considered to have links to certain acts of terrorism (primarily in the 1990s)
and later against the Taliban and Al-Qaida, as well as the establishment of
committees to monitor the implementation of these sanctions. In 2001,
it adopted resolution 1373 (2001), which obliges Member States to take
a number of measures to prevent terrorist activities and to criminalize
various forms of terrorist actions, and calls on them to take measures that
assist and promote cooperation among countries including signing up to
international counter-terrorism instruments. Member States are required
to report regularly to the Counter-Terrorism Committee (see annex) on
their progress.
As seen above, the Security Council has called on States to ensure that
counter-terrorism measures comply with international human rights
law, refugee law and humanitarian law in several of its resolutions.32 In
its report to the Security Council (S/2005/800), the Counter-Terrorism
Committee reiterated this call. It also stressed that the Counter-Terrorism
Committee Executive Directorate (see annex) should take this into account
in the course of its activities.
In addition to the general obligation of States to act within a human rights
framework at all times, it should be noted that the universal treaties on
counter-terrorism expressly require compliance with various aspects of
human rights law. In the context of the International Convention for the
Suppression of the Financing of Terrorism, for example, this is illustrated
in article 15 (expressly permitting States to refuse extradition or legal
assistance if there are substantial grounds for believing that the requesting
State intends to prosecute or punish a person on prohibited grounds of
discrimination); article 17 (requiring the “fair treatment” of any person
taken into custody, including enjoyment of all rights and guarantees
under applicable international human rights law); and article 21 (a catchall provision making it clear that the Convention does not affect the other
rights, obligations and responsibilities of States).
B. The flexibility of human rights law
The promotion and protection of human rights while countering terrorism
is an obligation of States and an integral part of the fight against terrorism.
National counter-terrorism strategies should, above all, seek to prevent
acts of terrorism, prosecute those responsible for such criminal acts, and
promote and protect human rights and the rule of law.
22
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