any measure 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.” This position was reaffirmed in Security Council
resolution 1624 (2005). In his 2006 report “Uniting against terrorism:
recommendations for a global counter-terrorism strategy” (A/60/825), the
United Nations Secretary-General described human rights as essential to
the fulfilment of all aspects of a counter-terrorism strategy and emphasized
that effective counter-terrorism measures and the protection of human
rights were not conflicting goals, but complementary and mutually
reinforcing ones. Universal and regional treaty-based bodies have likewise
frequently observed that the lawfulness of counter-terrorism measures
depends on their conformity with international human rights law.30
The United Nations Global Counter-Terrorism Strategy reaffirms the
inextricable links between human rights and security, and places respect for
the rule of law and human rights at the core of national and international
counter-terrorism efforts. Through the Strategy, Member States have
committed to ensuring respect for human rights and the rule of law as
the fundamental basis of the fight against terrorism. To be effective, this
should include the development of national counter-terrorism strategies
that seek to prevent acts of terrorism and address the conditions conducive
to their spread; to prosecute or lawfully extradite those responsible for
such criminal acts; to foster the active participation and leadership of civil
society; and to give due attention to the rights of all victims of human
rights violations.
Not only is the promotion and protection of human rights essential to
the countering of terrorism, but States have to ensure that any counterterrorism measures they adopt also comply with their international human
rights obligations.
The General Assembly has adopted a series of resolutions concerning
terrorism since December 1972, addressing measures to eliminate
international terrorism as well as the relationship between terrorism
and human rights. It has emphasized that States must ensure that any
measures taken to combat terrorism comply with their obligations under
international law, in particular international human rights, refugee and
humanitarian law.31
Under the Charter of the United Nations, the Security Council has primary
responsibility for the maintenance of international peace and security,
including measures to address terrorism as a threat to international
peace and security. The Security Council has undertaken a number of
counter-terrorism actions, notably in the form of sanctions against States
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