Skip navigation

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

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

Hewitt, Louise (2019) UN Security Council Resolution 1373: the substantive basis for a developing legal framework for the prevention and suppression of acts of terrorism. PhD thesis, University of Greenwich.

[img]
Preview
PDF
Louise Hewitt 2019 - secured.pdf - Published Version
Available under License Creative Commons Attribution Non-commercial No Derivatives.

Download (2MB) | Preview

Abstract

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.

Item Type: Thesis (PhD)
Uncontrolled Keywords: Prevention of terrorism, UN counter terrorism conventions, international legal framework,
Subjects: H Social Sciences > HV Social pathology. Social and public welfare
K Law > KZ Law of Nations
Faculty / Department / Research Group: Faculty of Liberal Arts & Sciences
Faculty of Liberal Arts & Sciences > School of Law & Criminology (LAC)
Last Modified: 03 Sep 2020 16:43
Selected for GREAT 2016: None
Selected for GREAT 2017: None
Selected for GREAT 2018: None
Selected for GREAT 2019: None
Selected for REF2021: None
URI: http://gala.gre.ac.uk/id/eprint/29546

Actions (login required)

View Item View Item

Downloads

Downloads per month over past year

View more statistics