30 | Principles and Guidelines on Human and Peoples’ Rights while Countering Terrorism in Africa PART ENGLISH 7 COUNTERTERRORISM COOPERATION A. Obligation to Cooperate: States shall cooperate among themselves in preventing and combating terrorism and counterterrorism-related human rights violations. States shall respect their human rights obligations when fulfilling their obligation to cooperate in combating terrorism. States shall withhold cooperation that would result in violations of international human rights, humanitarian, or refugee law. Explanatory Note: See, Organization of African Unity Convention on the Prevention and Combating of Terrorism, Article 5; U.N. Security Council, Resolution 1373, para. 2(f); Comm. 245/02, Zimbabwe Human Rights NGO Forum v. Zimbabwe (May 2006), para. 143; Comm. 74/92, Commission nationale des droits de l›Homme et des libertés v. Chad (October 1995), para. 20; Algiers Declaration, Thirty-Fifth Ordinary Session of OAU/Third Ordinary Session of AEC, 12-14 July 1999, AHG/Decl. 1 (XXXV); International Law Commission, Responsibility of States for Internationally Wrongful Acts, Article 16; and Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Bosnia and Herzegovina v. Serbia and Montenegro), Judgment of 26 February 2007, para. 420. B. Commission of Internationally Wrongful Acts: States shall ensure that foreign States do not carry out internationally wrongful acts on their territory or under their jurisdiction, including but not limited to unlawful killings, torture, sexual violence, child recruitment, disappearances, and other forms of arbitrary detention. States shall take all practical steps to determine whether foreign entity activities on, and movements through, their territory involve such practices. In addition, States shall not assist or support another State in the commission of an internationally wrongful act. Explanatory Note: See, International Law Commission, Responsibility of States for Internationally Wrongful Acts, Articles 16 and 17; Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Bosnia and Herzegovina v. Serbia and Montenegro), Judgment of 26 February 2007, para. 420; and Office of the United Nations High Commissioner for Human Rights, Human Rights, Terrorism and Counter-terrorism (Fact Sheet No. 32). C. Cooperation amongst African Union Bodies and Civil Society: In recognition of African Union bodies having a role in cooperating with each other and harmonizing efforts relating to the situation of human rights, terrorism, and counterterrorism, civil society shall be permitted to address the African Commission on Human and Peoples’ Rights on issues relating to the situation of human rights, terrorism, and counterterrorism.