and a duty to take effective counter-terrorism measures, to prevent and
deter future terrorist attacks and to prosecute those that are responsible
for carrying out such acts. At the same time, the countering of terrorism
poses grave challenges to the protection and promotion of human rights.
As part of States’ duty to protect individuals within their jurisdiction, all
measures taken to combat terrorism must themselves also comply with
States’ obligations under international law, in particular international
human rights, refugee and humanitarian law.
D. Accountability and the human rights of victims
From a human rights perspective, support for victims in the context of
terrorism is a paramount concern. While efforts immediately following
the events of 11 September 2001 largely failed to give due consideration
to the human rights of victims, there is increasing recognition of the need
for the international community to take fully into account the human
rights of all victims of terrorism. In the 2005 World Summit Outcome
(General Assembly resolution 60/1), for example, Member States stressed
“the importance of assisting victims of terrorism and of providing them
and their families with support to cope with their loss and their grief.”
Similarly, the United Nations Global Counter-Terrorism Strategy reflects the
pledge by Member States to “promote international solidarity in support
of victims and foster the involvement of civil society in a global campaign
against terrorism and for its condemnation.”
In addressing the needs of victims of terrorism, consideration must be
given to the distinction between victims of crime, on the one hand, and
victims of human rights violations, on the other. While this distinction is not
always clear-cut, it is important to note that, in most cases, terrorist-related
acts will be addressed as criminal offences committed by individuals and a
State will not, in principle, be responsible for the illegal conduct itself. Acts
constituting human rights violations are committed primarily by organs or
persons in the name of, or on behalf of, the State. In some circumstances,
however, the State may be responsible for the acts of private individuals
that may constitute a violation of international human rights law.
While a comprehensive analysis of the needs of victims of crime and
human rights violations in the context of terrorism, and of responses
to those needs, is beyond the scope of this publication, several basic
principles should be underscored. In particular, international and regional
standards with regard to victims of crime and victims of gross violations
of international human rights law and serious violations of international
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