WP05_JuzgaTerror_ENG_mar05

Counter-Terrorism Law and Practice: An International Handbook

Info iconThis preview shows pages 1–4. Sign up to view the full content.

View Full Document Right Arrow Icon
Which Justice for Perpetrators of Acts of Terrorism? The Need for Guidelines Jessica Almqvist March 2005 Jessica Almqvist is Researcher in the Global Governance programme at FRIDE. WORKING PAPER ……………………………………………. 5
Background image of page 1

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full DocumentRight Arrow Icon
© Fundación para las Relaciones Internacionales y el Diálogo Exterior (FRIDE) 2005. Felipe IV, 9 1º Dcha. 28014 Madrid - SPAIN Tel: +34 915 22 25 12 – Fax: +34 915 22 73 01 E-mail: fride@fride.org The Working Papers are available in print, in both Spanish and English. All FRIDE publications are available on the FRIDE website: www.fride.org The views expressed by the author of this document do not necessarily reflect the opinion of FRIDE.
Background image of page 2
Which Justice for Perpetrators of Acts of Terrorism? The Need for Guidelines Abstract The Security Council considers the domestic criminal justice systems as an essential tool to fight terrorism. In resolution 1373 (2001), the Council obliges states to bring perpetrators of acts of terrorism to justice. Moreover, its resolution 1456 (2003) recognises the relevance of international law, including human rights, in meeting this obligation. However, what is required of states in more concrete terms remains unclear. This paper seeks to demonstrate that an effective and legitimate implementation of resolution 1373 requires of the Counter-terrorism Committee, in collaboration with its Counter-terrorism Executive Directorate, and with appropriate support of the Security Council, to offer its own guidelines on the interpretation and application of the obligations under the resolution. The content of such guidelines should be transparent, practical and universal in reach; in addition, the implications of relevant fields of international law, including that of human rights, must be reaffirmed and clarified. Only then will the Security Council’s commitment to lead a fight against terrorism within the bounds of international law not only be more effective and legitimate but also more credible in the eyes of those who are most seriously affected by its counter-terrorism measures. The recommendations are put forward in response to an overwhelming evidence of human rights abuses especially of terrorist suspects committed since the adoption of resolution 1373. The importance of the recommendations are contemplated at a time when the UN-led fight against terrorism is being intensified: the Counter-terrorism Committee has been revitalised and its new Counter-terrorism Executive Directorate is about to become fully operational; the Security Council is extending its mandate in the area of counter-terrorism; and may currently be considering the proposals of the Secretary-General’s High Level Panel on Threats, Challenges and Change to strengthen state capacity-building in countering terrorism, and to introduce a schedule of predetermined sanctions in case of state non-compliance with resolution 1373. Working Paper
Background image of page 3

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full DocumentRight Arrow Icon
Image of page 4
This is the end of the preview. Sign up to access the rest of the document.

Page1 / 20

WP05_JuzgaTerror_ENG_mar05 - Which Justice for Perpetrators...

This preview shows document pages 1 - 4. Sign up to view the full document.

View Full Document Right Arrow Icon
Ask a homework question - tutors are online