A/HRC/24/47
various international, regional and national instruments on combating terrorism and
organized crime, and relevant academic literature.
62.
The global community of States has adopted a wide range of instruments aimed
at preventing or combating specific aspects of terrorism. Existing treaties,
declarations, decisions and resolutions adopted by international or regional
intergovernmental bodies address a wide range of terrorist acts. Some instruments,
mostly those adopted by regional bodies, are dedicated to terrorism in general, while
global instruments are dedicated to particular aspects and dimensions of the
phenomenon. Most substantive provisions in existing global anti-terrorism legislation
are dedicated to the reinforcement of State cooperation in addressing the subject
matter of the treaties. Hostage-taking is generally mentioned as one of the modus
operandi of terrorists and expressly features in a number of proposed definitions of
terrorism, including in Security Council resolution 1566 (2004). As stated by the
Special Rapporteur on the promotion and protection of human rights and
fundamental freedoms while countering terrorism in relation to reparation for victims
of terrorism, national reparation mechanisms must be independent and provide for
adequate, effective and prompt reparation, which includes their being readily
accessible and their taking a gender perspective into account. 107
63.
The International Convention against the Taking of Hostages is the only
binding treaty addressing terrorist hostage-taking. There are currently 170 States
parties to the Convention. In the pursuit of a universal prohibition of hostage-taking,
it is to be hoped that States not yet party will ratify it. Since hostage-taking is
generally considered a modus operandi of terrorists, other instruments on specific
aspects of combating terrorism adopted by international, regional or national bodies
also apply to terrorist hostage-taking situations.
64.
Global, regional or national instruments on combating terrorism hardly
address the needs and entitlements of various categories of direct and indirect
individual or collective victims of terrorist acts, including terrorist hostage-taking.
The Declaration on Basic Principles of Justice for Victims of Crime and Abuse of
Power and the Basic Principles and Guidelines on the Right to a Remedy and
Reparation for Victims of Gross Violations of International Human Rights Law and
Serious Violations of International Humanitarian Law, however, provide for a wide
range of rights for victims, including victims of such terrorist acts as hostage-taking.
Generally, support and assistance for victims should receive much more attention
from States than it has to date.
65.
The International Convention against the Taking of Hostages clearly contains
an undertaking by States to criminalize hostage-taking. Since the Convention has to
date been ratified by 170 States, it is fair to state that an overwhelming majority of
States considers this to be a criminal act. Neither this particular instrument nor any
other international or regional treaties, expressly address the legality of the payment
of ransom to terrorist hostage-takers.
66.
Various global, regional or intergovernmental bodies have also adopted
resolutions and decisions requesting the criminalization of terrorist hostage-taking.
However, the various instruments either do not unequivocally address the legality of
payment of ransom to terrorist hostage-takers or provide for the rights and
entitlements of all categories of individual and collective victims of terrorist hostagetakers. International instruments against organized crime and the financing of
107
20
See A/66/310, para. 25.
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