Journal Article

Security Council's Anti-terror Resolutions and their Implementation by Member States

Andrea Bianchi

in Journal of International Criminal Justice

Volume 4, issue 5, pages 1044-1073
Published in print November 2006 | ISSN: 1478-1387
Published online November 2006 | e-ISSN: 1478-1395 | DOI: http://dx.doi.org/10.1093/jicj/mql079
Security Council's Anti-terror Resolutions and their Implementation by Member States

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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.

Journal Article.  15135 words. 

Subjects: Criminal Law ; International Law

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