Chapter 8 How Rights Work: Specific Issues for Counter-terrorism Strategies I n addition to applying the basic of human rights principles, those developing human rights compliant counter-terrorism strategies must also address a number of specific issues relevant to human rights and international law. These include: • • • • equality and non-discrimination; human rights within a state of emergency; international criminal law; and accountability of states for actions of non-state actors. The aim of this chapter is to provide broad policy guidance on these issues and to identify how they apply in practice to concerns arising out of counter-terrorism strategies. Equality before the law and protection from discrimination in international human rights law Equal treatment before the law and non-discrimination are essential elements of democracy. These guiding principles need to be fully integrated into any counter-terrorism policy. The OSCE participating States have recognized that: 12. Practices related to discrimination and intolerance both threaten the security of individuals and may give rise to wider-scale conflict and violence. They can have their root in issues such as ethnic and religious tensions, aggressive nationalism, chauvinism and xenophobia, and may also stem from racism, anti-Semitism and violent extremism, as well as lack of respect for the rights of persons belonging to national minorities […] 36. Discrimination and intolerance are among the factors that can provoke conflicts, which undermine security and stability. Based on its human dimension commitments, the OSCE strives to promote conditions throughout its region in which all can fully enjoy their human rights and fundamental freedoms under the protection of effective democratic institutions, due judicial process and the rule of law. 2003 Maasticht Document The OSCE has also firmly rejected the identification of terrorism with any nationality or religion.191 The UN human rights mechanisms have been particularly concerned about discriminatory responses to terrorism. They have drawn attention to the negative effect some counter-terrorism measures have had on equal treatment and freedom from discrimination. They have 191 Op. cit., note 23, 2001 Bucharest Document, Decision no. 1, para 3. 80 Countering Terrorism, Protecting Human Rights