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Counter-Terrorism Law and Practice: An International Handbook

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Security Council’s Anti-terror Resolutions and their Implementation by Member States An Overview Andrea Bianchi* Abstract 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 ç some of which bear on sensitive aspects of criminal law and procedure ç 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. 1. The SC’s Normative Action against Terrorism as a Rehearsal for World Government After the demise of the cold war and the reshaping of the notion of inter- national peace and security, international terrorism has emerged as one of * 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 Socie¤ te ¤ Acade¤ mique for its financial support for this research, in the framework of the 2005/2008 Forum on ‘Democracy and Terrorism’. [[email protected]] ............................................................................ Journal of International Criminal Justice 4 (2006), 1044^1073 doi:10.1093/jicj/mql079 ß Oxford University Press, 2006, All rights reserved. For permissions please email: [email protected]
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the most compelling threats of our times. This is reflected also in the practice of the Security Council (SC). Whereas previously international terrorism was not characterized as such, starting from Res. 731 (1992) condemning the bombing o fP anAmf
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