or breaches to international peace and security may be analyzed by the GA, when the SC is not informed of it yet. It may also take a decision in important issues by the favorable votes of two thirds of its Members.
A recommendation concerning counterterrorism may be discussed in GA First Committee (Disarmament and International Security) and Sixth Committee (Legal Affairs).
7.2. THE SECURITY COUNCIL (SC)
It is the prime responsible for the maintenance of international peace and security. It may take action using the powers of Chapter VI (negotiation, investigation, mediation, conciliation, arbitration, judicial settlement, resort to regional agreements and organisms, or other peaceful means).
The SC may also take coercive methods previewed in Chapter VII, that is, to demand Member States to do the following:
- Complete or partial interruption of economic relations;
- Interruption of railway, aerial, postal, telegraphic, radioelectric communications;
- Rupture of diplomatic relations;
- Embargoes (prohibition to sell weapons, petrol, vehicles and other items).
If the coercive methods above have not taken effect, or are inadequate, it may take or authorize aerial, naval or terrestrial operations to do:
- Demonstrations of strength (mobilizing troops and vehicles in the border, making airstrikes, seizing or sinking warships);
- Blockades in routes, ports and airports, except humanitarian help for the population;
- Authorize a Peace Operation, using military and police troops from Member States (Troop Contributing Countries).
In order to have a counterterrorism capacity in Peace Operations, the SC must provide a mandate with specific powers to peacekeepers: Rules of Engagement (ROE) enabling them to act in cases of terrorism and other international crimes; authorization to comply with mandates from International Criminal Courts; and require that Troop Contributing Countries send some of their military with special training concerning counterterrorism.
7.3. THE ECONOMIC AND SOCIAL COUNCIL (ECOSOC)
The ECOSOC has the role to make recommendations concerning economic, social, cultural, health development, assurance and improvement. They may be addressed to the GA, Member States or specialized agencies.
Among its many Commissions, Crime Prevention and Criminal Justice, Human Rights, Narcotics and Drugs are related to terrorism matters, and may conduct studies about measures to detect and prevent it.
7.4. THE TRUSTEESHIP COUNCIL (TC)
The TC was responsible for the administration and supervision of territories in order to promote development and progress towards independence. Trusted territories were territories under mandates during the League of Nations, or detached from enemy states after WW II, or placed voluntarily.
Today there are no more territories under its supervision, but the General Assembly recommended that the TC analyses cases concerning the integrity of the global environment, the ocean, atmosphere and outer space, and also modification in the environment (UNITED NATIONS, ).
7.5. THE INTERNATIONAL COURT OF JUSTICE (ICJ)
The ICJ is the main judicial organ of the UN. Its main roles are to settle disputes submitted to it by Member States, according to international law, and give advisory opinions to the General Assembly, the Security Council and, when authorized by the General Assembly, to other UN organs and agencies.
Concerning terrorism, it may give a number of advisory opinions and judgments, from the legality of establishing an International or Internationalized Criminal Court, or sending the case to the International Criminal Court, or even whether or not the terrorist act in study may be considered a breach or rupture or international peace and security.
7.6. THE SECRETARIAT AND THE SECRETARY GENERAL (SG)
The administrative work of the United Nation is carried on by the Secretariat, which is headed by the Secretary General. It is divided in offices, departments and Special Representatives. Its staff implements programs and policies decided by the other five organs.
It is the closest organ to a peacekeeping mission, and its roles concerning it vary from the talks to Troop Contributing Countries in order to send military personnel to a Peace Operation, to information sent to the Security Council about the situation in the field that Blue Helmets are experiencing, with recommendations to change the mandate or to extend the mission.
The Secretary-General has the responsibility to inform to the Security Council of any potential threat to international peace and security, and also other functions entrusted to him by any UN organs. Since he is usually chosen in the diplomatic community, he is also entrusted to bring warring parties to the dialogue through good offices.
In brief, there is no need for a structural change to perform tasks specifically related to terrorism, because all UN System was conceived to deal with international peace and security, and it is a very flexible system, that has adapted itself to face new challenges throughout its history. All the UN need is another review of its doctrine, in order to face the challenges of the 21st Century.
8. UN EFFORTS AGAINST TERRORISM
Three weeks after the terrorist attacks on the World Trade Center, the Pentagon and the hijacking of another plane that crashed on land, on September 11, 2001, the U.N. Security Council approved Resolution 1373. It is an uncommon document because for the first time a resolution based on Chapter VII was created to apply to all U.N. Member States. It aims criminal, financial, and administrative measures to bring to an end the support of individuals and entities involved in terrorism.
Resolution 1373 (2001), of September 28, 2001, request that states avoid and restrain the financial support of terrorist acts through very austere legal and financial procedures; to cease providing any form of sustainment to parties related to terrorism; to set up terrorist acts as grave criminal conducts in national legislation, with severe punishment; and to establish procedures to check for potential terrorists before granting refugee status to them, when they are involved in planning, participation or commission of terrorist acts.
The Counter Terrorism Committee (CTC) was put in place with Resolution 1373 (2001) to supervise the implementation of these measures, as well as to enhance the ability of governments to combat terrorism. All members of the Security Council are part to the CTC. Resolution 1373 demands that all States inform the CTC about the adoption of the measures, showing what procedures they had created to comply with the resolution, all with a deadline of 90 days.
There is no reference in Resolution 1373 about the respect of international human rights, humanitarian and refugee law. This situation was ended by Security Council Resolution 1456 of January 20, 2003, requiring states to guarantee that procedures in the struggle against terrorism are done in accordance with all related dispositions in international law. It also required the adoption of measures to comply with international law, especially international human rights, refugee and humanitarian law. Resolution 1456 is an important binding and a step forward to uphold respect with international human rights values.
The Counterterrorism Executive Directorate (CTED) was created in March 2004 to grant institutional help to the counterterrorism engagement. The CTED has a staff of experts to give advisory opinions to the CTC about technical aspects of government’s reports.
Reports to CTC shall firstly relate progress in the placement of legislation to apply all measures of Resolution 1373, and steps taken to become a party to international conventions and protocols concerning terrorism; also, inform about the implementation of effective administrative measures for preventing and repressing the financing of terrorism.
A later stage in the reports shall bring executive structures (police, intelligence, and also customs, immigration and border controls; allowing no access to military hardware) in order to prevent new recruits to terrorist groups, their gathering, safe places or other supportive measures for terrorist members or groups.
The working methodology of the CTC and CTED comprise:
- Visits to countri
es to evaluate the nature and assistance given to comply with SC Res 1737, and monitor their progress;
- Programs of technical, financial, regulatory and legislative assistance, to link countries;
- Complete Reports for countries concerning counterterrorism circumstances, and also become a dialogue channel to the Committee;
- Best practices, codes and standards so governments may apply them according to their necessities and obligations;
- Meeting with international and regional organizations, in order to reach unity of effort and use resources the best way as possible.
Terrorism is a real threat in a number of countries around the world. However, its counter methods must observe the core values of the international legal system. All instruments and directives available to countries shall be used to prevent the dissemination of terror.
In short, combating terrorism must not cause terror to the population concerned or the terror will continue with other actors. So, in order to avoid that, international law needs to be obeyed, and humanitarian law must be observed with no exceptions.
Some countries argue that it is necessary to implement special powers to respond to the unprecedented and exceptional threat of terrorism. Those special powers may include:
- Broad and subjective definitions of terrorism that are similar to political crimes;
- Power to arrest and detain persons
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