HRC58: Strengthening Human Rights in Counter-Terrorism
The 58th Session of the Human Rights Council
24 February - 4 April 2025
Item 3: Interactive Dialogue with Special Rapporteur on the Promotion of Human Rights and Fundamental Freedoms while Countering Terrorism
11 March 2025
By Matilde Gamba / GICJ
Executive Summary
On 11 March 2025, during the 25th Meeting of the 58th Session of the Human Rights Council, country representatives and delegates convened to discuss the report of the Special Rapporteur, Ben Saul, on the Promotion and Protection of Human Rights and Fundamental Freedoms while Countering Terrorism (A/HRC/58/47) [1]. The Special Rapporteur’s report underscored the growing importance of regional organisations in upholding human rights while countering terrorism. Mr. Saul highlighted that while regional organisations play a key role in fostering international security, their actions must align with international human rights obligations to ensure that counter-terrorism measures protect human rights and fundamental freedoms rather than suppress them.
The Special Rapporteur’s report highlighted the challenges posed by regional counter-terrorism policies and identified three key areas for improvement. First, Mr. Saul called for greater engagement with civil society organisations (CSOs) to enhance transparency, legitimacy, and public confidence in counter-terrorism measures. Second, the Special Rapporteur highlighted the risks associated with the misuse of counter-terrorism sanctions against political opponents, activists, and journalists, calling for stricter due process safeguards and independent review mechanisms. Lastly, the report underscored the importance of aligning regional military cooperation with International Humanitarian and Human Rights Law, ensuring accountability for violations.
The Special Rapporteur urged regional organisations to redefine their definitions of terrorism to prevent abuse and ensure that legal cooperation and intelligence-sharing align with human rights standards. Moreover, Mr. Saul recommended that participants account for human rights and gender considerations in counter-terrorism policies and improve accountability mechanisms, particularly concerning victim support.
The interactive dialogue underscored the urgency of adopting a balanced approach that safeguards human rights and fundamental freedoms while effectively neutralising terrorism. Multiple delegates echoed the Special Rapporteur’s call for stronger human rights safeguards in counter-terrorism policies, emphasising accountability and transparency. Conversely, other delegations defended their national or regional strategies, arguing that security measures must precede certain rights considerations when combating terrorist threats. Participants raised concerns about the potential misuse of CSO engagement for ulterior motives, while others stressed the need to address terrorism’s root causes, such as poverty and governance failures.
Geneva International Centre for Justice (GICJ) strongly supports the Special Rapporteur’s call for greater accountability in counter-terrorism measures to protect fundamental rights and freedoms. GICJ urges regional organisations to prevent human rights violations under the guise of security, ensure meaningful civil society participation, and implement independent oversight of military operations to address the root causes of terrorism. GICJ firmly condemns all acts of terrorism as unjustifiable and calls for legal safeguards against politically motivated sanctions and stronger protection for individuals facing repression. Without embedding human rights protections in counter-terrorism efforts, sustainable security and justice cannot be achieved.
Background
Since the 21st century, terrorism has posed significant challenges across various legal fields, including International Humanitarian Law (IHL) and Human Rights Law (HRL). However, despite its global impact, there is still no universally agreed-upon definition of the phenomenon. Accordingly, the main challenge in addressing terrorism under international law lies in ensuring a coherent and unified approach while effectively combating this evolving threat.
In response to the 9/11 terrorist attacks, the United Nations Security Council, in Resolution 1368 of September 2001, condemned all acts and forms of terrorism, declaring the latter as “one of the most serious threats to international peace and security in the 21st century” [2]. Yet, despite the widespread use of the term in both domestic and international legal contexts, the lack of a common definition has created ambiguity. Since the phenomenon of terrorism involves different types of perpetrators, from State actors to non-State actors, finding a common definition that encapsulates all forms of terrorist activities has been highly challenging for the international community.
This legal uncertainty has significant consequences. Without an agreed definition, States have the discretion to label certain groups or actions as terrorism, which can lead to politically motivated designations and undermine the legitimacy of counter-terrorism efforts. Additionally, some States fear that a universal definition might be misapplied to non-terrorist activities, potentially justifying human rights violations under the guise of counter-terrorism measures.
In this framework, while in the aftermath of the 9/11 terrorist attacks governments have increasingly enacted counter-terrorism laws and policies, concerns have been raised over the excessive or misuse of these strategies, leading to the abuse and erosion of human rights and fundamental freedoms.
For this reason, in April 2005, the UN Commission on Human Rights established, through resolution 2005/80 [3], the mandate of a Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism. The mandate was established to recommend and advocate for counter-terrorism legislation and policies, fully protecting human rights and fundamental freedoms. In addition, it aimed to provide States, UN entities, civil society, and relevant stakeholders with support, technical assistance, and expertise in line with the evolving counter-terrorism dynamics, proactively addressing long-term needs and strategies.
Over the ensuing years, the Human Rights Council extended the mandate of the Special Rapporteur on the promotion and protection of human rights and fundamental freedoms, most recently through resolution 49/10 [4] of 31 March 2022.
For any purpose, terrorist and violent extremist acts have detrimental effects on individuals’ human rights and fundamental freedoms, significantly limiting their full enjoyment of political, civil, economic, social, and cultural rights. States must protect persons in their territory against terrorist acts and guarantee that all policies adopted to counter terrorism align with international legal frameworks. This includes strict adherence to International Human Rights Law, International Refugees Law, and International Humanitarian Law (IHL). Ensuring compliance with these obligations is necessary to preserve the rule of law.
The Human Rights Council recognised that a counter-terrorism strategy that upholds human rights, fundamental freedoms, and the rule of law is the only effective approach to marginalise terrorism and violent extremism, thereby recognising counter-terrorism measures and human rights protections as mutually reinforcing.
Effectively countering terrorism requires a holistic and multidimensional approach that addresses its root causes. Assisting the victims of terrorism with adequate support and reparations while upholding their dignity, remembrance, and respect is a priority and in line with international law. To achieve these objectives, States must develop a comprehensive definition and understanding of terrorist acts and strengthen international cooperation, aligning joint efforts with legal obligations at a global level.
Relevant United Nations agencies as well as international, regional, and subregional organisations involved in the fight against terrorism provide States with significant capacity-building and technical assistance in developing victim assistance programmes. Within this framework, the United Nations Secretary General’s initiative to convene the first Global Congress of Victims of Terrorism is a significant step towards raising awareness about victims of terrorism and enhancing the protection of their rights and fundamental freedoms.
Summary of the Special Rapporteur’s Report
Since November 2023, Mr. Ben Saul has held the mandate of the Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism. Mr. Saul submitted his report for the 58th Session of the Human Rights Council, under resolution 49/10.
The report, a sequel to Mr. Saul’s report (A/79/324) [5] to the United Nations General Assembly, provides a comprehensive overview of the protection of human rights by regional organisations while countering terrorist acts. Despite regional organisations’ crucial role in shaping counter-terrorism strategies, their activities have not been sufficiently scrutinised. Accordingly, Mr. Saul recalls that such policies and actions must fully respect civil and political liberties as well as economic and social rights. With this aim, regional organisations should leverage their institutional capacities and the influence they wield over States to promote and reinforce human rights protections and standards, rather than compromising fundamental freedoms.
The report outlines three key areas of concern: (1) civil society engagement in countering terrorism, (2) counter-terrorism sanctions, and (3) regional military operations to neutralise terrorism. By identifying good practices and highlighting existing challenges, the Special Rapporteur calls for recommendations and improvements to enhance the effectiveness and compliance of counter-terrorism measures while respecting international human rights standards.
Civil Society Engagement in Regional Counter-Terrorism Measures
Civil society organisations hold a pivotal role in countering terrorism, specifically in preventing and addressing the conditions conducive to terrorism, as well as in monitoring and remedying human rights violations. Accordingly, civil society engagement enhances the effectiveness, transparency, and legitimacy of counter-terrorism policies, thereby limiting the misuse of such measures and building public confidence and security cooperation.
Within regional organisations, counter-terrorism responsibilities are not confined to specialised bodies but include a variety of actors from political entities and inter-governmental organs, to human rights and oversight mechanisms. For this reason, civil society engagement should be proportionate to the actors involved and the interests at stake to ensure clear and centralised information about civil society entry points throughout the planning, implementation, and evaluation of counter-terrorism policies.
The African Union, Organisations of American States (OAS), and the European Union (EU) have successfully created standards and processes integrated into legal frameworks and policies for civil society engagement. Within this framework, the European Commission’s “Better Regulation” initiative symbolises a crucial step to facilitate civil society inclusion and human rights compliance by enabling CSOs to provide feedback on draft laws and publish summaries of submissions.
Despite harmonisation advancements, while regional organisations may endorse civil society involvement, significant inconsistencies exist in their engagement processes. In the African Union and the Association of Southeast Asian Nations (ASEAN) informal channels enable CSOs engagement when formal structures are lacking. Nevertheless, these discretionary practices mostly favour Non-Governmental Organisations (NGOs), limiting access to grassroots organisations.
Civil society engagement faces its greatest restrictions in high-level political fora as well as on top-priority security hazards, including counter-terrorism efforts. While some African countries demonstrate positive engagement between counter-terrorism entities and COS, other States significantly confine civil society engagement. Within the League of Arab States (LAS), CSOs lack participation rights at summits. High-level meetings and agendas on Arab Counter-Terrorism Strategies are closed to the public and documents remain undisclosed, significantly undermining CSOs’ engagement.
When engagement is possible, many CSOs are reluctant to actively engage in counter-terrorism discussions as they perceive processes to be flawed and symbolic, lacking genuine impact. Late consultations and a general perception of CSOs as dissenters contribute to this reluctance.
While some regional organisations have developed protective procedures for civil society engagement, the latter have not been sufficiently and comprehensively implemented, undermining CSOs’ independence and leaving their voices on counterterrorism measures vulnerable to State repression.
Regional Counter-Terrorism Sanctions
The majority of regional organisations, unlike the European Union, have not created nor published specific lists of individuals or entities involved in terrorist activities for sanction purposes such as travel bans or asset freezes. Conversely, the EU mandates its Member States to establish such lists, actively identifying and sanctioning actors involved in terrorism. Sanctions are influenced by human rights considerations. They typically include arms embargoes, asset freezes, and travel bans. In 2023, a humanitarian exemption was established, reflecting an awareness of the potential impact of sanctions on civilians.
The Special Rapporteur urged caution concerning the use of regional sanctions against individual terrorists or terrorist organisations. Despite current efforts to implement targeted counter-terrorism sanctions, concerns about human rights and freedoms persist. The lack of a common understanding and definition of terrorism may lead to potential abuses or misuse of counter-terrorism sanctions. Moreover, the absence of an EU-wide standard for listing individuals raises questions concerning the fairness and consistency of sanctions.
The process for a State to list an individual or group as a terrorist is relatively straightforward, requiring either an ongoing investigation, credible evidence of involvement in a terrorist act, or a commendation of such conduct. Conversely, the standards for proof and assessment remain vague, inconsistent, and undermined by States’ strategic interests. Moreover, as the listing and delisting processes of individuals or groups as terrorists are both initiated by the Council, this raises concerns about impartiality. Unlike the United Nations system, the European Union lacks an independent actor to oversee and review counter-terrorism sanctions.
Mr. Saul stressed that sanctions must adhere to human rights law and underlined the practice of international standards due to the significant risks of misuse that could negatively affect human rights defenders, civil society actors, journalists, and political activists. He reiterated imposing restrictive measures based on necessity and proportionality to ensure fairness and strict due process, avoiding automatic or indiscriminate use.
Regional Military Activities to Counter Terrorism
Since the 9/11 terrorist attacks, regional organisations have increasingly cooperated with the military to prevent and combat terrorist acts through non-kinetic activities, intelligence-sharing, capacity-building, and joint training activities. The Special Rapporteur highlighted positive practices within the African Union, European Union, and the North Atlantic Treaty Organization (NATO).
The NATO Member States hold the most active counter-terrorism agenda among other international organisations. Since 1999, and particularly after the adoption of the Strategic Compass in 2022, NATO recognised terrorism as a top-priority in its security agenda. Its 2024 Counter-Terrorism Policy Guidelines focus on three pillars: increasing threat awareness; improving military capabilities and civil response preparedness; and engagement with partners and international States. In its counter-terrorist agenda, NATO lacks an explicit definition of terrorism, yet its approach is committed to respect international law and implements its “human security agenda”, ensuring civilian protection and preventing human trafficking and sexual violence.
Nevertheless, NATO’s counter-terrorism operations face significant IHL and Human Rights Law shortcomings. Since each State party interprets and applies its own legal frameworks, this leads to inconsistencies and disagreements over rules of conduct, definitions of military objectives, and human rights protections. Moreover, NATO asserts that it is not bound by Humanitarian and Human Rights Law due to its non-State actor status. However, it is widely accepted that NATO is accountable under customary international law. Lastly, NATO’s civil-military stabilisation efforts have raised impartiality and neutrality concerns among humanitarian agencies as strategic goals often precede humanitarian needs.
While the EU’s Common Defense and Security Policy is not primarily focused on countering terrorism, the Union has carried out various non-combat military training missions in terrorism-impacted regions as Mali, Somalia, Iraq, Mozambique, and Niger. Moreover, in 2024, the EU introduced the EU Human Rights and International Humanitarian Law Due Diligence Policy (EU HRDDP) on security sector support to third parties to ensure compliance with human rights standards, risk assessment measures, accountability, and monitoring.
Despite these positive steps, the EU’s military missions have been criticised for a lack of sufficient integration of human rights considerations. There have been instances where assistance, including arms, was sent to States with poor human rights records, perpetuating cycles of violence and impunity. Moreover, decision-making behind EU missions lacks transparency, oversight, and accountability, revealing the strategic interests behind EU-led missions and a lack of systemic evaluation to enhance future operations.
The report further urged regional military cooperation in countering terrorism to comply with IHL. The Special Rapporteur stressed adherence to the prohibition on the use of force and the independent investigation of alleged violations to offer adequate reparations. Moreover, Mr. Paul emphasised that missions must address the root causes of conflicts, including human rights abuses and poor governance, while supporting peacebuilding and reconciliation efforts.
African regional and sub-regional organisations hold a pivotal role in counter-terrorism military operations. The African Union has led several missions in Somalia, while other regional bodies such as the Economic Community of West African States (ECOWAS) and the Southern African Development Community (SADC) have respectively operated in Gambia and Mozambique. Additionally, coalitions as the Multinational Joint Task Force in the Lake Chad area and the G5 Sahel Joint Force have emerged, yet their efforts are undermined by national political instability.
African-led counter-terrorism operations have greater political legitimacy and awareness of local contexts vis-à-vis missions led by other international entities. However, this does not exclude possible human rights breaches as some concerns over human rights protection were raised over some African-led missions such as the African Union Mission in Somalia (AMISOM) forces in Somalia.
In response, the African Union enhanced its adherence to humanitarian law by implementing policies to restrict the use of heavy weaponry in highly populated areas and improve peace building over issues of sexual exploitation and child abuse. In 2018, the African Union implemented its Policy on Conduct and Discipline for Peace Support Operations, which identifies abuses by military personnel as serious misconduct.
Key Recommendations
In his report, the Special Rapporteur urgently called for immediate action and urgent measures to uphold human rights while countering terrorism. Specifically, concerning civil society engagement, his main recommendations were:
- for regional organisations to facilitate regular, transparent, inclusive, and meaningful CSO engagement in counter-terrorism efforts, including military operations, through clear, accessible, and multilingual information on engagement processes;
- for regional organisations to provide funding and administrative support for COS participation, including travel and visa facilitation, as well as protection from reprisals by States or actors;
- for Member States of regional organisations to promote and fund CSO engagement in regional organisations while ensuring that counter-terrorism laws do not restrict CSO activities or humanitarian work;
- for the United Nations to ensure that civil society participation is a prerequisite for cooperation with regional organisations; and
- for civil society organisations to deepen engagement with regional organisations through improved coordination and promotion of local groups’ participation.
Concerning regional counter-terrorism sanctions, the Special Rapporteur called for regional organisations to:
- base listing and sanctions on clear legislative criteria and consistent definitions of terrorism in line with IHL, excluding peaceful protests, humanitarian aid, and lawful military activities, thereby limiting threats to civilians or security;
- consult independent regional human rights bodies before creating the lists, ensuring restrictive measures are necessary and appropriate and regularly reviewed; and
- ensure due process, including notification, independent review, legal access, time limits, and effective remedies.
Lastly, on regional military activities to counter terrorism, Mr. Saul recommended regional organisations:
- to avoid unlawful military operations, thus strictly adhering to Humanitarian and Human Rights Law and compliance across all mission mandates and procedures;
- to assess and mitigate risks through transparent evaluations of Human Rights and Humanitarian Law impacts before military actions and through pre-deployment training on Humanitarian Law and monitoring of military activities;
- to investigate civilian harm and legal violations independently, enforcing accountability and compensation or assistance to affected civilians;
- regional organisations to follow best practices in arms trade regulation, establish clear policies on civilian protection, and integrate humanitarian policing and governance into military missions;
- to facilitate strategic negotiations with armed groups, supporting disarmament, demobilisation, and reintegration; and
- to the United Nations - to ensure that the authorisation of and funding for regional missions comply with human rights and Human Rights Due Diligence Policy (HRDDP).
Interactive Dialogue
Opening Statements
The Special Rapporteur, Mr. Ben Saul, opened the session by introducing his report and focusing on the role of regional organisations in protecting human rights while countering terrorism. Mr. Saul emphasised that these organisations should neither undermine civil and political freedoms nor impede economic and social rights, but they must instead leverage their resources to influence and strengthen human rights protections among Member States.
Mr. Saul presented the three key areas of concern outlined in his report. Firstly, he focused on enhancing civil society engagement in counter-terrorism efforts to enhance transparency, legitimacy, and effectiveness of counterterrorism measures and build public confidence and security cooperation.
Secondly, the Special Rapporteur urged caution concerning the use of regional sanctions against individual terrorists or terrorist organisations, stressing that these restrictive measures must adhere to human rights law and best practice international standards. He warned against the misuse of sanctions to target human rights defenders, civil society actors, journalists, and political activists. Additionally, Mr. Saul reiterated the imposition of restrictive measures based on necessity and proportionality to avoid automatic or indiscriminate application.
Lastly, the Special Rapporteur addressed regional military cooperation in countering terrorism, underscoring the necessity to adhere to international law in military operations. While Mr. Saul acknowledged positive practices in the African Union, the EU, and NATO, he stressed the prohibition of using force as defined by the International Court of Justice during these operations. He urged international organisations and States to establish robust and rigorous compliance mechanisms, independent investigations, transparency, and reparations.
Following the presentation of his report, Mr. Saul presented his findings from his country visits to Benin in November 2024, commending the government of Benin’s comprehensive counterterrorism strategy. Accordingly, the Special Rapporteur acknowledged Benin’s balance between security measures and human rights protection by promoting the development of marginalised groups, improved access to basic services, and mutual trust between security forces and local communities.
Mr. Saul also provided Benin with several recommendations for improvement. He encouraged Benin to redefine and narrow its definition of terrorism to encompass only acts that are inherently terrorist according to best practice international standards. The Special Rapporteur further urged Benin to accelerate its existing efforts to address serious prison overcrowding and ensure detention conditions are humane according to international standards while strengthening oversight and accountability mechanisms relevant to countering terrorism.
Participating Countries
The representative of the concerned country Benin, Mr. Angelo Dan, thanked the Special Rapporteur’s visit to the country and echoed the report’s findings by emphasising the country’s steadfast commitment to human rights and its proactive cooperation with United Nations mechanisms. Mr. Dan reiterated Benin’s efforts to counter terrorist threats from the Sahel region, underscoring recent positive practices in strengthening the rule of law and socio-economic developments as key pillars to safeguard human rights amid security hazards.
The representative of the European Union, Ms. Jana Micova, reiterated the importance of States to cooperate and accept country visit requests by the Special Rapporteur. Ms. Micova highlighted the engagement with civil society organisations as a crucial element of the EU’s policy to prevent and counter terrorism, underscoring the European Commission’s better regulation guidelines as a model practice. Ms. Micova cited the recent adoption of the human rights and the international humanitarian law due diligence policy, together with the Brussels memorandum on oversight and accountability, as a concrete symbol of the EU’s commitment to ensure transparency in its counterterrorism measures.
The Ambassador of Lithuania, Mr. Darius Staniulis, spoke on behalf of the northern Baltic States and expressed concerns about the use of counter-terrorism policies as a cover to repress and silence civil society activities. He described these practices as unacceptable and as violating International Human Rights Law, calling for accountability and equal participation of civil society in decision-making at all levels.
The representative of Ghana, Ms. Akosua Okyere-Badoo, speaking on behalf of the Group of African States (African Group), firmly condemned terrorism in all its forms and manifestations and called for a unified and coherent response at all levels. Stressing the primacy of national responsibility for citizen security, Ghana welcomed the review of the United Nations Counterterrorism Strategy in 2023. The representative called for bolstered capacities, operational support, and public awareness initiatives to foster a coherent and rights-respecting counterterrorism framework. Ms. Okyere-Badoo concluded her intervention by reiterating the Group of African States’ firm commitment to eradicate the root causes of terrorism within Africa and beyond.
The Ambassador of Venezuela, Mr. Alexander Gabriel Yánez Deleuze, took the floor to speak on behalf of the Group of Friends in Defence of the United Nations Charter. The Ambassador expressed the Group’s strong condemnation of the unjustified inclusion of Cuba on the arbitrary illegal and unilateral list of States alleged to sponsor terrorism drafted by the United States. He defined the list as non-transparent and damaging to Cuba’s economy as it exacerbates the humanitarian crisis affecting the Cuban people. Mr. Deleuze urged the removal of Cuba from the list and he firmly rejected the political manipulation of counterterrorism efforts. He concluded by calling on the United States to immediately and unconditionally end the embargo and uphold the human rights of the Cuban people.
The representative of Jordan, Mr. Belal Hazaimeh, speaking on behalf of a group of Arab States (Arab Group) stressed the Group’s pivotal role as a regional organisation in crafting effective legal frameworks to combat terrorism. Mr. Hazaimeh highlighted the Arab Group’s adoption of national measures to respond to terrorist acts in line with human rights law. He stressed the importance of inter-Arab cooperation through conferences and workshops assisted by the United Nations and other international organisations.
The representative of Türkiye, Mr. Burak Akçapar, took the floor by clarifying that the country’s counterterrorism operations are strictly non-combat and predominantly civilian-led. Moreover, Mr. Akçapar emphasised decades of experience addressing multiple terrorist threats and reaffirmed Türkiye’s unwavering adherence to international human rights standards and democratic values. As a result of the country’s commitment to eradicate terrorism, Mr. Akçapar argued that the Kurdistan Workers’ Party (PKK)’s terrorist activities are ineffective.
The representative of Switzerland, Ms. Laura Pizzoferrato, expressed appreciation for the Special Rapporteur’s recommendations, especially those aimed at enhancing civil society engagement considering Switzerland’s prospects for the presidency of OSCE in 2026. Ms. Pizzoferrato underscored the importance of transparent and active dialogue between security institutions and civil society, affirming Switzerland’s support for the annual study of the Global Center on Cooperative Security on sustainable cooperation between civil society involved in fighting terrorism.
The representative of Malawi, Mr. Joseph Tukula, provided a comprehensive overview of the government’s counterterrorism efforts such as the adoption of a robust counterterrorism legislative framework in 2022 and the amendment of its Penal Code to criminalise terrorist acts and extend jurisdiction over extraterritorial offenses. Mr. Tukula further explained the establishment of a special Law Commission to develop a comprehensive registration to counter terrorist acts. The representative concluded his intervention by welcoming the Special Rapporteur’s recommendation to strike a balance between countering terrorism and safeguarding human rights and civil liberties.
The representative of South Africa, Ms. Kedibone Ramatsa, took the floor by thanking and appreciating the Special Rapporteur’s recognition of the African Group’s initiatives to combat terrorism. Ms. Ramatsa stressed that effective counter-terrorism measures must address not only immediate security concerns but also the root and underlying socio-economic inequities that fuel radicalisation. She deplored the weaponisation of anti-terrorism measures to silence critics and suppress those involved in legitimate struggles and reiterated instead the right to self-determination.
The representative of the Islamic Republic of Iran, Ms. Elhameh Paydar, highlighted the severe humanitarian consequences of economic sanctions and politically motivated counterterrorism measures. Emphasising the deploring effects and human rights violations of US economic terrorism against Iran, she expressed concerns about the instability in the region. Ms. Paydar called for responsibility from government and international institutions, urging them to rise above selective and politically motivated responses and advocating for a comprehensive, technology-aware strategy that safeguards human rights in the fight against terrorism.
The representative of the State of Palestine, Ms. Dima Asfour, started her intervention by strongly condemning Israel’s illegal and systematic violence, and terrorist acts against the Palestinian people as part of its colonial project from land expropriation to forcibly displacement, demolition of all infrastructure and the abduction of Palestinian children. Ms. Asfour deplored Israel’s designation of organisations advocating for accountability as terrorist entities and denounced the ongoing military assault on Gaza as the latest manifestation of state terrorism. The representative expressed deep concern over the international community’s failure to hold Israel accountable, arguing that instead of condemning State terrorism, some entities continue to blame and punish those resisting oppression. Ms. Asfour concluded by calling on all States to fulfil their legal obligations and end Israel’s occupation, upholding international law principles and restoring the integrity of the legal framework designed to prevent and punish atrocity crimes.
The representative of the Russian Federation, Mr. Stanislas Kovpak, reaffirmed Russia’s long-standing commitment to strengthening international cooperation in the fight against terrorism, emphasising the central and coordinating role of the United Nations in this endeavour. Mr. Kovpak stressed that counter-terrorism measures must adhere to international law, particularly the principles of state sovereignty, non-interference in domestic affairs, and the primary responsibility of States in combating terrorism and extremism within their own territories. Accordingly, the representative underscored the necessity of maintaining a clear division of responsibilities among UN organs and mechanisms to prevent redundancy and inefficiency in addressing the complex challenges of counterterrorism. He called on the special rapporteur to consider this structured approach in his future work, particularly when engaging in joint declarations that extend beyond his mandated scope.
The representative of China, Mr. Xie Cheng, expressed his support for the Special Rapporteur’s efforts and his recommendations to strengthen dialogue and cooperation as terrorism is a common enemy of mankind threatening international peace and security while gravely impacting human rights. Mr. Cheng underscored China’s respect for and protection of human rights as a basic principle of counterterrorism, integrating a balanced approach combining harsh punishment of terrorism with the protection of citizens’ basic rights and social order. The delegate emphasised that China’s counterterrorism policies integrate decisive measures against terrorism while safeguarding the dignity and legal rights of suspects, defendants, and offenders. These safeguards include ensuring due process, access to legal defense, and judicial oversight. He further asserted that China’s policies are shaped by both domestic realities and international counterterrorism norms, yielding effective results.
The representative of Bangladesh, Mr. Tanvir Ahmed, thanked the Special Rapporteur’s essential work to ensure the full respect of human rights and fundamental freedoms while countering terrorism. Mr. Ahmed reaffirmed Bangladesh’s firm stance against terrorism and violent extremism, highlighting its zero-tolerance policy towards these security threats. As part of all major international counter-terrorism instruments, the representative outlined Bangladesh’s national counter-terrorism strategy structured around four key pillars: addressing the underlying conditions behind radicalisation, implementing prevention measures, strengthening capacity-building initiatives, and upholding human rights and the rule of law, in line with the UN Global Counter-terrorism Strategy. Mr. Ahmed stressed the importance of tackling non-traditional security risks such as corruption, transnational organised crime, drug trafficking, human trafficking, money laundering, and terrorism financing. To this end, the country has enacted robust legal mechanisms to counter these threats and strengthen criminal justice responses.
Concluding Remarks
For the concluding remarks of the interactive dialogue, Mr. Saul reflected on the broader international landscape and expressed concerns over the erosion of international norms and institutions. He highlighted the threats posed by aggressive uses of force, illegal annexations of foreign territory, and complicity in international crimes by those who arm, finance, and politically shield perpetrators.
Mr. Saul addressed the situation in Palestine by condemning the ongoing political failure to take measures against the serious violations and Israel’s impunity, stating that this negligence has trapped the region and the Palestinians in an endless cycle of suffering and vengeance.
Lastly, the Special Rapporteur concluded by urging the international community to reject bilateral deals and coercion by powerful States and reaffirmed the importance of collective action and accountability in preserving human rights while countering terrorism.
Position of Geneva International Centre for Justice
Geneva International Centre for Justice (GICJ) strongly supports the Special Rapporteur’s report on promoting and protecting human rights and fundamental freedoms while countering terrorism. GICJ commends the Special Rapporteur’s call for regional organisations to engage meaningfully with civil society in counterterrorism efforts. GICJ firmly condemns all acts of terrorism as unjustifiable and urges regional organisations, national governments, and international organisations to adopt policies that integrate human rights protections, engage civil society in decision-making, and address the root causes of terrorism.
GICJ asks governments to understand and address the root causes of terrorism and adopt thorough measures to protect victims. We call on nations to establish a worldwide rule of law to marginalise terrorism and terrorist acts in line with international human rights, refugee, and humanitarian law. Only by doing this, we ensure that counterterrorism measures contribute to lasting peace, security, and justice.
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[2] https://digitallibrary.un.org/record/448051?v=pdf#files
[3] https://www.refworld.org/legal/resolution/unchr/2005/en/36001
[4] https://docs.un.org/en/A/HRC/RES/49/10
[5] https://docs.un.org/en/A/79/324
