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.
Yours sincerely,
Sharmini Rampersaud
Int.Adv.Cert (AML)
