UN Security Council Resolution 1373: the substantive basis for a developing legal framework for the prevention and suppression of acts of terrorism

The original contribution of this thesis is to argue that UN Security Council Resolution 1373 has formed the basis for a developing legal framework for the preventing and suppression of acts of terrorism. The absence of a single definition of the term “terrorism” led to 12 separate UN counter-terrorism conventions being adopted, each of which criminalised a specific act of terrorism. The gaps in implementing all 12 conventions by Member States meant that perpetrators could evade prosecution and escape extradition in countries where the acts were not criminalised. Resolution 1373 led to a change in the behaviour of Member States in terms of an increase in the implementation of the 12 pre-existing UN counter terrorism conventions. The focus of this thesis is the implementation of paragraphs 3(d) and 3(e) of Resolution 1373 which called upon Member States to become party to and implement the 12 pre-existing UN counter terrorism conventions. Resolution 1373 could not compel Member States to implement the conventions. This research uses three case studies to show the laws that Member States adopted as a result of implementing paragraphs 3(d) and 3 (e). This is a departure from the existing literature, much of which focused on the Security Council’s use of Chapter VII to adopt the resolution. Following an international law methodology, this thesis reinterprets an international legal framework to include rules, norms, laws, conventions, as well as processes carried out by national or international organisations. It shows Resolution 1373 has produced three elements common to all legal frameworks: 1) it developed an international standard for the criminalisation of specific acts of terrorism; 2) it created a process of implementation and compliance; and 3) the process is invoked through a global network of institutions. Subsequently, the standard has transitioned into a norm on the basis of consensual compliance from Member States that considered it legitimate to be able to prosecute or extradite the perpetrators of these acts. Resolution 1373 has changed how international law is used to support the coordination of Member States to prevent and suppress acts of terrorism.

Name dc:type.qualificationname

phd

Level dc:type.qualificationlevel

doctoral

Grantor dc:publisher.institution

University of Greenwich

Year dc:date.issued

2019

Author dc:creator

• Hewitt, Louise

Advisors dc:contributor.advisor

• Martin-Ortega, Olga
• Haines, Steven

• HV Social pathology. Social and public welfare
• KZ Law of Nations

Language dc:language

en