and freezing terrorists’ assets. It also requires states to take law-enforcement steps to ensure that terrorist activity is prevented, and to co-operate and provide assistance in terrorist
investigations.
Resolution 1373 requires that states shall:
Ensure that any person who participates in the financing, planning, preparation or perpetration of terrorist acts or in supporting terrorist acts is brought to justice and ensure that, in
addition to any other measures against them, such terrorist acts are established as serious
criminal offences in domestic laws and regulations and that the punishment duly reflects the
seriousness of such terrorist acts.46
The resolution requires all states to “exchange information in accordance with international
and domestic law and co-operate on administrative and judicial matters to prevent the commission of terrorist acts”. The resolution also has consequences for asylum law. States are
urged to “ensure, in accordance with international law, that refugee status is not abused by
the perpetrators, organisers or facilitators of terrorist acts”. Finally, the resolution calls on
all states to become party as soon as possible to the relevant international instruments on
terrorism.
Resolution 1373 seeks to influence national law and practice in requiring particular domestic
action, including legislative measures. The resolution established a committee of the Security
Council, the Counter-terrorism Committee (CTC), to monitor compliance with and implementation of the resolution. States are required to submit reports to the Committee detailing
their compliance with Resolution 1373 within 90 days of its adoption.
Resolution 1373 does not attempt to define terrorism. Instead, the obligation is on each member state of the UN to apply its own laws against terrorism effectively and therefore maintains
member states’ sovereignty in their own jurisdiction to establish a definition of terrorism.
Additionally, in 1999 the UN introduced “designation” as part of its sanctions framework
against the Taliban. “Designation” is a mechanism whereby organizations and people can be
listed, with consequent restrictions such as travel bans and asset freezing, if they are considered to be engaged with terrorism or its promotion. After 11 September 2001, the UN
extended its sanctions framework against the Taliban to all groups and individuals associated
with Al Qaida. The UN list requires the freezing of assets and resources connected to the
designated groups and individuals. States are obliged to refrain from “providing any form of
support, active or passive” to “entities or persons involved in terrorist acts.” 47
The role of human rights at the Counter-terrorism Committee
The CTC is composed of the members of the Security Council and is mandated to review
measures taken by states to prevent and to punish acts of terrorism. The Security Council is
not a human rights body, but as an organ of the UN it is required to act compatibly with the
UN Charter and human rights standards, and including with ius cogens norms. Resolution
46 UN Security Council Resolution 1373 of 28 September 2001, doc. S/RES/1373 (2001), para. 2(e).
47 This issue of the freezing of assets, proscription and the designation of entities is dealt with below in detail at pages
77, 191-195 and 249-250.
36
Countering Terrorism, Protecting Human Rights
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