The use of military and special tribunals or courts to try terrorist suspects may also have a serious impact on due process rights, depending on the nature of the tribunal or court and any restrictions placed on a person facing charges before it.82 In particular, the circumstances are rare in which a military court will be the appropriate venue to try a civilian. A number of other counter-terrorism measures adopted by Member States have had a serious impact on due process-related rights for individuals suspected of terrorism, as well as their families, including the listing and de-listing of individuals and groups as terrorist or associated entities, both by the Security Council Al-Qaida and Taliban Sanctions Committee and by national procedures.83 While targeted sanctions against individuals suspected of involvement in terrorist activity may be an effective tool in a State’s efforts to combat terrorism, such procedures pose a number of serious challenges to human rights. Measures should be taken to ensure a transparent listing and de-listing process, based on clear criteria, and with an appropriate, explicit and uniformly applied standard of evidence, as well as an effective, accessible and independent mechanism of review for the individuals and States concerned. At a minimum, the standards required to ensure fair and clear procedures must include the right of an individual to be informed of the measures taken and to know the case against him or her as soon as, and to the extent, possible, without thwarting the purpose of the sanctions regimes; the right to be heard within a reasonable time by the relevant decision-making body; the right to effective review by a competent and independent review mechanism; the right to counsel with respect to all proceedings; and the right to an effective remedy.84 G. The principle of legality and the definition of terrorism The existing international legal framework on counter-terrorism sets out obligations in relation to terrorism, without providing a comprehensive definition of the term. Calls by the international community to combat terrorism, without defining the term, might be understood as leaving it to individual States to define what is meant by it. This carries the potential for unintended human rights abuses and even the deliberate misuse of the term.85 One specific example in this context is respect for the principle of legality, which is enshrined in article 15 of the International Covenant on Civil and Political Rights and is non-derogable, even in times of public emergency. 39