A/HRC/20/14 purpose of identifying the lessons learnt from a terrorist incident, so that the authorities may be better able to prevent similar future incidents. 23. In connection with requirement (iii), there is a distinction to be drawn between cases where the authorities have previously accepted an obligation to provide personal protection to an individual or group identified as being at specific risk (in which case, the authorities may be said to have assumed direct responsibility for guaranteeing the physical safety of those individuals or groups32) and cases in which the obligation at issue is the overarching duty resting on the State to afford adequate protection against the general threat posed by terrorism to the population at large. 33 In the latter context, States have competing considerations to balance, including protection of the rights of others to liberty and security, fair trial, privacy, freedom of expression and freedom of movement. They may also be constrained by the allocation of scarce resources. States must therefore be afforded a certain discretion in planning general counter-terrorism strategies and in choosing from the legislative, executive and operational means at their disposal for discharging their positive operational obligations under article 6 of the Covenant.34 24. Regarding the term “criminal” in requirement (iv), no distinction is to be drawn in this connection between terrorism and other crimes against person or property. The Special Rapporteur adopts and reiterates the approach of his predecessor that all acts of terrorism should be categorized as ordinary crimes, and dealt with within the legal and institutional framework of ordinary criminal law.35 25. In relation to requirement (v), counter-terrorism measures must be fully in compliance with international human rights and humanitarian law. They must respect the right to life of suspects and bystanders; the absolute prohibition on the use of torture or other ill-treatment or punishment during interrogation or detention; the right to liberty and security; the right to a fair and public trial by an independent and impartial tribunal; the principle of legal certainty and non-retrospectivity in the application of the criminal law; as well as the qualified rights to privacy, freedom of expression and freedom of association. Counter-terrorism measures must also be carefully tailored to meet the specific threat that has been identified, while avoiding discrimination, including unjustified differences in the treatment of particular religious or ethnic groups or of foreign nationals. 36 The adoption of human rights-abusive, counter-terrorism measures has been recognized by the General Assembly as one of the conditions conducive to the spread of terrorism. 37 The Special Rapporteur considers it self-evident that human rights abuses by States in countering the threat of terrorism hand a propaganda victory to the terrorists and provide them with distorted arguments by which they recruit others to their cause. Not only are such measures internationally unlawful, but they also increase, to an unknown extent, the risk to potential future victims of terrorism. 26. An important dimension of requirement (v) is the State’s positive duty to intervene in the course of a major terrorist incident and its aftermath. The requirements of article 6 of the Covenant imply that any rescue operation should be based on a carefully considered general emergency plan, prepared and approved in advance by the authorities. States have a 32 33 34 35 36 37 8 See footnote 25. ECHR, Mastromatteo v. Italy, no. 37703/97, para. 69; Maiorano and Others v. Italy, no. 28634/06, para. 107. ECHR, Ciechonska v. Poland, no. 19776/04, para. 65. See A/HRC/16/51, para. 21, practice 3.1. See ECHR, A and others v. The United Kingdom, no. 3455/05. See General Assembly resolution 60/288.