explicitly recognized as non-derogable that they be secured by procedural guarantees including, often, judicial guarantees. The provisions of the ICCPR relating to procedural safeguards may never be made subject to measures that would circumvent the protection of non-derogable rights. In particular, any trial possibly leading to the imposition of the death penalty during a state of emergency must conform to the provisions of the ICCPR, including those on fair trial. These include the right to equality before the courts and tribunals; the right to a fair hearing by a competent, independent and impartial tribunal; the presumption of innocence; the right of the accused to be informed of the nature and cause of the charge against him or her promptly and in detail in a language which he or she understands; the right to communicate with counsel of choice; the right to examine witnesses and secure the attendance and examination of witnesses on behalf of the accused; and the right not to be compelled to testify against oneself or to confess guilt. In addition, the ICCPR, ECHR, ACHR, as well as the African Charter require that, in the exceptional circumstances where it is permitted to limit some rights for legitimate and defined purposes other than emergencies, the principles of necessity and proportionality must be applied. The measures taken must be appropriate and the least intrusive possible to achieve their objective. The discretion granted to certain authorities to act must not be unfettered. The principle of non-discrimination must always be respected and special effort made to safeguard the rights of vulnerable groups. Counter-terrorism measures targeting specific ethnic or religious groups are contrary to human rights and would carry the additional risk of an upsurge of discrimination and racism. Recent action by the UN Security Council The Security Council has adopted a number of resolutions concerning terrorism. Most were passed in the context of condemning specific terrorist acts. The condemned acts include the 11 September 2001 attacks in New York, Washington D.C., and Pennsylvania in the United States of America; the attacks in Bali, Indonesia on 12 October 2002; the hostage-taking acts in Moscow, Russian Federation on 23 October 2002; the bomb attack in Kikambala and the attempted missile attack on an airliner departing Mombassa, Kenya on 28 November 2002; and the bomb attack in Bogotá, Colombia on 7 February 2003. Two Security Council resolutions also established a collective framework for action. In resolution 1269 (1999), the Security Council expressed its deep concern over the increase in acts of international terrorism which endangered the lives and well-being of individuals worldwide as well as the peace and security of all States. The Council condemned all acts of terrorism, irrespective of motive, wherever and by whomever committed, as criminal and unjustifiable, in particular those which could threaten international peace and security. The Council called upon all States to cooperate with one another, to prevent and suppress terrorist acts, to protect their nationals and other persons against terrorist attacks, and to bring to justice the perpetrators of such acts. It further called upon all States to take appropriate measures, in conformity with the relevant provisions of national and international law, including international standards of human rights, before granting refugee status, for the purpose of ensuring that the asylum-seeker has not participated in terrorist acts. The Council urged all States to exchange information in accordance with international and domestic law, and to 5