): executive summary”, February 2018, pp. 4–5; and UNAMI and OHCHR, “Human rights in the administration of justice in Iraq”, pp. 11 and 14. For example, the criminal justice systems in Mali, the Niger and Nigeria are overburdened and are making slow progress against terrorism. See https://issafrica.org/iss-today/could-alternative-justicehelp-counter-terrorism. For example, A/HRC/38/44/Add.1, paras. 48–49. 9