the obligations of States in enacting and implementing anti-terrorist legislation to make sure
such measures accord with international human rights, refugee and humanitarian law.150
The Advisory Council also notes that in the Co-Chair’s statement of 5 February 2004 from
the Bali Ministerial Regional Meeting on Counter-Terrorism it is recorded that:
Ministers agreed that the campaign against terrorism can only be won through comprehensive and balanced
measures in full conformity with the purposes and principles of the Charter of the United Nations and
international human rights covenants. 151
The obligation on States to act in conformity with international law, and in particular
international human rights law, is also recognised in some of the Conventions on Terrorism.
The Preamble to the Hostages Convention, for example, recognises ‘in particular that
everyone has the right to life, liberty and security of person, as set out in the Universal
Declaration of Human Rights and the International Covenant on Civil and Political Rights’.
Article 19 of the Terrorist Bombings Convention further stipulates that nothing in that
convention shall affect other rights, obligations and responsibilities of States and individuals
under international law, in particular the principles of the UN Charter and international
humanitarian law.
Article 18 of the Draft Terrorism Convention is in identical terms with an additional
paragraph providing that nothing in that article condones or makes lawful otherwise unlawful
acts or precludes prosecution under other laws. The preamble to the Draft Terrorism
Convention also records the necessity of respecting human rights and international
humanitarian law in the fight against terrorism.
1373 (2001), S/RES/1373 (2001), 28 September 2001; General Assembly Resolution 52/133, A/RES/52/133, 27
February 1998; General Assembly Resolution 54/164, A/RES/54/164, 24 February 2000.
150
S/RES/1456 (2003) “High-level meeting of the Security Council: Combating Terrorism”.
151
Of the Forum States, foreign ministers from Indonesia and Australia were the co-chairs of the meeting.
Other Forum attendees were Fiji, India, Malaysia, New Zealand, the Philippines, Republic of Korea and
Thailand. Further we note that the Leaders of the ASEAN States (Brunei Darussalam, Indonesia, Laos,
Malaysia, Myanmar, Philippines, Singapore, Thailand, and Vietnam) have also repeatedly expressed their
commitment to combating terrorism in accordance with the UN Charter and international obligations, including
respect for human rights. See “ASEAN Efforts to Combat Terrorism” (paper prepared for UN CounterTerrorism Committee), Joint Declaration on Co-operation to Combat Terrorism (14th ASEAN-EU Ministerial
Meeting, Brussels, 27-28 January 2003) and 2001 ASEAN Declaration on Joint Action to Counter Terrorism
(see www.aseansec.org).
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