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Part II Predominant Security Challenges and International Law, National and Transnational Security, Ch.11 Terrorism and the Security Council

Helen Duffy, Larissa van den Herik

From: The Oxford Handbook of the International Law of Global Security

Edited By: Robin Geiß, Nils Melzer

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 20 May 2024

Human rights — Terrorism

This chapter details the United Nations Security Council’s (UNSC) intense regulatory approach to counter-terrorism and its consequences, including the direct and indirect repercussions for affected individuals, and the broader global security landscape. The main argument is that the expansion of the UNSC’s role has gradually opened up a space of indeterminacy and unaccountability. Two dimensions are explored here: (i) the creation of a quasi-permanent counter-terrorism sanctions regime under Chapter VII and (ii) the Council’s ever-expanding ‘legislative’ activities, amongst others in relation to ‘foreign terrorist fighters’ and incitement or provocation. The chapter exposes underlying tendencies and ulterior effects of the UNSC’s approach, including the expansive reach of undefined or ill-defined phenomena, a reflex of over-criminalization, and the increasing involvement of the private sector, including financial institutions, in the counter-terrorism sphere. The impact on human rights, participatory democracy, the shrinking space for civil society, humanitarian assistance and peacebuilders, accountability, and rule of law is profound. Ultimately, the chapter tells a story of uncertain threats and unaccountable actors in counter-terrorism practice and the adverse effects on security in the long run.

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