Terrorism and Security Council

Robin Geiß and Nils Melzer (eds), The Oxford Handbook on the International Law of Global Security (OUP, 2021 Forthcoming)

16 Pages Posted: 28 Jul 2020

See all articles by Helen Duffy

Helen Duffy

Human Rights in Practice; Leiden University

Larissa van den Herik

Leiden University

Date Written: 2020

Abstract

It is generally agreed that terrorism presents a security challenge, but consensus does not extend to how best to address it. This chapter zeroes in on the central role that the Security Council has assumed in tackling terrorism and how this affects the broader global security landscape. The main argument of our chapter is that the expansion of the Security Council’s role and its counter-terrorism strategies have gradually contributed to indeterminacy and opened up a space of unaccountability in counter-terrorism]. The chapter focuses on (i) the Council’s sanctions policies and the creation of a quasi-permanent counter-terrorism sanctions regime under Chapter VII, and (ii) the Council’s “legislative” activities including specifically those regarding foreign terrorist fighters and provocation. The chapter exposes the underlying tendencies and ulterior effects of both sets of measures, including the increasing involvement of the private sector and particularly financial institutions in the implementation of counter-terrorism laws and sanctions regimes, and a reflex of overcriminalization through binding Chapter VII legislation. The impact on the full range of human rights, participative democracy and the shrinking space for civil society, humanitarian assistance and peacebuilders, are profound. The underlying thread of the chapter is a story of unaccountable actors in counter-terrorism practices and the adverse effects on security in the long run.

Keywords: counter-terrorism, security council

JEL Classification: K33

Suggested Citation

Duffy, Helen and van den Herik, Larissa, Terrorism and Security Council (2020). Robin Geiß and Nils Melzer (eds), The Oxford Handbook on the International Law of Global Security (OUP, 2021 Forthcoming), Available at SSRN: https://ssrn.com/abstract=3632897

Helen Duffy (Contact Author)

Human Rights in Practice; Leiden University ( email )

Leiden University Law Faculty
P.O. Box 9520
Leiden, 2300 RA
Netherlands

Larissa Van den Herik

Leiden University ( email )

Postbus 9500
Leiden, Zuid Holland 2300 RA
Netherlands

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