B. Compatibility of counter-terrorism measures with human rights obligations
Universal and regional systems frequently observe that the lawfulness of counterterrorism measures depends upon their conformity with international human rights
law.
United Nations
The Human Rights Committee has stressed that legislation enacted pursuant to
Security Council resolution 1373 must be in conformity with the International
Covenant on Civil and Political Rights:
The Committee is concerned that the relatively broad definition of the crime of
terrorism and of membership of a terrorist group under the State party's
Criminal Code may have adverse consequences for the protection of rights
under article 15 of the Covenant, a provision which significantly is nonderogable under article 4, paragraph 2. The State party is requested to ensure
that counter-terrorism measures, whether taken in connection with Security
Council resolution 1373 (2001) or otherwise, are in full conformity with the
Covenant.
--CCPR/CO/77/EST, para. 8 (2003).
*****
The State party is under an obligation to ensure that measures taken to
implement Security Council resolution 1373 (2001) are in full conformity with
the Covenant. The State party is requested to ensure that the definition of
terrorism does not lead to abuse and is in conformity with the Covenant.
--CCPR/CO/75/NZL, para. 11 (2002).
*****
While understanding the security requirements associated with efforts to
combat terrorism, the Committee voices concern at their effects on the human
rights situation…, particularly in relation to articles 6, 7, 9 and 14 of the
Covenant…. The State party must ensure that steps taken in the campaign
against terrorism are fully in accordance with the Covenant. It should ensure
that legitimate action against terrorism does not become a source of violations
of the Covenant.
--CCPR/CO/76/EGY, para. 16 (2002).
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