II. HUMAN RIGHTS AND COUNTERTERRORISM As seen in chapter I, terrorism has a direct impact on the enjoyment of human rights. As such, States have a duty to take effective counterterrorism measures. While the complexity and magnitude of the challenges facing States and others in their efforts to combat terrorism can be significant, international human rights law is flexible enough to address them effectively. This chapter will focus on the relationship between counter-terrorism and human rights, examining more specifically States’ obligation to ensure that all counter-terrorism measures themselves comply with human rights standards (sect. A) and the flexibility built into human rights law to deal with exceptional circumstances (sect. B). A. The promotion and protection of human rights while countering terrorism Just as terrorism impacts on human rights and the functioning of society, so too can measures adopted by States to counter terrorism. As mentioned above, because terrorism has a serious impact on a range of fundamental human rights, States have not only a right but a duty to take effective counter-terrorism measures. Effective counter-terrorism measures and the protection of human rights are complementary and mutually reinforcing objectives which must be pursued together as part of States’ duty to protect individuals within their jurisdiction. As referred to in chapter I, section E, the Security Council acted swiftly, following the terrorist attacks on 11 September 2001, to strengthen the legal framework for international cooperation and common approaches to the threat of terrorism in such areas as preventing its financing, reducing the risk that terrorists might acquire weapons of mass destruction and improving cross-border information-sharing by law enforcement authorities, as well as establishing a monitoring body, the Counter-Terrorism Committee, to supervise the implementation of these measures. Regional approaches have also been developed in the context of the African Union, the Council of Europe, the European Union, the League of Arab States, the Organization for Security and Co-operation in Europe, the Organization of American States, the Organization of the Islamic Conference, the South Asian Association for Regional Cooperation and other organizations. 19