Chapter

All necessary measures ? : reconciling international legal regimes governing peace and security, and the protection of persons, in the realm of counter-terrorism

Karima Bennoune

Counter-terrorism strategies in a fragmented international legal order : meeting the challenges

Cambridge : Cambridge University Press, 2013

p. 667-705

English

Where action against terrorism is mandated or authorized by UN Security Council (SC) resolutions adopted under Chapter VII of the UN Charter, do member states' obligations under international human rights and humanitarian law still apply as they would otherwise? Alternatively, in such situations, are human rights and IHL obligations instead subordinate to state obligations to implement the resolutions of the SC? Examples might include an SC resolution that requires freezing the funds of suspected supporters of al-Qaeda without necessarily affording the due process required by human rights law, or SC resolutions authorizing the use of force (or otherwise necessitating the presence of member states' armed forces) in circumstances that may give rise to violations of those states' human rights and humanitarian law commitments. This chapter synthesizes the debate of the interplay of these legal regimes and brings together the international organizations and human rights issues.

• Full text : restricted access (ICRC)

• Counter-terrorism strategies in a fragmented international legal order : meeting the challenges / ed. by Larissa van den Herik and Nico Schrijver