certain individuals and populations to work, and their rights to education,
health services and a family life. A human rights analysis of the impact of
these counter-terrorism measures merits particular consideration in the
light of the serious consequences they may have for the individual, as well
as for his or her family and community.
Notes
1 See, for example, the Charter of the United Nations, Art. 55 (c), the Universal Declaration
of Human Rights, art. 2, and the Vienna Declaration and Plan of Action.
2 See International Law Commission, Draft articles on Responsibility of States for
Internationally Wrongful Acts, with commentaries, 2001 (United Nations, 2008),
Commentary to art. 26, para. (5), and to art. 40, paras. (3)–(5). See also International Criminal
Tribunal for the former Yugoslavia, Prosecutor v. Furundžija, Case IT-95-17/1, Judgement of
10 December 1998.
3 See Human Rights Committee, general comment N° 31 (2004) on the nature of the
general legal obligation imposed on States parties to the Covenant.
4 Case concerning Military and Paramilitary Activities in and against Nicaragua
(Nicaragua v. United States of America), Merits, Judgment of 27 June 1986, I.C.J. Reports
1986, paras. 172–201.
5 Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory,
Advisory Opinion of 9 July 2004, I.C.J. Reports 2004, paras. 111 and 113. See also Case
concerning Armed Activities on the Territory of the Congo (Democratic Republic of the
Congo v. Uganda), Judgment of 19 December 2005, I.C.J. Reports 2005, paras. 216–217.
For regional cases, see Inter-American Commission on Human Rights, Coard et al. v. United
States, Case 10.951, Report Nº 109/99, 29 September 1999, para. 37.
6 See A more secure world: Our shared responsibility (United Nations publication,
Sales N° E.05.I.5).
7 See, in particular, Security Council resolutions 1373 (2001) and 1377 (2001); General
Assembly resolutions 48/122, 49/185, 50/186, 52/133, 56/160 and 58/174, as well
as its Declaration on Measures to Eliminate International Terrorism (resolution 49/60);
Commission on Human Rights resolutions 2001/37 and 2004/44, Human Rights
Council resolution 6/28 and its recent resolution on the protection of human rights and
fundamental freedoms while countering terrorism (28 March 2008).
8 See Human Rights Committee, general comment N° 6 (1982).
9 See Manfred Nowak, U.N. Covenant on Civil and Political Rights: CCPR Commentary,
2nd rev. ed. (N.P. Engel, 2005), p. 121
10 See Human Rights Committee, views on communication N° 859/1999, Luis Asdrúbal
Jiménez Vaca v. Colombia, 25 March 2002 (A/57/40 (vol. II), annex IX, sect. W, para. 7.3).
11 See, for example, “Updated Set of principles for the protection and promotion of human
rights through action to combat impunity” (E/CN.4/2005/102/Add.1). See also Human Rights
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