Misuse of terrorism laws during conflict creates ‘unmitigated calamity’

16 October 2020

The misuse of terrorism laws during conflict situations often leads to an “unmitigated calamity” on the ground, an independent UN expert has warned. 

Fionnuala Ní Aoláin, UN Special Rapporteur on the promotion and protection of human rights while countering terrorism, told the General Assembly on Thursday that what are being billed by some governments as counter-terrorism measures, are being applied frequently to address domestic strife and in complex humanitarian settings.

In these cases, they can have a catastrophic impact on civilian populations, she said, which are being “squeezed by broadly framed terrorism laws and practices with little or no recourse, when misuse occurs”.

Protecting rights, enforcing norms

The independent expert identified a “profoundly” worrying pattern whereby some States are ignoring or undermining humanitarian rules because counter-terrorism “offers a more open-ended, under-regulated and opaque set of tools”, to manage complex problems.

Her report tracks the essential relationship between protecting the human rights of the most vulnerable – including the elderly and children – in complex and fragile settings and enforcing basic humanitarian norms, including providing humanitarian assistance.

“I am profoundly troubled by the failure to apply humanitarian exemptions for activities that are humanitarian and impartial in nature”, said Ms. Ní Aoláin. 

“Such short-sighted tactics of withholding or criminalizing humanitarian assistance only prolongs conflicts, alienates those who are needed to ultimately resolve such conflicts, and hurts the most marginal in society”.

Affirm compliance

In her report, the Special Rapporteur acknowledged the Security Council’s “persistent and unequivocal affirmation” that counter-terrorism measures must “always and fully” comply with the overarching norms of international human rights law, international humanitarian law and refugee law.

She called on States to review existing sanctions systems to make sure that they are rule of law-compliant and provide “meaningful opportunity to challenge, review and end sanctions practices for affected individuals and their families”.

The UN envoy also applauded the work of impartial humanitarian actors, who carry out their duties in extreme conditions and under significant stress to protect the vulnerable. 

“The challenge now for States is to acknowledge and protect these actors effectively”, she spelled out. 

 

♦ Receive daily updates directly in your inbox - Subscribe here to a topic.
♦ Download the UN News app for your iOS or Android devices.

News Tracker: Past Stories on This Issue

International community must unite, or be crushed by chaos, warns UN chief

The UN Secretary-General on Thursday made an unequivocal case for strengthening multilateralism and building trust among the countries of the world in the face of the devastating coronavirus pandemic, which has exposed gaps on multiple fronts. 

UN and partners promote sport as a tool to prevent violent extremism

Ambassadors, senior UN officials, representatives of global sports organizations, and managers of some of the world’s top athletes met virtually on Friday to underline the role that sport can play in combating violent extremism and radicalization.