Background

The taking and holding of hostages are internationally unlawful acts and depending on the context, may also constitute torture and/or other cruel, inhuman or degrading treatment or punishment in violation of international norms. Hostage-taking is used as a form of manipulation, coercion and leverage in the hands of both state and non-state actors, and takes place in many situations including war or terrorism as well as in ordinary, albeit strained, inter-state relations. It is increasingly clear that substandard treatment or torture of those held is often used intentionally to encourage bargaining for the release of detainees; that is, hostages are mistreated and denigrated with the specific purpose to secure a deal with the hope that the other side will want to limit or avoid their suffering. It is a cruel game. 

While historically associated with non-state terrorist groups, recent data reveals that state actors now represent significant players. This phenomenon, often referred to as "hostage diplomacy" or "wrongful detention," places individuals at the intersection of warring parties, geopolitics and/or international relations. People should never be used as political pawns or bargaining chips. In all scenarios hostages and their families suffer greatly and such physical and psychological pain or suffering would frequently meet the threshold of torture or other cruel, inhuman or degrading treatment or punishment.

Objectives

The Special Rapporteur’s report aims to address hostage-taking as a form of torture and/or other cruel, inhuman or degrading treatment or punishment. The report aims to clarify the legal frameworks, highlight emerging trends, and emphasize state responsibilities towards victims and their families.

The forthcoming report will aim to explore:

• Emerging trends and developments.
• The applicable legal frameworks and gaps in defining, prohibiting and responding to hostage-taking and its relationship to torture, with reference to the International Convention against the Taking of Hostages and general international law, international human rights law, international humanitarian law, counter-terrorism, and domestic laws.
•  Legal and practical distinctions between hostage-taking as a weapon of war provoking or perpetrated during armed conflict, and non-war situations.
• The distinction between state and non-state hostage-taking, and the legal and practical challenges in addressing each type.
•  The experience of victims and their families (including physical, sexual, psychological and socio-economic suffering), and the consequences for their lives and recovery.
• State obligations under international law to prevent, investigate and prosecute, and hold actors accountable.
• Good practices in (i) supporting families during the ordeal and (ii) types of support and rehabilitation provided for hostages and their families upon release, to aid their re-entry, recovery and rehabilitation.
• Recommendations on any of the above areas. 

Key questions and types of input/comments sought

The Special Rapporteur would welcome your submission on any of the above areas. 

How inputs will be used

Your submission will be made public on the Special Rapporteur’s website unless explicitly requested otherwise.