Chapter 6. Reflections on the Security Councils Counter­Terrorism Resolutions

Abstract

The implementation of the anti-terrorism resolutions adopted by the Security Council in the last five years under Chapter VII of the United Nations Charter is having a strong impact on UN Member States at the national level. Two cases in point are Security Council Resolutions 1267 (1999) and 1373 (2001), which required states to adopt laws and regulations to implement the prescriptions set forth in those resolutions. Conceivably, national courts and tribunals of other international organizations, such as the European Court of Human Rights and European Court of Justice, could be called upon to evaluate the propriety of these Security Council Resolutions. The counter-terrorism Resolutions' goals may be laudable, but the means by which they have been effected are objectionable. The Resolutions run roughshod over the sovereignty of states which never consented to such an intrusion in their domestic affairs. Keywords: counter-terrorism resolutions; European court of human rights; European court of justice; security council resolution