CHANAKYA NATIONAL LAW UNIVERSITY,

NYAYA NAGAR, MITHAPUR, PATNA – 800001.

TOPIC - “Terrorism And Human Rights”

FINAL DRAFT SUBMITTED IN THE PARTIAL FULFILMENT OF THE COURSE
TITLED –
LEGAL METHODS AND RESEARCH METHODOLOGY

SUBMITTED TO:
Mr. VIJAYANT SINHA.
Faculty of Legal Methods and Research Methodology.

SUBMITTED BY BANDITA.
ROLL NO : 2221
SEMESTER : FIRST.
SESSION : 2019-2024

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 DECLARATION

I hereby declare that the project entitled “Terrorism And Human Rights” submitted by me at
CHANAKYA NATIONAL LAW UNIVERSITY is a record of bona fide project work
carried out by me under the guidance of our mentor Mr. Vijayant Sinha. I further declare
that the work reported in this project has not been submitted and will not be submitted, either
in part or in full, for the award of any other degree or diploma in this university or in any
other university.

BANDITA
ROLL NO. 2221

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 ACKNOWLEDGEMENT

It is a fact that any research work prepared, compiled or formulated in isolation is

inexplicable to an extent. This research work, although prepared by me, is a culmination of
efforts of a lot of people who remained in veil, who gave their intense support and helped me
in the completion of this project.
Firstly, I am very grateful to my subject teacher Mr. VIJAYANT SINHA, without the kind
support and help of whom the completion of this project was a herculean task for me. He
donated his valuable time from his busy schedule to help me to complete this project. I would
like to thank him for his valuable suggestions towards the making of this project.
I am highly indebted to my parents and friends for their kind co-operation and encouragement
which helped me in completion of this project. I am also thankful to the library staff of my
college which assisted me in acquiring the sources necessary for the compilation of my
project.
Last but not the least, I would like to thank the Almighty who kept me mentally strong and in
good health to concentrate on my project and to complete it in time.
I thank all of them !

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 TABLE OF CONTENTS

Page No.

1. INTRODUCTION…………………………………………………………5-6

2. WHAT ARE HUMAN RIGHTS…………………………………………..7-8

3. WHAT IS TERROISM?.............................................................................9-10

4. COUNTER-TERRORISM……………………………………………….11-12

5. IMPACT OF TERRORISM ON HUMAN RIGHTS…………………….13-14

6.HUMAN RIGHTS OF THE VICTIMS…………………………………..15-16

7.CONCLUSION……………………………………………………………..17
8.BIBLIGRAPHY…………………………………………………………….18

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 INTRODUCTION

Terrorism is, in the broadest sense, the use of intentionally indiscriminate violence as a means
to create terror among masses of people; or fear to achieve a financial, political, religious or
ideological aim.1 It is used in this regard primarily to refer to violence against peacetime
targets or in war against non-combatants. The terms "terrorist" and "terrorism" originated
during the French Revolution of the late 18th century.

The human cost of terrorism has been felt in virtually every corner of the globe. Terrorism
clearly has a very real and direct impact on human rights, with devastating consequences for
the enjoyment of the right to life, liberty and physical integrity of victims. In addition to these
individual costs, terrorism can destabilize Governments, undermine civil society, jeopardize
peace and security, and threaten social and economic development. All of these also have a
real impact on the enjoyment of human rights.

The measures adopted by States to counter terrorism have themselves often posed serious
challenges to human rights and the rule of law. Some States have engaged in torture and other
ill-treatment to counter terrorism. Respect for human rights and the rule of law must be the
bedrock of the global fight against terrorism This requires the development of national
counter-terrorism strategies that seek to prevent acts of terrorism, prosecute those responsible
for such criminal acts, and promote and protect human rights and the rule of law. It implies
measures to address the conditions conducive to the spread of terrorism, including the lack of
rule of law and violations of human rights, ethnic, national and religious discrimination,
political exclusion, and socio-economic marginalization; to foster the active participation and
leadership of civil society; to condemn human rights violations, prohibit them in national law,
promptly investigate and prosecute them, and prevent them; and to give due attention to the
rights of victims of human rights violations, for instance through restitution and
compensation.

States have an obligation to provide protection against terrorism. Human rights standards
impose positive obligations on states to ensure the right to life, protection from torture, and
other human rights and freedoms. Acts of terrorism are likely to infringe on all of the rights
that are part of a state’s positive duty to protect. This does not necessarily mean that an act of
terrorism amounts to a failure to protect by the state. However, if the state fails to take
adequate and appropriate measures to protect those rights, the state itself bears some
responsibility for the violation.

1
Fortna , Virginia Page(20 May 2015). “Do Terrorists Win? Rebels’ Use of Terrorism and Civil War Outcomes.”

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 AIMS AND OBJECTIVES

1. The researcher tends to throw some light on the effect of terrorism on society.
2. The researcher tends to analyze different problems that are related to terrorism and counter
terrorism.
3. The researcher tends to analyze the human Rights of victims and the Human Rights of
Terrorists.

RESEARCH METHODOLOGY

The researcher will be relying on doctrinal method of research.

SOURCES OF DATA

The researcher has used both, primary as well as the secondary sources to complete the
project.

HYPOTHESIS

The researcher of the view that Humanity is hampered due to Terrorism and Victims of
Terrorism have more Rights as for the Terrorists.

LIMITATIONS OF THE STUDY

The researcher had limited time available to him and furthermore taking into consideration
that , the researcher has to rely upon the doctrinal method of research to complete this project.

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 TERRORISM

There is no settled definition of terrorism in international law, despite many attempts to

achieve one by intergovernmental organizations, governments, and academics.2Terrorism is
commonly understood to refer to acts of violence that target civilians in the pursuit of
political or ideological aims. Terrorism includes “criminal acts intended or calculated to
provoke a state of terror in the general public, a group of persons or particular persons for
political purposes” and that such acts “are in any circumstances unjustifiable, whatever the
considerations of a political, philosophical, ideological, racial, ethnic, religious or other
nature that may be invoked to justify them.” 3 Terror and terrorism can be viewed either from
the perspective of the person who applies it or from the perspective of the person subjected to
it. As Hegel observed that about the master- slave relationship, the possibility of exchange of
roles always exists. Applied terror and terrorism as function of domination alters the human
relation between the parties. Hegel sees this as a dialectical exchange with social as well
psychological complications.

The relation between the force of terror as instrument of state. Terror here is in the service of
the state. There is evidence that no human being can terrorize another human being without
an exaltation which is the Jacobean's thought of “virtue”. Terrorism by unofficial groups
against the targets in another state or within the state, if promoted or condoned by a
government, may raise issues which are unlawful use of force by the state. Terrorism is a
means to those fanatics who uses this as one of the most valuable weapon against all the
combined forces against it.
It is difficult to explain terrorism. Terrorism has no official criminal law definition at
the international level. Common definitions of terrorism refer to violent acts which are
intended to create fear (terror). They may be done for a religious, political,
or ideological goal, and often target civilians. Some definitions now include acts of unlawful
violence and war. The use of similar tactics by criminal gangs is not usually called terrorism.
The same actions may be called terrorism when done by a politically motivated group.

The first ill-fated attempt to define terrorism in an international instrument was in the 1937
Geneva Convention for the Prevention and Punishment of Genocide, which defined terrorism
as “all criminal acts directed against a state and intended or calculated to create a state of
terror in the minds of particular persons or a group of persons or the general public.” This
definition was criticized for its lack of precision, and the Convention never entered into force
as it did not receive the necessary number of ratifications. Nonetheless, ensuring an
appropriate definition of terrorism is key to an effective international approach to combating
terrorism. This is not just because of the political and moral connotations that accompany the
term, but also because there are significant legal consequences.

Terrorism occurs in many different contexts and takes different forms. Without seeking to
define terrorism here, we can consider some of its consistent features including:
• its organized nature (whether the organization involved is large or small);
• its dangerousness (to life, limb and property);
• its attempt to undermine government in particular (by seeking to influence policy and
2
UN General Assembly Resolution A/RES/49/60,9 December 1994. The Declaration states(para 3)
3
1994, the General Assembly’s Declaration on Measures to Eliminate International Terrorism set out in its
Resolution 49/60

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law-makers);
• its randomness and consequential spreading of fear/terror among a population.

A prevailing characteristic of acts of terrorism is that they are crimes even if they have an
additional quality that requires that they be considered “terrorist” in nature. Terrorist acts are
criminal acts and subject therefore to the normal rigours of criminal law. It does not make a
difference to the applicability of human rights standards whether the issue under review is
deemed to be a terrorist act as opposed to any other serious criminal act. Terrorism includes
not only action causing death or serious bodily injury, but also “serious damage to public or
private property” and any (not only serious) damage that is likely to result in “major
economic loss.” This is qualified by a requirement of intent either to intimidate a population,
or to “compel a Government or an international organisation to do or abstain from doing any
act.” The threat of any such action, where it is “credible or serious,” is also an offence, and it
is an offence to attempt terrorist action or to “contribute” to the commission of terrorist
offences.4

The definition of terrorism in the current draft of the Convention is controversial. It states in
Article 2:16:
Any person commits an offence within the meaning of this Convention if that person, by any
means, unlawfully and intentionally, causes:
(a) death or serious bodily injury to any person; or
(b) serious damage to public or private property, including a place of public use, a State or
government facility, a public transportation system, an infrastructure facility or the
environment;
(c) damage to property, places, facilities, or systems referred to in paragraph 1(b) of this
article, resulting or likely to result in major economic loss, when the purpose of the conduct,
by its nature or context, is to intimidate a population, or to compel a Government or an
international
organisation to do or abstain from doing any act.5

Terrorism is an anxiety-inspiring method of repeated violent action, employed by individual,

group or state actors, for idiosyncratic, criminal or political reasons, whereby the direct
targets of violence are not the main targets. The immediate human victims of violence are
generally chosen randomly or selectively from a target population, and serve as message
generators. Threat- and violence-based communication processes between terrorist, victims,
and main targets are used to manipulate the main target , turning it into a target of terror, a
target of demands, or a target of attention, depending on whether intimidation, coercion, or
propaganda is primarily sought.6

4
The scope of these provisions are pragmatic from a human rights point of view, in particular as concerns the
principle of legality as enshrined in Article 15 ICCPR and Article 7 of ECHR Draft Article 2 highlights the tension
between the security and human rights approach: the broad definition of terrorism creates potential
difficulties with freedom of expression, freedom of association, fair trial rights and private life
5
UN General Assembly, Report of the Ad Hoc Committee established by General Assembly Resolution 51/210
of 17 December 1996, Sixth session( 28 January-1 February 2002),doc. A/57/37.
6
United Nations Office on Drugs and Crime. Definition of Terrorism 2007., (accessed on 15 august 2019)

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 HUMAN RIGHTS

Human rights are universal values and legal guarantees that protect individuals and groups
against actions and omissions primarily by State agents that interfere with fundamental
freedoms, entitlements and human dignity. The full spectrum of human rights involves
respect for, and protection and fulfilment of, civil, cultural, economic, political and social
rights, as well as the right to development. Human rights are universal— in other words, they
belong inherently to all human beings—and are interdependent and indivisible. International
human rights law lays down the obligations of Governments to act in certain ways or to
refrain from certain acts, in order to promote and protect human rights and fundamental
freedoms of individuals or groups.

The international community has committed to adopting measures that ensure respect for
human rights for all and the rule of law as the fundamental basis of the fight against
terrorism, through the adoption of the United Nations Global Counter-Terrorism Strategy by
the General Assembly in its resolution 60/288. Member States have resolved to take measures
aimed at addressing the conditions conducive to the spread of terrorism, including lack of
rule of law and violations of human rights, and ensure that any measures taken to counter
terrorism comply with their obligations under international law, in particular human rights
law, refugee law and international humanitarian law.

Universal Declaration of Human Rights

Almost immediately, the UN established a Commission on Human Rights, which was
charged with the task of submitting proposals on an International Bill of Rights. The Draft
declaration was adopted by the General Assembly in 1948 and came to be known as the
Universal Declaration of Human Rights (UDHR). This instrument has had a profound impact
on the development of regional and global standards for the protection of general or specific
human rights. The UDHR established a universal language of human rights. Their source is
the international community and they originate from the UN as an expression of global
values.74 It is now the duty of states, regardless of their political, economic and cultural
systems, to promote and protect all human rights and fundamental freedoms. The Universal
Declaration of Human Rights is built on the fundamental principle that human rights are
based on the “inherent dignity of all members of the human family” and are the “foundation
of freedom, justice and peace in the world.”7 It recognizes that to be able to guarantee human
dignity, economic and social, as well as civil and political, rights need to be observed. It
contains a long list of rights to which all people are entitled, among them:
• the right to life, liberty and security of person;
• the right to freedom from torture and degrading treatment;
• the right to seek and to enjoy in other countries asylum from persecution;
• the right to own property;
• freedom of thought, conscience and religion;
• the right to freedom of opinion and expression;
• the right to an adequate standard of living;
• the right to education.
7
The Universal Declaration of Human Rights was adopted and proclaimed by General Assembly Resolution
217A(III) of 10 December 1948, by 56 members of the United Nations

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Human rights, as they are now commonly understood, emerged from the creation of the
United Nations. In the aftermath of World War II, governments committed themselves to
establishing the UN with the primary goal of promoting international peace and preventing
conflict. Human rights were held to be key to achieving those aims. The preamble to the
Charter of the United Nations asserts that the main objectives of the organization are, among
other things, to:
”save succeeding generations from the scourge of war […and] reaffirm faith in
fundamental
human rights, in the dignity and worth of the human person, in the equal rights of men and
women and of nations large and small"8
Although the UDHR is not a legally binding document, it has inspired more than 20 major
human rights instruments, which together constitute an international standard of human
rights. The principles in the UDHR have also been incorporated into the constitutions and
laws of many states in the form of fundamental rights or basic laws. Many of its provisions
are also considered to be reflective of customary international law, and therefore binding on
states that have not signed some of the instruments subsequently adopted.

One rationale of human rights is the guarantee of human dignity. It was for this reason that
the drafters of the UDHR highlighted human dignity in the first paragraph of its preamble.
They were responding to some of the worst atrocities committed in the history of the world
against human dignity. Therefore, the principles they set out were designed to guard against
any potential future Holocaust or other carnage such as those that occurred across the globe
throughout the 1930s and 1940s. The UDHR and the human rights instruments that were
inspired by it are therefore designed to counter threats to democratic values, which would
certainly include threats from terrorism. Enhancing human rights standards means that any
response to an unlawful act must be carefully targeted to avoid violating human rights. If a
particular violation is identified that needs to be addressed — for example, incitement to
violence — the control imposed should address the specific problem, without undermining
human rights.

Human rights are recognized as being inherent within all people and they are mainly
identified and articulated through human rights treaties. Once these treaties have been
adopted, signed and ratified they are binding upon the states parties to the treaty, and the
rights contained within them have the force of law. As a legal principle, treaties are therefore
the strongest assertion of rights, international law, such as the prohibition on torture and
slavery, which are recognized as being peremptory norms and therefore the most
fundamental.

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.

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Article1(3) of the charter states that that the purposes of the UN is to achieve international cooperation in
“promoting and encouraging respect for human rights and for fundamental freedom for all without distinction
as to race, sex, language of religion.” What the UN Charter does not do is to specify the contents of any human
rights”, not does it establish any mechanism for the protection of human rights in the members of the United
Nations.

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 COUNTER TERRORISM

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,9 examining more
specifically States’ obligation to ensure that all counter-terrorism measures themselves
comply with human rights standards and the flexibility built into human rights law to deal
with exceptional circumstances.

Just as terrorism impacts on human rights and the functioning of society, so too can measures
adopted by States to counter terrorism. 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. 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.

The United Nations Global Counter-Terrorism Strategy was adopted by the General
Assembly on 8 September 2006. This marks the first time that Member States have agreed to
a comprehensive, global strategic framework to counter terrorism. The strategy spells out
concrete measures for Member States to take individually as well as collectively to: address
the conditions conducive to the spread of terrorism, prevent and combat terrorism and
strengthen their individual and collective capacity to do so, and protect human rights and
uphold the rule of law while countering terrorism. The strategy calls for Member States to
work with the United Nations system to implement the provisions of the plan of action
contained in the strategy and at the same time calls for United Nations entities to assist
Member States in their efforts. The United Nations departments, programmes, funds and
agencies have been taking actions in a number of areas in line with the strategy both in their
individual capacity and through joint efforts in the framework of the Counter-Terrorism
Implementation Task Force.

The Counter-Terrorism Implementation Task Force, established in 2005 by the Secretary-

General, works to ensure overall coordination and coherence among at least two dozen
entities throughout the United Nations system involved in counter-terrorism efforts. The Task

9
Concluding document of the Vienna Meeting (Third Follow-Up meeting to the Helsinki Conference) (1989
Vienna document), Principles, par.13. Available at http://www.osce.org/documents

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Force has developed a programme of work and established working groups to carry forward a
first set of initiatives to help Member States implement the strategy. Working groups
include:
• Facilitating Integrated Implementation of the Strategy: The working group aims to
develop a practical methodology to assist interested Member States, at their request, and in
cooperation with Task Force entities and organizations, as appropriate, with the integrated
implementation of the strategy.

• Addressing Radicalization and Extremism that Lead to Terrorism: The working group
aims to offer Member States assistance in identifying how radicalization and extremism may
lead to terrorism and ideas for undermining the appeal of terrorism.

• Countering the Use of the Internet for Terrorist Purposes: The working group aims to
identify and bring together stakeholders and partners to discuss the abuse of the Internet for
terrorist purposes and identify possible ways to combat this abuse at a national, regional and
global level.

• Protecting Human Rights While Countering Terrorism: The working group aims to
support efforts by Member States to ensure the promotion and protection of human rights in
the context of counter-terrorism, including through the development of practical tools, and
facilitate an exchange of information on priority human rights concerns, as well as good
practice examples on the protection of human rights in the context of countering terrorism,
drawing on experiences at the national and regional levels.

• Strengthening the Protection of Vulnerable Targets: The working group aims to

establish appropriate mechanisms to facilitate both the sharing of existing best practices and
the development of further best practices to protect vulnerable targets.

• Supporting and Highlighting Victims of Terrorism: The working group aims to promote
the sharing of best practices between relevant actors in supporting victims of terrorism; lay
the foundation for a constructive dialogue between victims and Member States; build
solidarity between victims, Member States, the international community and civil society;
and galvanize broad support for counterterrorism efforts by highlighting the plight of
victims.

• Tackling the Financing of Terrorism: The working group aims to examine the various
components of counter-terrorism financing strategies and make proposals that would
contribute to increasing the effectiveness of the implementation by Member States of
international standards, including the Financial Action Task Force (FATF) Special
Recommendations.

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 IMPACT OF TERRORISM ON HUMAN RIGHTS

Terrorism aims at the very destruction of human rights, democracy and the rule of law. It
attacks the values that lie at the heart of the Charter of the United Nations and other
international instruments: respect for human rights; the rule of law; rules governing armed
conflict and the protection of civilians; tolerance among peoples and nations; and the
peaceful resolution of conflict.10

Terrorism has a direct impact on the enjoyment of a number of human rights, in particular the
rights to life, liberty and physical integrity.11 Terrorist acts can destabilize Governments,
undermine civil society, jeopardize peace and security, threaten social and economic
development, and may especially negatively affect certain groups. All of these have a direct
impact on the enjoyment of fundamental human rights.

The destructive impact of terrorism on human rights and security has been recognized at the
highest level of the United Nations, notably by the Security Council, the General Assembly,
the former Commission on Human Rights and the new Human Rights Council. Specifically,
Member States have set out that terrorism:

Threatens the dignity and security of human beings everywhere, endangers or takes innocent
lives, creates an environment that destroys the freedom from fear of the people, jeopardizes
fundamental freedoms, and aims at the destruction of human rights;

Has an adverse effect on the establishment of the rule of law, undermines pluralistic civil
society, aims at the destruction of the democratic bases of society, and destabilizes
legitimately constituted Governments;

Has links with transnational organized crime, drug trafficking, money-laundering and
trafficking in arms, as well as illegal transfers of nuclear, chemical and biological materials,
and is linked to the consequent commission of serious crimes such as murder, extortion,
kidnapping, assault, hostage-taking and robbery;

Has adverse consequences for the economic and social development of States, jeopardizes
friendly relations among States, and has a pernicious impact on relations of cooperation
among States, including cooperation for development; and

Threatens the territorial integrity and security of States, constitutes a grave violation of the
purpose and principles of the United Nations, is a threat to international peace and
security, and must be suppressed as an essential element for the maintenance of international
peace and security.
10
ECtHR, X and Y. v. The Netherlands Application no. 8978/80, 26 March 1985,paras 24-30
11
The Recommendation of the Committee of the ministers of the Council of Europe to member states on
assistance to crime victims of 14 June 2006, Rec(2006)8, helpfully explains what the duty requires

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International and regional human rights law makes clear that States have both a right and a
duty to protect individuals under their jurisdiction from terrorist attacks. This stems from the
general duty of States to protect individuals under their jurisdiction against interference in the
enjoyment of human rights. More specifically, this duty is recognized as part of States’
obligations to ensure respect for the right to life and the right to security. The right to life,
which is protected under international and regional human rights treaties, such as the
International Covenant on Civil and Political Rights, has been described as “the supreme
right” because without its effective guarantee, all other human rights would be without
meaning. As such, there is an obligation on the part of the State to protect the right to life of
every person within its territory and no derogation from this right is permitted, even in times
of public emergency. The protection of the right to life includes an obligation on States to
take all appropriate and necessary steps to safeguard the lives of those within their
jurisdiction.

There is a positive obligation on the state to protect identifiable potential victims who are at a
real and immediate risk of serious crime or terrorist acts, which the law-enforcement agencies
know about or ought to have known about. Under these circumstances, the state must take all
reasonable measures to put in place procedures and practices to prevent terrorist activity and
to minimize the collateral impact of counter-terrorism activities.

As part of this obligation, States must put in place effective criminal justice and law
enforcement systems, such as measures to deter the commission of offences and investigate
violations where they occur; ensure that those suspected of criminal acts are prosecuted;
provide victims with effective remedies; and take other necessary steps to prevent a
recurrence of violations. In addition, international and regional human rights law has
recognized that, in specific circumstances, States have a positive obligation to take preventive
operational measures to protect an individual or individuals whose life is known or suspected
to be at risk from the criminal acts of another individual, which certainly includes terrorists.
Also important to highlight is the obligation on States to ensure the personal security of
individuals under their jurisdiction where a threat is known or suspected to exist. This, of
course, includes terrorist threats.

In order to fulfil their obligations under human rights law to protect the life and security of
individuals under their jurisdiction, States have a right and a duty to take effective counter-
terrorism measures, to prevent and deter future terrorist attacks and to prosecute those that are
responsible for carrying out such acts. At the same time, the countering of terrorism poses
grave challenges to the protection and promotion of human rights. As part of States’ duty to
protect individuals within their jurisdiction, all measures taken to combat terrorism must
themselves also comply with States’ obligations under international law, in particular
international human rights, refugee and humanitarian law.

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 HUMAN RIGHTS OF VICTIMS

On 21 August, the United Nations observe the International Day of Remembrance and
Tribute to the Victims of Terrorism.12 This day is meant to pay tribute to the individuals
across the globe who have been attacked, injured, traumatized or lost their lives because of
terrorist attacks. It represents a major step forward in standing in solidarity with the victims
of terrorism.

The needs of victims of terrorism, consideration must be given to the distinction between
victims of crime, on the one hand, and victims of human rights violations, on the other. While
this distinction is not always clear-cut, it is important to note that, in most cases, terrorist-
related acts will be addressed as criminal offences committed by individuals and a State will
not, in principle, be responsible for the illegal conduct itself. Acts constituting human rights
violations are committed primarily by organs or persons in the name of, or on behalf of, the
State. In some circumstances, however, the State may be responsible for the acts of private
individuals that may constitute a violation of international human rights law. The
comprehensive analysis of the needs of victims of crime and human rights violations in the
context of terrorism, and of responses to those needs, is beyond the scope of this publication,
several basic principles should be underscored. In particular, international and regional
standards with regard to victims of crime and victims of gross violations of international
human rights law and serious violations of international humanitarian law may be instructive
in addressing the needs of victims of terrorism. Certain provisions of the universal treaties
relating to specific aspects of terrorism are also relevant to addressing the situations of
victims of terrorism.

Persons who, individually or collectively, have suffered harm, including physical or mental
injury, emotional suffering, economic loss or substantial impairment of their fundamental
rights, through acts or omissions that are in violation of criminal laws operative within
Member States, including those laws proscribing criminal abuse of power. Importantly, An
individual may be considered a victim “regardless of whether the perpetrator is identified,
apprehended, prosecuted or convicted and regardless of the familial relationship between the
perpetrator and the victim”. The term victim may include “the immediate family or
dependants of the direct victim, as well as persons who have suffered harm in intervening to
assist victims in distress or to prevent victimization.” The Declaration further outlines the
minimum standards for the treatment of these victims according to several basic principles of
justice. These require that victims should:
• Be treated with compassion and respect for their dignity;
• Be informed about, and have their views and concerns presented at, legal proceedings;
• Be entitled to proper assistance throughout the legal process;

12
http://www.un.org/victimsofterrorisms/sites/www.un.org/.victimsofterrorism/files/
international_day_for_victim pdf

15
 • Be protected against intimidation and retaliation;
• Have their privacy protected;
• Be offered the opportunity to participate in informal mechanisms for the resolution of
disputes, including mediation;
• Enjoy restitution and compensation, as appropriate; and
• Receive the necessary material, medical, psychological and social assistance.

Victims of terrorism and their families have the right to an effective remedy when their rights
have been violated in relation to terrorist acts. Those who claim that their rights have been
violated have the right to a public hearing before an independent and impartial tribunal. This
means that there must be effective access to court for such victims. The right to an effective
remedy for violation of human rights is a key protection for Victims of human rights
violations. It requires that a range of remedies is available to victims of serious crime, which
includes an effective investigation and prosecution of alleged offenders.

Although the right to a fair trial is principally concerned with defendants, it also
acknowledges that the rights of witnesses must be respected. For example, if necessary,
screens and other equipment can be used in court to protect vulnerable witnesses. However, if
a less restrictive measure can suffice then that measure should be applied. Victims’ rights to
privacy should also be respected, especially where this relates to medical confidentiality.
Effective prosecution of terrorist offenders is a key to protecting the rights of victims;
miscarriages of justice do nothing to protect the rights of victims and may lead to impunity
for the real offenders. The guarantee of the right to a fair trial is essential, therefore, to the
protection both of the rights of the suspect and of the rights of victims. Impunity for those
alleged to have committed serious violations of human rights standards is an affront to the
victims of those violations. From the perspective of victims’ rights, therefore, impunity is a
key issue. Compensation for victims and their families may form an essential part of any
counter-terrorism strategy that is human rights compliant.

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 CONCLUSION

Terrorism poses a serious threat not only to international peace and security but also to the
enjoyment of human rights and social and economic development. Member states are
therefore under a human rights obligation to safeguard the security of their citizen, including
through effective counter-terrorism measures. Several charters and resolution have been
adopted by the UN General Assembly to counter this problem and safeguard the human
rights. Counter- terrorism Implementation Task Force as a member of its working group on
human rights and rule of law works closely with CTED to solve this problem of crisi of
human rights due to terrorism.

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 BIBLIOGRAPHY

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