A/HRC/20/14
Guidelines on the protection of victims of terrorist acts extend the protection of the
Guidelines, in appropriate circumstances, to the close family of the direct victim
(chap. I - Principles, para. 1).
• Indirect victims of terrorism: Individuals who have suffered serious physical or
psychological injury as the indirect result of an act of terrorism. This category
includes (a) members of the public (such as hostages or bystanders) who have been
killed or injured through the use of potentially lethal force against suspected
terrorists; (b) eyewitnesses who have sustained serious psychological harm as the
result of witnessing a violent terrorist incident or its immediate aftermath; (c)
individuals who have been subjected to potentially lethal force by a public authority
after being mistakenly identified as a suspected terrorist;17 (d) rescue workers who
suffer serious physical or psychological harm as the result of taking part in
emergency relief.18
• Potential victims of terrorism: For the purposes of promoting a comprehensive
statement of basic rights and obligations in this sphere, potential victims of future
terrorist acts are an important additional category. They are the principal
beneficiaries of the State’s positive obligations under article 6 of the International
Covenant on Civil and Political Rights. Moreover, the prevention of future acts of
terrorism is an important part of the rationale for the State’s obligation, under article
6 of the Covenant, to conduct a prompt, thorough, independent and impartial
investigation into any act of terrorism.
A.
Legal obligation of States to protect the right to life
17.
The first obligation of any State, and a key component of its raison d’être, is the duty
to protect the lives of its citizens and of all individuals within its territory or subject to its
jurisdiction (A/66/310, para. 20). The right to life under article 6 of the Covenant19 has been
characterized as the supreme human right;20 it is non-derogable within the meaning of
article 4, paragraph 2, of the Covenant.21
18.
The States’ obligations under article 6 of the Covenant go beyond the duty of
refraining from the intentional and unlawful taking of life by public officials. Article 6 also
embodies States’ positive duty to take appropriate steps to safeguard the lives of individuals
within its jurisdiction. Regional human rights organs have established longstanding
jurisprudence in relation to States’ positive obligation to protect individuals from lifethreatening injury through the criminal acts of third parties. 22 More specifically, they have
elaborated standards regarding States’ duty to protect the right to life in the context of acts
of terrorism. The Council of Europe Guidelines on human rights and the fight against
terrorism refer to the “imperative duty of States to protect their populations against possible
terrorist acts,” (Preamble, para. f) while the Inter-American Commission on Human Rights
17
18
19
20
21
22
6
This category is typified by the case of Jean Charles de Menenez, who was fatally shot on a London
underground train on 22 July 2005, in the mistaken belief that he was one of those responsible for the
London bombings.
See footnote 12.
See also European Convention on Human Rights, art. 2; African Charter on Human and People’s
Rights, art. 4; American Convention on Human Rights, art. 4; Revised Arab Charter (2004), art. 5.
Manfred Nowak, UN Covenant on Civil and Political Rights, CCPR Commentary, 2nd edition
(Rhein, Engel, 2005), p. 121.
Human Rights Committee, general comment No. 6 (1982), para. 1.
See ECHR, Osman v. The United Kingdom; LC B v. The United Kingdom, no. 23413/94, 9 June 1998,
para. 36; IACtHR, Velasques Rodriguez v. Honduras, para. 166.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents