Anti-terrorism resolutions: the Security Council’s threat to the UN system

Abstract

The United Nations Security Council’s anti-terrorism regime constitutes a serious threat to the legitimacy and unity of the United Nations system as a whole. Recent European Court of Justice jurisprudence emphasises that Security Council resolutions which breach human rights norms will not be enforced by member states. The Security Council has insufficient internal checks to ensure that it passes resolutions which sufficiently respect human rights norms. Judicial review is therefore required on the part of the International Court of Justice to ensure that the Security Council passes resolutions which remain effective and do not bring the United Nations system into disrepute.