The United Nations has mobilized all the means necessary to make the fight against terrorism a major concern of all States. The media coverage of the September 11 attacks on U.S. soil with Security Council resolution- 1373 has raised awareness that terrorism can strike at any time. However, at the heart of this struggle is a shortcoming: the lack of a universal definition of terrorism (Section 1). The international fight is against a phenomenon that has is not even defined, at present. No international instrument has effectively begun the task of definition. Meanwhile, anti-terrorism activities continue to flourish, and some violate human rights (Section 2). In the international community prepared to trample human rights in the name of counter-terrorism? Is there no way for the UN to reconcile respect for human rights and the fight against terrorism?
[...] Therefore, advocated conciliation may involve targeted and selective measures, also called "smart sanctions" or, economic or humanitarian exemptions granted. Apart from these exceptions in the event of embargo, the CS goes further in reconciling the fight against terrorism and ensures respect for human rights by giving the "Monitoring Team" the task of making proposals for reform to improve transparency in the establishment of the checklist in order to minimize errors in identifying persons who may be terrorists. Thus, the existence of an obligation to respect as much as possible the rights enshrined in the CS as the main instruments for guaranteeing the rights of man, can be inferred from the interpretation of the UN Charter and the practice of Chapter 7. [...]
[...] Has the UN touched it to its limits in the fight against terrorism? Laqueur, Walter, "The Age of Terrorism" (The Age of Terrorism) (Boston: Little, Brown and Company, 1987).Pages 149-150. SANTO "The UN response to terrorism," Grip, Brussels www.journal.dnd.ca/vo9/no2/05-lawless-fra.asp The Lybia and Syria. The United States passed the Patriot Act, in Canada, it was the ATA and, in Britain, the Terrorism Act. For example, the United States, under Bush, have created special tribunals at Guantanamo in Cuba to crack down on terrorists. [...]
[...] The annual reports of Amnesty International, FIDH and HRW's talk about the violation of human rights in case of retaliation for the actions of MLN. These reports also denounced the violations of human rights committed by the MLN. When the CS condemned the armed act of aggression perpetrated by Israel against Tunisian territory in 1985, seeking to destroy the PLO headquarters in Tunis, only the United States abstained. http://www.un.org/documents/ga/res/49/a49r060.htm http://www.un.org/documents/ga/res/51/a51r210.htm http://www.un.org/french/docs/sc/1999/99s1269.htm http://www.un.org/french/docs/sc/2001/res1368f.pdf http://www.un.org/french/docs/sc/2001/res1373f.pdf http://www.aidh.org/Biblio/Txt_trait-terr/Images/R 201377_2001.pdf% WEIL "General Course on Public International Law", Collected Courses, Academy of International Law in The Hague, Martinus Nijhoff Publishers The term "soft law" refers to the material content of the standard: we speak of "soft law", when in the presence of rules a provision which is weak and not binding. [...]
[...] Thus, the 1267 Committee may grant exemptions from certain states so they may ensure the basic needs of its peoples. By freezing the financial assets of individuals, the committee impairs the right of property guaranteed by Article 17 of the Universal Declaration of Human Rights. Thus, the European Court of Human Rights in its case reveals that a breach of property rights is not limited exclusively to an expropriation, and a denial of free disposition of property may also constitute such impairment . [...]
[...] The addition of CS in the fight against terrorism lies mainly in four resolutions. These are resolutions 1269 of 19 October 1999 September September , and 1377 of 12 November 2001 . These resolutions are crucial, firstly because they are breaking down international terrorism within the scope of Chapter 7 of the UN Charter, and secondly, because they surround the concept of terrorism and its consequences. It is therefore appropriate to briefly fly over these resolutions to try to understand the answers that can potentially be used in the future to reach a universal definition of terrorism. [...]
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