1373 gave very little attention to human rights.48 However, Security Council Resolution 1456,
adopted eighteen months later, requires that “States must ensure that any measures taken
to combat terrorism comply with all their obligations under international law, and should
adopt such measures in accordance with international law, in particular international human
rights, refugee, and humanitarian law.” 49
There is therefore an obligation to ensure that all domestic counter-terrorism measures are
human rights compliant. There are doubts that this obligation is being met. For example, the
High Commissioner for Human Rights has expressed “profound concern at the multiplication of policies, legislations and practices increasingly being adopted by many countries in
the name of the fight against terrorism, which negatively affect the enjoyment of virtually all
human rights − civil, cultural, economic, political and social.”50 As will be seen below, similar
concern has also been expressed by the UN Secretary General.
As part of the CTC’s efforts to ensure that human rights are taken seriously by states when
implementing Security Council Resolution 1373, the Committee has now created an Executive Directorate (CTED). That Directorate, which includes human rights experts, liaises directly with the High Commissioner for Human Rights.
The CTED is also required to ensure that the CTC incorporates human rights into its work,
as appropriate, noting the importance of states ensuring that counter-terrorism measures
are consistent with their obligations under international law, in particular human rights law,
refugee law and humanitarian law.
Human rights and counter-terrorism at the UN
Elsewhere within the UN structure, there have been additional developments from a human
rights perspective. For example, since 1998, the Sub-Commission on the Promotion and Protection of Human Rights has appointed an expert on human rights and counter-terrorism.
In 2005, a United Nations Special Rapporteur on the Promotion and Protection of Human
Rights while Countering Terrorism was appointed. His term runs for three years.
Since 11 September 2001, resolutions have been adopted by the General Assembly and Commission on Human Rights explicitly calling on the relevant United Nations human rights
mechanisms “to consider, within their mandates, the protection of human rights and fundamental freedoms in the context of measures to combat terrorism and to coordinate their
efforts, as appropriate, in order to promote a consistent approach on this subject.”51 Since the
Human Rights Council came into being in June 2006, it has endorsed the approach of the
now defunct Commission for Human Rights in these respects.
48 The exception is a provision calling on states to ensure that measures to prevent abuse of asylum procedures take
place “in conformity with the relevant provisions of national and international law, including international standards of human rights”, Security Council Resolution 1373, para. 3(f).
49 UN Security Council Resolution 1456 of 20 January 2003, doc. S/RES/1456 (2003), para. 6.
50 Report of the United Nations High Commissioner for Human Rights and follow-up to the World Conference on
Human Rights: Effective Functioning of Human Rights Mechanisms, doc. E/CN.4/2004/4, 5 August 2003, p. 22 (report of the tenth meeting of special rapporteurs/representatives, independent experts and chairpersons of working
groups of the special procedures of the Commission on Human Rights and of the advisory services programme,
which took place in Geneva from 23 to 27 June 2003).
51 See for example UN General Assembly, Resolution 58/187 of 22 March 2004, doc. A/RES/58/187, para. 7, and UN
Commission on Human Rights, Resolution 2004/87, 21 April 2004, para. 6.
Countering Terrorism, Protecting Human Rights
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