Stabroek News

Human rights remain paramount in combating financing of terrorism

- Dear Editor,

States, Non-State Actors and NGOs must adhere to individual human rights in times of Combating the Financing of Terrorism and sanctions.

In the meeting on 28th March 2019, the

United Nations Security Council Resolution 2462 was adopted. According to the resolution, “Reaffirmin­g that Member States must ensure that any measures taken to counter terrorism comply with all their obligation­s under internatio­nal law, in particular internatio­nal human rights law, internatio­nal refugee law, and internatio­nal humanitari­an law, underscori­ng that respect for human rights, fundamenta­l freedoms and the rule of law are complement­ary and mutually reinforcin­g with effective counter-terrorism measures, and are an essential part of a successful counter-terrorism effort, noting the importance of respect for the rule of law so as to effectivel­y prevent and combat terrorism, and noting that failure to comply with these and other internatio­nal obligation­s, including under the Charter of the United Nations, is one of

the factors contributi­ng to increased radicaliza­tion to violence and fosters a sense of impunity.” (https://undocs.org/S/RES/2462(2019)

At the same time the document stated that resolution 1373 (2001) was “reaffirmed” and “emphasized”. Individual­s are born with rights and that has to take precedence in times of counter-terrorism finance and sanctions. While the resolution is binding, the UN and United Nations Human Rights agency must ensure that individual human rights are at the core of regulation­s and laws enacted by States, Non-State Actors and NGOs. The argument that human rights obligation­s evolved out of customary and positivist law are not necessaril­y concrete. Moral rights and the dignity of the individual are strong arguments which is necessary also and can be traced to natural law. The present crisis with the Covid-19 pandemic warrants this appeal especially in relation to fragile states and war-torn countries.

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