cooperate on administrative and judicial matters in order to prevent the commission of
terrorist acts.
Subsequent resolutions of the Security Council have built on this policy foundation to
strengthen the framework for international and national action, particularly following
the 11 September 2001 attacks. Resolution 1373 was adopted on 28 September 2001
under Chapter VII of the UN Charter. It established new international legal
obligations on States to take measures and to cooperate against terrorism. The
measures include criminalizing the collection of funds for terrorist acts and freezing
the assets of terrorists; refraining from providing any support to entities or individuals
involved in terrorist acts; preventing terrorist acts through early warning and exchange
of information with other States; denying safe haven to terrorists; preventing the
State’s territory from being used by terrorists or supporters of terrorists; criminalizing
terrorist acts and prosecuting supporters of terrorism; assisting other States in
prosecuting terrorism and the financing of terrorist acts; preventing the movement of
terrorists through effective border controls and effective issuance of identity
documents, including measures to prevent their forgery; intensifying and accelerating
the exchange of operational information concerning terrorists; and ensuring that
refugee status is not abused by terrorists.
Resolution 1373 established a Committee of the Security Council, consisting of all the
Council members, known as the Counter-Terrorism Committee (CTC). The
Committee is tasked with monitoring implementation of resolution 1373. All States
were called upon to report to the Committee on the steps they have taken to
implement this resolution.
OHCHR carried out a preliminary review of some of these reports and noted several
common tendencies. A large number of reports focus mainly on the legal framework
to counter-terrorism, but do not address how these measures operate in practice. Some
measures may appear benign but could have a negative impact on the enjoyment of
human rights. For instance, some States include in their domestic definition of
terrorism certain non-violent activities. Several States have granted law enforcement
agents additional search, arrest and detention powers and added limitations on legal
representation. The distinction between minors and adults is not always clear. Some
laws place severe and unwarranted restrictions on the right to seek asylum, which may
violate the non-refoulement right of refugees.
OHCHR has exchanged views with the CTC, briefing it three times since its inception
in 2001. In September 2002, the High Commissioner for Human Rights submitted a
“Note to the Chair of the Counter-Terrorism Committee: A Human Rights Perspective
On Counter-Terrorist Measures”, in which general principles of law were set out to
help guide States in protecting human rights in the context of their efforts to eradicate
terrorism (see http://www.un.org/Docs/sc/committees/1373/ , Briefings, 24 September
2002). A briefing was also arranged by CTC to the Human Rights Committee in
Geneva on 27 March 2003, followed by a briefing of the CTC by a member of the
Human Rights Committee on 19 June 2003 in New York.
Recent action by the UN General Assembly
The issue of combating terrorism has been on the agenda of the UN General
Assembly for decades. The General Assembly passed numerous resolutions on the
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