Chair,
The International Committee of the Red Cross (ICRC) unequivocally condemns all acts of terrorism, whether in times of armed conflict or not, and regardless of the perpetrators. Terrorism is prohibited under international humanitarian law (IHL).
Acts or threats of violence whose primary purpose is to spread terror among civilians are prohibited. These prohibitions apply equally to all parties to armed conflict, State and non-State alike.
Terrorism violates IHL and negates the basic principle of humanity.
The ICRC has repeatedly recalled the prohibition on terrorizing the civilian population, both in public statements and in its confidential bilateral dialogue with parties to armed conflict.
Chair,
The ICRC recognizes the legitimacy for States to take responsive action, in conformity with international law, to counter terrorism and ensure their security and that of their population.
At the same time, we recall that the rules of international humanitarian law – where applicable – are relevant regardless of whether a situation is considered to be related to terrorism.
The IHL conditions for determining the existence of an armed conflict are irrespective of any terrorist label placed on a particular act or actor.
The existence of an armed conflict must be determined solely on the basis of facts and legal criteria established in IHL, and the IHL rules governing the conduct of hostilities must only be applied in armed conflict, not in other situations of violence.
Furthermore, we continue to observe instances where counter-terrorism (or “CT”) measures restrict humanitarian action. A risk exists when humanitarian activities conducted by impartial humanitarian organizations such as the ICRC, may be interpreted as a form of support to terrorism. This may result in the criminalization of humanitarian activities which are foreseen, authorized and protected under IHL.
Impartial humanitarian organizations must be able to carry out such activities, which include, for example the delivery of food assistance to civilians, the delivery of essential services such as water or electricity to the civilian population, providing medical supplies and treatment for the wounded and sick, visiting people deprived of their liberty, reuniting families, and training parties to armed conflict on their obligations under IHL.
Criminalization of such activities is also in clear contradiction with States’ obligation under IHL to respect and protect humanitarian personnel, as recalled in UN Security Council resolution 2730 (2024).
Signatories of the 2024 Declaration on the Protection of Humanitarian Personnel have committed to implement measures to allow and facilitate humanitarian access without administrative or criminal burden.
The Security Council and the General Assembly have both urged States to ensure that their counter-terrorism frameworks do not impede humanitarian and medical activities or engagement with all relevant actors as foreseen by IHL.
They have also demanded that States ensure that all measures taken to counter terrorism comply with their obligations under international law, including IHL.
In the view of the ICRC, the most effective way to reconcile counter-terrorism obligations with IHL and preserve humanitarian activities is to adopt well-framed and standing exemptions excluding exclusively humanitarian activities undertaken by impartial humanitarian organizations from the scope of CT measures, notably terrorism-related criminal offences.
Some UN Member States have already adopted such measures, and we encourage others to examine their domestic regulations in this light and make the necessary amendments to fully protect impartial humanitarian action. The ICRC stands ready to support States in this regard.
Chair,
The ICRC looks forward to continued discussions with States and with UN bodies in order to further consider the relationship between counter-terrorism measures and international humanitarian law.
Thank you.
