The present publication is designed to complement existing tools that UNODC has developed,
some of which provide guidance on the ratification and implementation of the universal legal instruments against terrorism, and others that are focused on strengthening specific aspects of the criminal justice responses to terrorism, including from a human rights perspective. The publication also complements the broader work of UNODC in mainstreaming gender across all its programmes, practices and policies, as reflected in its Guidance Note for UNODC Staff: Gender Mainstreaming in the Work of UNODC, and the Gender Equality Strategy for the United Nations Office on Drugs and Crime and the United Nations Office in Vienna (2018–2021).

The present handbook will be relevant to the work of judicial officials, prosecutors, law enforcement and corrections officers, and lawyers assisting suspects or victims of terrorism. It will also be
useful to policymakers, lawmakers, and civil society organizations active in the fields of women’s rights and counter-terrorism and the prevention of violent extremism.

Legal and policy recommendations are provided, based on international standards and promising
practices of international, regional and selected national bodies, in order to assist the users in addressing some of the key gender issues arising in the criminal justice response to terrorism. The handbook follows a multidisciplinary approach, integrating best practice from the fields of counter-terrorism, criminal justice, promotion of women’s rights and equality, and the elimination of violence against women.

The handbook contains a number of tools to enable readers to engage with the material in an
in-depth manner. “Focus” boxes provide a deeper insight into specific concepts, and “example” boxes facilitate a comparative approach by supplying case studies that illustrate national and international practice and jurisprudence. Information on further reading is provided in order to direct readers to additional sources on specific topics. Finally, a summary of key points is included at the end of each chapter to provide a concise checklist of issues raised in that chapter.

The handbook consists of six chapters. Chapter 1 contains an examination of the concept of gender
mainstreaming in counter-terrorism and in the criminal justice system. It also examines how this concept fits into the international human rights framework and the policy context of the Women, Peace and Security agenda and the Sustainable Development Goals.

Chapter 2 includes an exploration of the ways in which the criminalization of acts of terrorism may
affect women differently than men. It begins with a brief review of the differing roles of women in contemporary terrorist groups. The chapter also includes a look, with a gender perspective, at selected terrorism-related offences, such as supporting acts of terrorism, financing of terrorism and offences related to foreign terrorist fighters. It also covers criminal justice responses to situations where an individual is alleged to have committed a terrorism-related offence while having been involuntarily associated with a terrorist group.

Chapter 3 is focused on gender perspectives and good practices regarding the investigation and
prosecution of terrorism cases. It covers investigative methods and powers, interviewing, witness protection and the importance of strengthening the representation of women in law enforcement and the
judicial system, including in specialized counter-terrorism units. Gender-based vulnerabilities are often acute in the contexts of imprisonment and other forms of deprivation of liberty. As such, chapter 4 contains a discussion of vulnerabilities and good practices regarding the imprisonment of persons suspected, accused or convicted of having committed terrorism-related offences, and provides guidance on implementing gender-sensitive policies and practices, as well as the protection of women’s rights in this regard. Chapter 4 also contains an examination of alternative measures and detention outside the criminal justice context.

Terrorist groups have targeted women, men, girls and boys through acts of sexual and gender-based
violence to achieve tactical objectives and ideological aims. Chapter 5 contains a discussion of the legal frameworks that can be used to hold the perpetrators of these crimes accountable, including terrorism offences, trafficking in persons offences, and war crimes and crimes against humanity. The chapter also includes a discussion of the key challenges and good practices for investigation and prosecution, which is complemented by an analysis of international cooperation aspects.

Finally, chapter 6 includes an examination of the gender dimensions of challenges that victims of
terrorism may experience in obtaining access to justice and remedies, and good practices to overcome these challenges. The chapter also contains an examination of access to justice and remedies for victims of sexual and gender-based violence and trafficking in persons perpetrated by terrorist groups. Lastly, it includes a discussion of the role of gender-sensitive transitional and traditional justice mechanisms as alternatives to criminal justice proceedings.