Introduction This digest is a compilation of findings of judicial and quasi-judicial bodies of the United Nations and regional organizations on the issue of the protection of human rights in the struggle against terrorism. It has been prepared by the United Nations Office of the High Commissioner for Human Rights (OHCHR). Its aim is to assist policy makers and other concerned parties in developing a vision of counter-terrorism strategies that are fully respectful of human rights. No one doubts that States have legitimate and urgent reasons to take all due measures to eliminate terrorism. Acts and strategies of terrorism aim at the destruction of human rights, democracy, and the rule of law. They destabilise governments and undermine civil society. Governments therefore have not only the right, but also the duty, to protect their nationals and others against terrorist attacks and to bring the perpetrators of such acts to justice. The manner in which counter-terrorism efforts are conducted, however, can have a far-reaching effect on overall respect for human rights. Human rights law establishes a framework in which terrorism can be effectively countered without infringing on fundamental freedoms. The need to protect human rights in the struggle against terrorism has been highlighted by the UN SecretaryGeneral, the High Commissioner for Human Rights and other leaders in the international community. The objective of this digest is to enhance the understanding of this framework. Definition of terrorism Twelve international conventions related to terrorism have been adopted within the UN context. One gap in these conventions is the lack of a clear and commonlyagreed definition of terrorism. A draft comprehensive convention on terrorism is currently being debated at the General Assembly which is grappling with this issue. Although terrorism has yet to be authoritatively defined, States have already agreed on some of its core elements. On 9 December 1994, the General Assembly adopted the Declaration on Measures to Eliminate International Terrorism, in the annex to resolution 49/60. The Declaration stated that terrorism includes “criminal acts intended or calculated to provoke a state of terror in the general public, a group of persons or particular persons for political purposes”, and further held that such acts “are in any circumstances unjustifiable, whatever the consideration of a political, philosophical, ideological, racial, ethnic, religious, or other nature that may be invoked to justify them”. States’ obligations under human rights law Human rights law has sought to strike a fair balance between legitimate national security concerns and the protection of fundamental freedoms. It acknowledges that States must address serious and genuine security concerns, such as terrorism. The balance is reflected in the International Covenant on Civil and Political Rights (ICCPR), which has been ratified or acceded to by 151 States, as well as in regional human rights treaties such as the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR), the American Convention on Human 3