A/HRC/16/51 jurisprudence of international, regional or domestic courts; (b) the practice relates to and promotes the effective combating of terrorism; and (c) the practice complies with human rights and/or promotes the enjoyment of human rights and fundamental freedoms. 11. The compilation includes examples of elements of best practice from numerous national laws and institutional models. It is, however, important to note that the citation of specific provisions from national laws or institutional models does not imply a general endorsement of these laws and institutions as best practice in protecting human rights in the context of counter-terrorism. The aim of the compilation is to identify concrete legal issues and – on the basis of existing and advocated approaches, including recognition of their positive and negative aspects – from this propose 10 concrete models for wider adoption and implementation by Member States. The compilation is non-exhaustive in the sense that there are many other issues where compliance with human rights could be addressed and a best practice identified. In advocating the 10 selected best practices in the report, the Special Rapporteur is not suggesting that all Member States should take a uniform approach. Rather, he believes that the 10 best practices should be adopted and implemented in a form that takes into account the fundamental principles of each State’s legal system. A. Consistency of counter-terrorism law with human rights, humanitarian law and refugee law 12. Together with the responsibility of States to protect those within their jurisdiction from acts of terrorism, States have an obligation to comply with international law, including human rights law, refugee law and humanitarian law.6 These legal obligations stem from customary international law, applicable to all States,7 and international treaties, applicable to States parties.8 Compliance with all human rights9 while countering terrorism represents a best practice because not only is this a legal obligation of States, but it is also an indispensible part of a successful medium- and long-term strategy to combat terrorism. The Global Counter-Terrorism Strategy therefore identifies respect for human rights for all and the rule of law as one of its four pillars and as the fundamental basis of the fight against terrorism (thus applicable to all aspects of the Strategy).10 In pillar I, the Strategy also recognizes that compliance with human rights is necessary in order to address the long-term conditions conducive to the spread of terrorism, which include lack of rule of law and violations of human rights, ethnic, national and religious discrimination, political exclusion, socio-economic marginalization and lack of good governance.11 While making it clear that none of these conditions can excuse or justify terrorism, the Strategy represents a clear affirmation by all States Members of the United Nations that effective counter-terrorism measures and the protection of human rights are not conflicting, but rather complementary 6 7 8 9 10 11 6 See, for example, Security Council resolutions 1456 (2003), annex, para. 6, and 1624 (2005), para.4; General Assembly resolution 60/288, annex, para. 3; the Statement by the President of the Security Council (footnote 3), para. 12; and A/HRC/16/51/Add.4. See Military and Paramilitary Activities in and against Nicaragua (Nicaragua v United States of America), (Merits), 1986, ICJ Reports, paras. 172-201. Vienna Convention on the Law of Treaties, art. 34. General Assembly resolution 64/168, para. 6 (f). See also A/60/825, para. 118, and the Stockholm Programme of the European Council, OJEU C115/1 (2010), item 4.5. Statement by the President of the Security Council of 27 September 2010, op.cit., seventh paragraph. See also paragraph 9, in which the Security Council emphasizes the importance of enhancing dialogue and broadening understanding among civilisations “in an effort to prevent the indiscriminate targeting of different religions and cultures, [which] can help counter the forces that fuel polarization and extremism, and will contribute to strengthening the international fight against terrorism...”.