A partnership to counter international terrorism: The un security council and the un member states

Studies in Conflict and Terrorism

Volumn 34, Issue 11, 2011, Pages 843-861

  Messmer, William B ^a   Yordán, Carlos L ^a  

^a DREW UNIVERSITY   (United States)

Author keywords

[No Author keywords available]

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EID: 84859019041     PISSN: 1057610X     EISSN: 15210731     Source Type: Journal    
DOI: 10.1080/1057610X.2011.611932     Document Type: Article

References (88)

1. Karin von Hippel, "Improving the International Response to the Transnational Terrorist Threat," in Jane Boulden and Thomas Weiss, eds., Terrorism and the UN: Before and After September 11 (Bloomington: Indiana University Press, 2004), pp. 108-111.
2. and Ilias Bantekas, "The International Law of Terrorist Financing," American Journal of International Law 97(2) (2003), pp. 315-316.
3. and Martin S. Navias, "Finance Warfare as a Response to International Terrorism," Political Quarterly, 73(s1) (2002), pp. 60-62.
4. In 2001, states were required to ratify 12 conventions dealing with terrorism-related activities. The 13th convention was completed in 2005 and states have to also ratify it.
5. John B. Taylor, Global Financial Warriors (NewYork:W.W.Norton, 2007).
6. Bruce Hoffman, Inside Terrorism, 2nd edition (New York: Columbia University Press, 2006).
7. and Richard Clarke, Against all Enemies: Inside America's War on Terror (New York: Free Press, 2004).
8. For exceptions, see, for instance: Kathryn Gardner, "Fighting Terrorism the FATF Way," Global Governance: A Review of Multilateralism and International Organizations 13(3) (2007), pp. 325-345.
9. Anne L. Clunan, "U.S. and International Reponses to Terrorist Financing," in Jeanne K. Giraldo and Harold A. Trinkunas, eds., Terrorism Financing and State Responses: A Comparative Perspective (Palo Alto, CA: Stanford University Press, 2007), pp. 274-275.
10. Bantekas, "The International Law of Terrorist Financing".
11. and Navias, "Finance Warfare as a Response to International Terrorism."
12. Harris O. Schoenberg, Combating Terrorism: The Role of the United Nations (New York: Center for UN Reform Education), pp. 85-87.
13. Edward Luck, "The US, Counterterrorism, and a Multilateral Alternative," in Boulden and Weiss, eds., Terrorism and the UN, p. 83.
14. Chantal Oudraat, "The Role of the Security Council," in Boulden and Weiss, eds., Terrorism and the UN, pp. 163 and 166.
15. Alistair Millar and Eric Rosand, Allied Against Terrorism: What's Needed to Strengthen Worldwide Commitment (New York: Century Foundation Press, 2006), pp. 16-17 and 25.
16. Andrea Bianchi, "Assessing the Effectiveness of the UN Security Council's Anti-terrorism Measures: The Quest for Legitimacy and Cohesion," European Journal of International Law 17(5) (2006), pp. 881-919.
17. A recent critical view was offered by Martin Scheinin, Special Raporteur to the General Assembly, Promotion and Protection of Human Rights and Fundamental Freedoms while Countering Terrorism. Available at http://www.un.org/sc/ctc.
18. or UN Document: A/65/258. A notable exception to this critical systemic perspective is found in Hilde Kramer and Steve Yetiv, "The UN Security Council's Response to Terrorism: Before and After September 11, 2001," Political Science Quarterly 122(3) (2007), pp. 409-432.
19. Oudraat, "The Role of the Security Council," pp. 164-166.
20. Millar and Rosand, Allied Against Terrorism, p. 4.
21. Cited in Edward Luck, UN Security Council: Practice and Promise (New York: Routledge, 2006), p. 108.
22. See, for example, ibid., pp. 109-110.
23. Borrowing from sociological analyses, a system is defined as "any set or group of elements or parts (e.g. an organism or machine) organized for a definite purpose and in relation to an external environment."
24. For more on this definition see, "System" in David Jary and Juli Jar, eds., Collins Dictionary of Sociology, 2nd edition (London: HarperCollins Publishers, 1995), p. 675.
25. Kramer and Yetiv, "The UN Security Council's Response to Terrorism," p. 421.
26. Luck, UN Security Council: Practice and Promise, pp. 95-101.
27. David Cortright and George Lopez, The Sanctions Decade: Assessing UN Strategies In the 1990s (Boulder, CO: Lynne Reiner, 2000).
28. Luck, UN Security Council: Practice and Promise, pp. 109-110.
29. UN Security Council, "Resolution 1368," S/RES/1368, 12 September 2001, para. 1. Available at http://daccessdds.un.org/doc/UNDOC/GEN/N01/533/82/PDF/N0153382.pdf?OpenElement
30. See, UN Charter, Chapter VII, Article 51.
31. For a similar reading of Resolution 1368, see: Bardo Fassbender, "The UN Security Council and International Terrorism," in Andrea Bianchi with Yasmin Naqvi, ed., Enforcing International Law Norms Against Terrorism (Portland, OR: Hart Publishing, 2004), pp. 87-89.
32. Oudraat, "The Role of the Security Council," p. 160.
33. UN Security Council, "Resolution 1368."
34. UN Security Council, "Resolution 1373," S/RES/1373, 28 September 2005. Available at http://daccessdds.un.org/doc/UNDOC/GEN/N01/557/43/PDF/N0155743.pdf?OpenElement
35. Ibid., para. 2.
36. Ibid., para. 6.
37. It was established by UN Security Council, "Resolution 1535," S/RES/1535 (26 March 2004). Available at http://daccessdds.un.org/doc/UNDOC/GEN/N04/286/41/PDF/N0428641.pdf?OpenElement
38. For more information on the CTC's and CTED's composition and objectives, see http://www.un.org/sc/ctc/aboutus.html.
39. For an organizational chart of the CTC and the CTED. refer to http://www.un.org/sc/ctc/documents/CTEDorgchart.pdf
40. Information on this Committee can be found at http://www.un.org/sc/committees/1267/index.shtml
41. Information on the 1540 Committee is available at http://www.un.org/sc/1540
42. This is based on various interviews with staff at the CTC, the CTED, and the UN Secretariat, from 2006 to 2011. Sometimes the private tone of CTC/CTED personnel is that of frustration and complaint about the fact that they are to operate without absolute insistence that their view must prevail with the states.
43. Eric Rosand, "Security Council Resolution 1373, the Counter Terrorism Committee, and the Fight Against Terrorism," American Journal of International Law 97(2) (2003), pp. 93-94.
44. UN Security Council, "Resolution 1377," S/RES/1377 (12 November 2001). Available at http://daccessdds.un.org/doc/UNDOC/GEN/N01/633/01/PDF/N0163301.pdf?OpenElement
45. To see this Matrix, refer to http://www.un.org/sc/ctc/matrix/mindex.html. For a recent discussion of the technical aid process and the role of the CTC/CTED.
46. see http:/www.un.org/sc/ctc and find CTC report to the Security Council: S/2010/616.
47. Country visits have become a staple feature of CTED activities, and help not only states, but New York-based staff efforts, providing them with useful experiences to inform their own work, as well as face to face contacts in the member states. For information on these visits see http://www.un.org/sc/ctc.
48. and see especially the CTC report submitted to the Security Council: S/2010/616. For information on best practices. see http://www.un.org/sc/ctc/practices.html.
49. Information on PIAs may also be found here.
50. For more information on this Task Force, see http://www.un.org/terrorism/cttaskforce.shtml.
51. Also for a discussion of Human Rights concerns and the UN's counterterrorism efforts, see E. J. Flynn, "The Security Council's Counter-Terrorism Committee and Human Rights," Human Rights Law Review, 2007 (Oxford University), pp. 1-14. Personal discussion also occurred with E. J. Flynn in April 2008.
52. See for instance, the Financial Action Task Force's nine special recommendations on terrorism financing. To access more information, on these recommendations, see http://www.fatfgafi. org/document/9/0,2340,en3225037932236920340320731111,00.html.
53. For a good analysis of the FATF's work, see Kathryn Gardner, "Fighting Terrorism the FATF Way."
54. It is important to note that the CTC/CTED try to balance between the UN's transparency rules and states' desire for secrecy. While states' reports to the CTC/CTED are publicly available, the CTC/CTED's responses are confidential.
55. UN Security Council, "Resolution 1373," S/RES/1373 (2001), para. 6.
56. In addition, in 2006, the Security Council passed Resolution 1624 ordering all states to adopt laws criminalizing the incitement of terrorism and requiring states to send supplementary reports to the CTC/CTED on their plans to fulfill this obligation. By September 2007, the CTC/CTED received 84 reports. For more information.
57. see UN Security Council, "Resolution 1624," S/RES/1624 (14 September 2005). Available at http://daccessdds.un.org/doc/UNDOC/GEN/N05/510/52/PDF/N0551052.pdf?OpenElement
58. The following is a link to the reports: http://www.un.org/sc/ctc/countryreports.shtml
59. In fact, China submitted five reports, while France, Russia, and the United States handed in four. For copies, refer to note 37.
60. E-mail exchange with a CTED official (17 March 2011).
61. The public reports, press conferences, and other writings of related UN officials give little indication of such problems with states. For example.
62. see Joel Sollier, The United Nations Security Council and the Effort to Combat Money Laundering and the Financing of Terrorism (a personal manuscript of a senior CTED official), pp. 6-8. An English language copy can be obtained from the authors of the present article.
63. David Cortright, "Can The UN Battle Terrorism Effectively?," USA Today, January 2005.
64. Keith Krause, "Facing the Challenge of Small Arms: The UN and Global Security Governance," p. 31.
65. Andrew Mack and Kathryn Furlong, "When Aspiration Exceeds Capability: The UN And Conflict Prevention," p. 72.
66. and Ramesh Thakur, "Developing Countries and the Intervention- Sovereignty Debate," p. 204.
67. all of which are found in Richard M. Price and Mark W. Zacher, The United Nations and Global Security (New York: Palgrave MacMillan, 2004).
68. Kramer and Yetiv, "The UN Security Council's Response to Terrorism," pp. 415-416.
69. Sollier, The United Nations Security Council, p. 8.
70. UN Treaty Collection Database. Available at http://treaties.un.org/pages/UNTSOnline.aspx?id=1 (accessed in 10 March 2011).
71. Taylor, Global Financial Warriors, p. 12.
72. Navias, "Finance Warfare as a Response to International Terrorism," pp. 57-58.
73. Indeed, the Bush administration made it clear that the passage of the USA PATRIOT Act brought the United States into compliance with Resolution 1373's demands.
74. See, for instance, Beth Elise Whitaker, "Compliance Among Weak States: Africa and the Counter-Terrorism Regime," Review of International Studies, 36(3) (2010), pp. 639-662.
75. Carlos L. Yordán, "Enacting Counter Terrorism Financing Laws in the UAE and Bahrain: The Fusion of Global Pressures, Regional Dynamics, and Local Interests," Ninth Mediterranean Research Meeting, European University Institute (Florence, Italy: March 2008). Available at http://ssrn.com/abstract=1288629.
76. Alice Hills, "Trojan Horses? USAID, Counter-Terrorism and Africa's Police," Third World Quarterly 27(4) (2006), pp. 629-643.
77. and Kim Lane Schepple, "Other People's Patriot Acts: Europe's Responses to September 11," Loyola Law Review 50(1) (2004), pp. 89-148.
78. Sollier, The United Nations Security Council, p. 8.
79. On the financing of the 9/11 terrorist attacks, see: National Commission on Terrorist Attacks Upon the United States, "Monograph on Terrorist Financing-Staff Report to the Commission" (2004). Available at http://govinfo.library.unt.edu/911/staff statements/911TerrFin Monograph.pdf
80. See Article 2 of the International Convention for the Suppression of the Financing of Terrorism (1999). Available at http://www.un.org/law/cod/finterr.htm
81. The following sources were used to construct this table: Country Reports to the CTC/CTED.
82. Moyara de Moraes Ruehsen, "Arab Government Responses to the Threat of Terrorist Financing," in Jeanne K. Giraldo and Harold A. Trinkunas, eds., Terrorism Financing and State Responses: A Comparative Perspective (Palo Alto, CA: Stanford University Press, 2007), pp. 158-159.
83. Bureau for International Narcotics and Law Enforcement Affairs, International Narcotics Control Strategy Report-Vol. II Money Laundering and Financial Crimes (Washington, DC: US Department of State, 2010). Available at http://www.state.gov/p/inl/rls/nrcrpt/2010/index.htm
84. For example, Bahrain's antiterrorism law, enacted in 2006, uses the IOC's definition. See U.S. Department of State, U.S. Department of State Country Reports on Terrorism 2006-Bahrain, 30 April 2007. Available at http://www.unhcr.org/refworld/docid/4681086d28.html
85. For more information, on the Egmont Group's ascension process, refer to http://www.egmontgroup.org/files/libraryegmontdocs/procedureforbeingrecognised.pdf
86. Based on interviews with executives of financial institutions and government regulators in Dubai, UAE in December 2007.
87. Clunan, "U.S. and International Reponses to Terrorist Financing," pp. 274-275.
88. For a copy of this document, refer to http://www.oic-un.org/26icfm/c.html