|  27 ENGLISH PART 6 CRIMINALIZATION AND SANCTIONING OF TERRORISM A. Accountability: Individuals who engage in terrorism-related criminal activity may be prosecuted under domestic law and must be held criminally liable for serious human rights abuses, in particular, but not limited to, murder, torture, sexual violence, kidnapping and hostage taking, forced recruitment, war crimes, and crimes against humanity, or may be extradited to face trial in another jurisdiction. The criminalization and sanctioning of terrorism-related activities must be done in accordance with international human rights law. Explanatory Note: See, Report of the Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism, Ben Emmerson, A/ HRC/20/14, 4 June 2012, para. 67(b). B. Clarity and Specificity of Law: Any criminalization of, or other punishment for, acts of terrorism must abide by Principle 1(K), Principle of Legality. In particular, States must ensure that their laws criminalizing acts of terrorism are accessible to the public, defined by clear and precise provisions in the law, non-discriminatory, and non-retroactive. Any criminalization of, or other punishment for, acts of terrorism must be directed only against acts done knowingly and with intent and in accordance with international law, including human rights law. Explanatory Note: See, U.N. General Assembly, Resolution 64/168: Protection of Human Rights and Fundamental Freedoms while Countering Terrorism; and Explanatory Note to Principle 1(K), Principle of Legality and Principle 1(G), Prohibition of Discrimination. C. Indirect Criminal Responsibility: Laws sanctioning indirect criminal responsibility for terrorist acts must be accessible to the public, defined by clear and precise provisions in the law, non-discriminatory, non-retroactive, and targeted at principle acts of terrorism. Such acts must be sanctioned only when there is intent and knowledge to carryout, support, plan, or facilitate a terrorist act. Explanatory Note: See Explanatory Note to Principle 1(K), Principle of Legality; Principle 1(G), Prohibition of Discrimination; and Principle 6(B), Clarity and Specificity of Law. D. Criminalization of Membership/Association: Criminal responsibility for acts of terrorism shall be individual, not collective. Individuals shall not be criminally responsible solely for membership in an organization, or association with an individual or organization, that is suspected of, or has been banned, sanctioned, accused, or punished for, engaging in acts of terrorism. States shall be prohibited from

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