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The UN's ‘War’ on Terrorism

Published online by Cambridge University Press:  28 February 2019

José E. Alvarez
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Extract

While those of us in the United States have become accustomed to talking about our war on terrorism and its consequences, including its effects on civil rights, we should not ignore the fact that the international community, and specifically the United Nations, is conducting its own ‘war’ on terrorism. I will be addressing the General Assembly's and especially the Security Council's war on terrorism and the challenges these efforts present, including to international human rights.

Type
Order from Chaos: Contexts for Global Legal Information IALL 21st Course on International Law Librarianship
Information
International Journal of Legal Information , Volume 31 , Issue 2 , Summer 2003 , pp. 238 - 250
Copyright
Copyright © 2003 the International Association of Law Libraries 

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References

Notes

1 Declaration on Measures to Eliminate International Terrorism, G. A. Res. 49/60, UN GAOR 6th Comm., 49th Sess., 84th plen. mtg., UN Doc. A/49/743 (1994). For a useful survey of the history of UN efforts regarding terrorism, see W. Michael Reisman, “International Legal Responses to Terrorism,” 22 Houston J. Int'l L. 3 (1999).Google Scholar

2 See article 2 of the International Convention for the Suppression of Terrorist Bombings, 37 ILM 249 (March 1998) (adopted at New York, Jan. 9, 1998).Google Scholar

3 International Convention for the Suppression of the Financing of Terrorism, 39 ILM 270 (March 2000) (adopted Dec. 9, 1999).Google Scholar

4 See Security Council Resolution 748, UN Doc. S/Res/748 (Mar. 31, 1992) (Libya sanctions); Security Council Resolution 1054, UN Doc. S/Res/1054 (Apr. 26, 1996) (sanctions on Sudan).Google Scholar

5 Security Council Resolution 1373, UN Doc. S/Res/1373 (Sept. 28, 2001).Google Scholar

6 See Resolution 1373, supra note 5; Security Council Resolution 1368, UN Doc. S/Res/1368 (Sept. 12, 2001) (“recognizing the inherent right of individual or collective self-defence in accordance with the Charter”).Google Scholar

7 See Case Concerning Questions of Interpretation and Application of the 1971 Montreal Convention Arising from the Aerial Incident at Lockerbie (Libya v. United States and United Kingdom), Request for Indication of Provisional Measures, 1992 ICJ Rep. 114, 31 ILM 665 (1992).Google Scholar

8 See Report of the Republic of Cuba submitted pursuant to paragraph 6 of Security Council Resolution 1373 (2001), contained in UN Doc. S/2002/15 (Jan. 2, 2002).Google Scholar

9 See the reports and other documents filed for the CTC at the UN website, www.unorg/Docs/sc/committees/1373/comp.htm (Last visited 10/28/2002).Google Scholar

10 University of Amsterdam, Center for International Law, Seminar on Judicial Review of the Security Council by Member States after 11 September 2001, October 11, 2002 (proceedings forthcoming from the Center).Google Scholar

11 See, e.g., Council Common Position of 27 December 2001 on the application of specific measures to combat terrorism (2001/931/CFSP).Google Scholar

12 See Presentation by. Thomas Olsson, at Conference, supra note 11 (discussing the decision rendered by the Tribunal of First Instance in Aden v. Council of the European Union (May 7, 2002)).Google Scholar

13 Presentation by Olsson, supra note 13.Google Scholar

14 In response to complaints from a number of states about the procedures for listing and delisting individuals pursuant to Council resolution (see Second Report of the Monitoring Group established pursuant to Security Council Resolution 1363, UN Doc. S/2002/1050 (Sept. 20, 2002), the Security Council agreed on the steps individuals and groups can remove themselves from the Council's terrorism lists. See Edith M Lederer, “UN Agrees on Returning Frozen Assets, Associated Press,” Aug. 16, 2002 (available on line, no page indicated).Google Scholar

15 See, e.g., comments by Erika de Wet, Conference, supra note 11.Google Scholar

16 See, e.g., Marian-Florentino Cuellar, The Tenuous Relationship Between the Fight Against Money Laundering and the Disruption of Criminal Finance (forthcoming publication) (draft on file with author).Google Scholar