ABSTRACT
This chapter discusses the legitimacy of the counter-terrorism system set up by the Security Council (SC) and to shed some light on it, taking into account the issue of the conditions under which a lex specialis rule may derogate from a universal one. It gives attention to the assessment of the legitimacy of the SC counter-terrorism system in the light of the minimum standards required for the protection of human rights. The chapter draws on the right to due process of law that general acts of the UN and judicial practice have stated as being non-derogable, even during a state of emergency. It emphasizes that, apart from certain statements of principle, in concrete cases in which the question has emerged, the International Court of Justice (ICJ) has extensively interpreted its powers in not hesitating to exercise power of control on Council decisions, acting as a global Court.
