Abstract
The role of the Security Council to combat terrorism had obviously grown since 9/11. The Council adopted numerous resolutions which carry commitments upon the Member States to counter-terrorism. In turn, the States have enacted or amended laws. Some of these laws and measures have shown negative effects on human rights. As a result, the Security Council has gradually indicated to the significance of protection human rights while countering terrorism. However, the practice of States, besides the presence of some gaps in the decisions of the Council, is still reflecting violations of human rights. Consequently, the Council must take effective ways to guarantee human rights and to achieve positive results in the fight against terrorism. This paper examines the anti-terrorism efforts of the Security Council and its impact on human rights. It is concentrated on the Council’s response to such violations. Resultantly, this study provides recommendations to ensure human rights while combating terrorism.
Highlights
Terrorism is a rampant issue in the contemporary world
Since the impact of terrorist acts became more evident after the terrorist attacks of 9/11 in the United States, the UN Security Council had used its mandatory power under Chapter VII of the UN Charter
Member States must ensure that any measures taken to counter terrorism comply with all their obligations under international law, in particular international human rights law, international refugee law, and international humanitarian law, underscoring that respect for human rights, fundamental freedoms and the rule of law are complementary and mutually reinforcing with effective counter-terrorism measures, and are an essential part of a successful counter-terrorism effort and notes the importance of respect for the rule of law so as to effectively prevent and combat terrorism, and noting that failure to comply with these and other international obligations, including under the Charter of the United Nations, is one of the factors contributing to increased radicalization and fosters a sense of impunity (SC Resolution 2178, 2014)
Summary
Terrorism is a rampant issue in the contemporary world. It represents a real threat and an obvious violation of human rights, notably the right to life. Regional, and international organizations acknowledged that the violations committed during combating terrorism are as much serious as terrorist acts In response to such violations, the Security Council emphasized the importance of respecting and protecting human rights and fundamental freedoms while countering terrorism. Despite the efforts of the Council to oblige States to comply with international law standards, some of these efforts did not live up to the required level and current practices still reflect adversely impact on human rights. In this regard, this study tries to find out the consequences of anti-terrorism Security Council resolutions and practices on human rights. The article aims to provide an essential assessment of the current anti-terrorism measures in the framework of the Security Council in order to reach more effective means to guarantee human rights during the fight against terrorism
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