International Standards on the Promotion and Protection of Human Rights and Fundamental Freedoms while Countering Terrorism

The counter-terrorism legal regime comprises overlapping bodies of legal norms and systems, including international human rights, humanitarian, refugee, and international criminal law. When designing, implementing and assessing counter-terrorism measures, States must always fully comply with their customary and treaty obligations under these legal regimes.

Listed below are the treaties, conventions, resolutions, and other legal instruments that form the basis for these obligations, categorized by source and by thematic area.

Relevant Legal Instruments Categorized by Source

Sectoral Counter-Terrorism Conventions and Protocols
Under the auspices of the United Nations, the international community has adopted 19 conventions and protocols to prevent certain enumerated terrorist acts, categorized by sector below.

• Internationally Protected Persons
  • Convention on the Prevention and Punishment of Crimes Against Internationally Protected Persons (1973)
• Taking of Hostages
  • International Convention against the Taking of Hostages (1979)
• Terrorist Bombings
  • International Convention for the Suppression of Terrorist Bombings (1997)
• Financing of Terrorism
  • International Convention for the Suppression of the Financing of Terrorism (1999)
• Civil Aviation
  • Convention on Offences and Certain Other Acts Committed on Board Aircraft (1963)
  • Convention for the Suppression of Unlawful Seizure of Aircraft (1970)
  • Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation (1971)
  • Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation, supplementary to the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation (1988)
  • Convention on the Suppression of Unlawful Acts Relating to International Civil Aviation (2010)
  • Protocol Supplementary to the Convention for the Suppression of Unlawful Seizure of Aircraft (2010)
  • Protocol to the Convention on Offences and Certain other Acts Committed on Board Aircraft (2014)
• Nuclear Material and Nuclear Terrorism
  • Convention on the Physical Protection of Nuclear Material (1980)
  • Amendment to the Convention on the Physical Protection of Nuclear Material (2005)
  • International Convention for the Suppression of Acts of Nuclear Terrorism (2005)
• Explosive Materials
  • Convention on the Marking of Plastic Explosives for the Purpose of Detection (1991)
• Maritime Navigation
  • Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation (1988)
  • Protocol to the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation (2005)
  • Protocol for the Suppression of Unlawful Acts Against the Safety of Fixed Platforms Located on the Continental Shelf (1988)
  • Protocol to the Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms Located on the Continental Shelf (2005)

Human Rights Treaties
Since the adoption of the Universal Declaration of Human Rights, the international community has adopted more than seventy human rights treaties. The following core human rights treaties and protocols are of particular relevance in the counter-terrorism space.

• International Human Rights Treaties and Protocols
  • International Covenant on Civil and Political Rights and Optional Protocols (1966, 1966, 1986)
  • International Covenant on Economic, Social and Cultural Rights and Optional Protocol (1966, 2008)
  • International Convention on the Elimination of All Forms of Racial Discrimination (1965)
  • Convention on the Elimination of All Forms of Discrimination against Women and its Optional Protocol (1979, 1999)
  • Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment and its Optional Protocol (1984, 2002)
  • Convention on the Rights of the Child and its Optional Protocols (1989, 2000, 2011)
  • International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (1990)
  • International Convention for the Protection of All Persons from Enforced Disappearance (1992)
  • Convention on the Rights of Persons with Disabilities and its Optional Protocol (2006)
• General Comments and Recommendations: Human rights treaty bodies publish interpretations of the provisions of its respective human rights treaty in the form of “general comments” or “general recommendations” (compiled here). The following general comments adopted by the Human Rights Committee frequently arise in the counter-terrorism context.
  • General Comment No. 8 (Right to liberty and security of persons)
  • General Comment No. 13 (Administration of justice)
  • General Comment No. 16 (Right to privacy)
  • General Comment No. 18 (Non-discrimination)
  • General Comment No. 20 (Prohibition of torture or other cruel, inhuman or degrading treatment or punishment)
  • General Comment No. 21 (Human treatment of persons deprived of liberty)
  • General Comment No. 27 (Freedom of movement)
  • General Comment No. 29 (Derogation during state of emergency)
  • General Comment No. 34 (freedom of opinion and expression)
• Regional Human Rights Treaties: States may also have treaty obligations stemming from regional human rights instruments, including the below.
  • European Convention for the Protection of Human Rights and Fundamental Freedoms (1950)
  • American Convention on Human Rights (1969)
  • African Charter on Human and Peoples’ Rights (1981)
  • Arab Charter on Human Rights (2004)
  • European Union Charter of Fundamental Rights and Freedoms (2012)

Humanitarian Law Conventions and Protocols
International humanitarian law contains several provisions that expressly prohibit acts of terrorism or otherwise implicate counter-terrorism efforts, including the below. While international humanitarian law pertains to situations of armed conflict, international human rights law is applicable at all times and to all persons.

• Geneva Convention (IV) on Civilians (1949), article 33
• Geneva Conventions, common article 3
• Additional Protocol I (1977), articles 5(2), 13, 56
• Additional Protocol II, articles 4(2), 13(2)

Refugee Law Convention and Protocol
States are obligated to enforce minimum protections provided under international refugee law, including the principle of non-refoulement, including pursuant to the below instruments.

• Convention relating to the Status of Refugees and its Protocol (1951, 1967)

United Nations Resolutions
The UN General Assembly adopted by consensus the United Nations Global Counter-Terrorism Strategy (General Assembly Resolution 60/288 ) on 8 September 2006. The General Assembly reviews the Strategy every two years, making it a living document attuned to Member States’ counter-terrorism priorities. The seventh review resolution was adopted on 30 June 2021.

In addition, State obligations stem from the following Security Council, General Assembly, and Human Rights Council resolutions.

• Security Council Resolutions
  • Security Council Resolution 1267 (1999) (sanctions)
  • Security Council Resolution 1333 (2000) (sanctions)
  • Security Council Resolution 1373 (2001) (terrorist acts; terrorism financing)
  • Security Council Resolution 1390 (2002) (sanctions)
  • Security Council Resolution 1455 (2003) (sanctions)
  • Security Council Resolution 1456 (2003) (ministerial declaration to combat terrorism)
  • Security Council Resolution 1526 (2004) (sanctions)
  • Security Council Resolution 1540 (2004) (nuclear, chemical, or biological weapons)
  • Security Council Resolution 1566 (2004) (definition of “terrorism”)
  • Security Council Resolution 1617 (2005) (sanctions; definition of “associated with”)
  • Security Council Resolution 1624 (2005) (border security; incitement)
  • Security Council Resolution 1735 (2006) (sanctions)
  • Security Council Resolution 1822 (2008) (sanctions)
  • Security Council Resolution 1989 (2011) (sanctions)
  • Security Council Resolution 2133 (2014)
  • Security Council Resolution 2178 (2014) (foreign terrorist fighters)
  • Security Council Resolution 2195 (2014) (financing of terrorism)
  • Security Council Resolution 2199 (2015) (sanctions)  
  • Security Council Resolution 2242 (2015) (gender-based approach)
  • Security Council Resolution 2253 (2015) (sanctions)  
  • Security Council Resolution 2322 (2016) (foreign terrorist fighters)
  • Security Council Resolution 2331 (2016) (human trafficking)
  • Security Council Resolution 2341 (2017) (critical infrastructure)
  • Security Council Resolution 2354 (2017) (incitement; violent extremism)
  • Security Council Resolution 2368 (2017) (sanctions)
  • Security Council Resolution 2370 (2017) (weapons)
  • Security Council Resolution 2395 (2017) (CTED mandate renewal)
  • Security Council Resolution 2396 (2017) (foreign terrorist fighters)
  • Security Council Resolution 2462 (2019) (financing of terrorism)

• General Assembly Resolutions
  • Declaration on Measures to Eliminate International Terrorism, General Assembly Resolution 49/60 (1995)
  • General Assembly Resolution 51/210 (1996) (ad hoc committee to draft international conventions for the suppression of terrorist bombings and subsequently, the suppression of acts of nuclear terrorism)
  • General Assembly Resolution 72/123 (2017) (measures to eliminate terrorism)
  • General Assembly Resolution 72/180 (2018) (protection of human rights while countering terrorism)
  • General Assembly Resolution 72/284 (2018) (global counterterrorism strategy review)
  • General Assembly Resolution 73/174 (2019) (terrorism and human rights)
  • General Assembly Resolution 74/147 (2019) (terrorism and human rights)
  • General Assembly Resolution 75/291 (2021) (global counterterrorism strategy 7th review)

• Human Rights Council Resolutions
  • Human Rights Council Resolution 35/34 (2017) (protection of human rights while countering terrorism)
  • Human Rights Council Resolution 37/27 (2018) (terrorism and human rights)
  • Human Rights Council Resolution 42/18 (2019) (terrorism and human rights)
  • Human Rights Council Resolution 40/16 (2019) (Mandate renewal)
  • Human Rights Council Resolution 45/11 (2020) (terrorism and human rights)

Regional Counter-Terrorism Instruments

• European Convention on the Suppression of Terrorism (1977)
• European Convention on the Prevention of Terrorism and Additional Protocol (2005, 2015) [
• Council of Europe Framework Decision on Combating Terrorism and Amending Framework Decision (2008)
• Inter-American Convention against Terrorism (2002)
• OAS Convention to Prevent and Punish Acts of Terrorism Taking the Form of Crimes against Persons and Related Extortion that are of International Significance (1971)
• SAARC Regional Convention on Suppression of Terrorism (1987)
• Arab Convention on the Suppression of Terrorism (1988)
• Treaty on Cooperation among States Members of the Commonwealth of Independent States in Combating Terrorism (1999)
• Convention of the Organization of the Islamic Conference on Combating International Terrorism (1999)
• Organization of African Unity Convention on the Prevention and Combating of Terrorism (1999)
• ASEAN Convention on Counter Terrorism (2012)

Relevant Legal Instruments Categorized by Thematic Area

Foreign (Terrorist) Fighters

• ICCPR, arts. 24(3)
• 1961 Convention on the Reduction of Statelessness, art. 8(1)
• Human Rights Committee General Comment No. 27 (Freedom of movement)
• Security Council Resolution 2178 (2014) (foreign terrorist fighters)
• Security Council Resolution 2396 (2017) (foreign terrorist fighters)
• 2015 Madrid Guiding Principles and 2018 Addendum

Information and Communications Technologies

• ICCPR, art. 17
• Convention on the Rights of the Child, art. 16
• Wassenaar Arrangement on Export Controls for Conventional Arms and Dual-Use Goods and Technologies
• UN Guiding Principles on Business and Human Rights
• EU General Data Protection Regulation
• Council of Europe Convention for the Protection of Individuals with Regard to the Processing of Personal Data (Convention 108+), art. 6

Financing of Terrorism

• International Convention for the Suppression of the Financing of Terrorism (1999)
• ICCPR, arts. 19, 22
• Security Council Resolution 2178 (2014) (foreign terrorist fighters)
• Security Council Resolution 2195 (2014) (financing of terrorism)
• Security Council Resolution 2199 (2015) (sanctions)  
• Security Council Resolution 2253 (2015) (sanctions)  
• Security Council Resolution 2331 (2016) (human trafficking)
•  Security Council Resolution 2462 (2019) (financing of terrorism)

Victims of Terrorism

• ICCPR, art. 2
• General Assembly Resolution 72/165
• General Assembly Resolution 73/305
• Declaration on the Basic Principles of Justice for Victims of Crime and Abuse of Power, General Assembly Resolution 40/34 (1985)
• Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law, General Assembly Resolution 60/147 (2005)

Gender Equality

• Convention on the Elimination of All Forms of Discrimination against Women
• ICESCR, arts. 2, 3
• ICCPR, arts. 2, 3, 4, 26
• Yogyakarta Principles on the application of international human rights law in relation to sexual orientation and gender identity