The Interrelationship Between Counter-terrorism Frameworks and International Humanitarian Law

Abstract
The present study aims to explore the intersection between counter-terrorism frameworks and international humanitarian law with the aim of looking into existing practices, challenges, and policy options for States to implement counterterrorism measures in compliance with international humanitarian law. It does not propose to provide an exhaustive analysis of the issues addressed, but rather intends to help strengthen counter-terrorism stakeholders’ understanding of the interrelationship between counter-terrorism norms and standards and international humanitarian law, serve as a basis for discussion, and illustrate the issues that will need to be comprehensively addressed by Member States at the domestic level. CTED will build on the present analysis with the aim of supporting the Committee’s work to promote the implementation of the relevant Security Council resolutions in accordance with international humanitarian law. The study maps the references to international humanitarian law contained in Council resolutions addressing threats to international peace and security caused by terrorist acts. Based on this mapping, the study explores two pertinent issues repeatedly addressed in the relevant resolutions: (i) the impact of counter-terrorism measures on humanitarian action carried out in armed conflict contexts in a manner consistent with international law; and (ii) the linkages between terrorism and serious violations of international humanitarian law, with a view to promoting comprehensive accountability for terrorist conduct.