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Fear's Legal Dimension: Counterterrorism And Human Rights

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Chapter Summary

The Security Council (SC) acts as a lawmaker by enacting general and abstract rules imposing on States obligations aimed at preventing and punishing terrorism-related offences. By the same resolution the SC also creates a subsidiary organ, the Counter-Terrorism Committee (CTC), entrusted with the task of monitoring the implementation by States of the obligations laid down in the resolution. The state of anxiety permeating the societal body and institutional structures favoured the creation of the 'external enemy' category. A specific phenomenon that counterterrorism policies have generated is legal indeterminacy in respect of some measures adopted to fight against international terrorism. Legal indeterminacy references the fairly heterogeneous set of measures, encroaching on fundamental human rights, the legal foundation of which is lacking or remains uncertain.

Keywords: Counter-Terrorism Committee (CTC); counterterrorism; legal indeterminacy; Security Council (SC)



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