ABSTRACT

This chapter examines the Security Council's legislative agenda in the field of counter-terrorism. It presents an overview of the different types of legislation the Council applies in its counter-terrorism campaign. The Security Council's targeted sanctions regime against al-Qaeda and the Taliban constitutes a mild form of legislation. To prevent and combat any act of terrorism, all UN member states had to fulfill the following far-reaching obligations all states were compelled to define terrorism as a serious criminal offense in their national legislation and assure that individuals involved in terrorism were brought to justice and punished with appropriate rigor. One might argue that Security Council legislation in the field of counter-terrorism has the consent of democratic states, or of all states that have signed and ratified the UN Charter. Regarding the 'comparative benefit' criteria 'epistemic-deliberative quality' and in the case of resolution 1267 and to a lesser extent, resolution 1373, 'minimal moral acceptability', shortcomings prevail.