Journal of International Criminal Justice Advance Access originally published online on December 15, 2006
Journal of International Criminal Justice 2006 4(5):1044-1073; doi:10.1093/jicj/mql079
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III. Countering Terrorism on a Global Scale |
Security Council's Anti-terror Resolutions and their Implementation by Member States
An Overview
* Professor of International Law, Graduate Institute of International Studies, Geneva, and Catholic University, Milan. Heartfelt thanks to my colleague and friend, Fouad Zarbiev, for his research assistance and enlightened comments on earlier drafts of this article. Thanks also to my dear friend Jane Pritchard for her valuable editing work. The author wishes to express his gratitude to the Geneva-based foundation Société Académique for its financial support for this research, in the framework of the 2005/2008 Forum on ‘Democracy and Terrorism’. [ bianchi{at}hei.unige.ch]
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Abstract |
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In the framework of the fight against international terrorism the UN Security Council (SC) has adopted targeted sanctions against individuals and corporate entities. Furthermore, it has imposed on states a number of obligations of a general nature. The implementation of all these measures — some of which bear on sensitive aspects of criminal law and procedure — is left to the Member States. This article attempts to provide an overview of national implementation practices, based on the national reports submitted by states pursuant to the relevant SC resolutions. Besides the many difficulties encountered by states in implementing SC resolutions, the encroachment of anti-terror measures on human rights is a cause for concern. The current attitude of the SC, which has integrated human rights considerations into the security concerns that inspire its action under Chapter VII of the Charter, should enhance the perception of legitimacy of its anti-terror policy and, arguably, improve the effectiveness of its measures.