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نقد مجلس ا&Ugrave

Counter-Terrorism Law and Practice: An International Handbook

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The European Journal of International Law Vol. 17 no.5 © EJIL 2007; all rights reserved ........................................................................................... EJIL (2006), Vol. 17 No. 5, 881–919 doi: 10.1093/ejil/chl032 ........................................................................................................................................................ Assessing the Effectiveness of the UN Security Council’s Anti-terrorism Measures: The Quest for Legitimacy and Cohesion Andrea Bianchi* Abstract This article aims to assess the effectiveness of the Security Council’s anti-terror measures against the background of the Member States’ practices of implementation. This survey is based primarily on the national reports submitted by states, pursuant to the relevant SC resolutions. Other issues, such as the legitimacy of the SC’s actions and the encroachment of anti-terror measures on fundamental human rights, are also broached in so far as they may have an impact on the effectiveness of the implementation process. Finally, the article attempts to evaluate, primarily from the perspective of legal interpretation, how to reconcile the predominant security concerns underlying anti-terror measures with the cohesion of the international legal system. 1 In Search of a Paradigm The harsh criticism that the sanctions against Iraq provoked due to their detrimental impact on the Iraqi civil population led the international community to question the efficacy of measures which, while directed at sanctioning governments, ended up, almost inevitably, affecting the life of civilians. 1 This is why many hailed the adoption by the Security Council (SC) of travel and financial restrictions against UNITA in 1997 and 1998 as the inauguration of a new course of action. 2 Indeed, the travel and * Professor of International Law, Graduate Institute of International Studies, Geneva, and Catholic University, Milan. The author gratefully acknowledges the research assistance of Steven Barela and Mélanie Samson, as well as the editorial assistance of Yasmin Naqvi. Heartfelt thanks go to Fouad Zarbiev for his invaluable help in tracing references. Research for this paper has been supported by the Geneva-based Foundation, Société Académique, within the framework of the 2005–2008 Forum on ‘Democracy and Terrorism’. Email: [email protected] 1 On the effects of the Iraqi sanctions regime see the Symposium on: ‘The Impact on International Law of a Decade of Sanctions against Iraq’, with contributions by different authors, published at 13 EJIL (2002) 1. 2 See SC Res. 1127 (1997) and SC Res. 1173 and 1176 (1998).
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882 EJIL 17 (2006), 881–919 financial restrictions imposed on the members of UNITA marked the first application of so-called ‘smart sanctions’. 3 This shift of strategy on the part of the SC relied on a widely emerging consensus among states on the need to adopt a ‘more prompt and effective response to present and future threats to international peace and security . . . designed so as to maximize the chance of inducing the target to comply with Security Council resolutions, while minimizing the negative effects of the sanctions on the civilian population . . . ’. 4 Despite its innovative character and the occasional controversies surrounding the
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