counter-terrorism architecture within a larger international legal framework. Both the Security
Council and the General Assembly have reaffirmed
this in relevant counter-terrorism resolutions.23
Further, Pillar IV of the Global Counter-Terrorism
Strategy adopted by the General Assembly in
2006 stressed that all measures to prevent counter terrorism must be based on human rights
and the rule of law, and that effective counterterrorism measures and the protection of human rights are not conflicting goals, but are
rather complementary and mutually reinforcing.24
9.
In resolution 2396 (2017), the Security
Council called upon Member States “to assess
and investigate suspected individuals whom they
have reasonable grounds to believe are terrorists, including suspected foreign terrorist fighters
and their accompanying family members, including spouses and children, entering those Member
States’ territories; to develop and implement comprehensive risk assessments for those individuals;
and to take appropriate action, including by considering appropriate prosecution, rehabilitation,
and reintegration measures” and emphasizes that
Member States should ensure that they take all
such action in compliance with domestic and international law.25 Similarly, the General Assembly,
in its sixth review resolution of the Global Counter-Terrorism Strategy, called upon Member States
to develop and implement “prosecution, rehabilitation and reintegration strategies, taking into account gender and age dimensions” of returning
23 That is a point repeatedly made by the Security Council
in its resolutions concerning counter-terrorism. For example,
see preamble, paragraphs 4, 7, 13 and 34 of Security Council
resolution 2396 (2017).
24 General Assembly resolution 26/288, Global CounterTerrorism Strategy (2006).
25
Security Council resolution 2396 (2017), para. 29.
14.
“foreign terrorist fighters” and their families.26
10.
Significantly, both the Security Council and the General Assembly noted that children may be especially vulnerable and in need
of psychosocial support, such as post-trauma
counselling. Both bodies stressed that children need to be treated in a manner that
respects their rights and protects their dignity in
accordance with applicable international law.27
This echoes the Security Council resolution on
children and armed conflict, which stresses the
need to pay particular attention to the treatment
of children associated or allegedly associated
with armed groups who commit terrorist acts.28
11.
The United Nations Counter-Terrorism
Centre developed this Handbook as part of its
work under the Global Counter-Terrorism Strategy,
Pillar IV on human rights and the rule of law.29
Given that the erosion of the rule of law and
violation of human rights could be drivers of
terrorism, the Handbook also contributes to
Pillar I of the Global Counter-Terrorism Strategy
which address conditions conducive to terrorism.
Ensuring the rights of concerned children and
supporting families to rehabilitate and
reintegrate, rather than stigmatize them and leaving them to become greater security threats in the
long term, would contribute to addressing conditions conducive to terrorism.
26
General Assembly resolution 72/284 (2018), para. 39.
27 Security Council resolution 2396 (2017), pp.18; General
Assembly resolution 72/284 (2018), para. 39.
28 Security Council resolution 2427 (2018), para. 19.
29
General Assembly resolution 26/288 (2006).