There has been a proliferation of security and counter-terrorism legislation
and policy throughout the world since the adoption of Security Council
resolution 1373 (2001), much of which has an impact on the enjoyment of
human rights. Most countries, when meeting their obligations to counter
terrorism by rushing through legislative and practical measures, have
created negative consequences for civil liberties and fundamental human
rights. The most relevant human rights concerns which States should take
seriously to ensure that any measure taken to combat terrorism complies
with their obligations under human rights law will be highlighted in
chapter III.
The central role of human rights and State obligations
when countering terrorism
The international community has committed to adopting measures
that ensure respect for human rights for all and the rule of law as the
fundamental basis of the fight against terrorism, through the adoption
of the United Nations Global Counter-Terrorism Strategy by the General
Assembly in its resolution 60/288. Member States have resolved to take
measures aimed at addressing the conditions conducive to the spread of
terrorism, including lack of rule of law and violations of human rights,
and ensure that any measures taken to counter terrorism comply with
their obligations under international law, in particular human rights law,
refugee law and international humanitarian law.
In 2004, the High-level Panel on Threats, Challenges and Change reported
that recruitment by international terrorist groups was aided by grievances
nurtured by poverty, foreign occupation, and the absence of human rights
and democracy.29
The World Summit Outcome, adopted by the General Assembly in 2005,
also considered the question of respect for human rights while countering
terrorism and concluded that international cooperation to fight terrorism
must be conducted in conformity with international law, including the
Charter of the United Nations and relevant international conventions and
protocols. The General Assembly and the Commission on Human Rights
have emphasized that States must ensure that any measures taken to
combat terrorism comply with their obligations under international human
rights law, refugee law and international humanitarian law. The Security
Council has done the same, starting with the declaration set out in its
resolution 1456 (2003), in which the Security Council, meeting at the
level of Ministers for Foreign Affairs, stated that “States must ensure that
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