Book contents
- 9/11 and the Rise of Global Anti-Terrorism Law
- Global Law Series
- 9/11 and the Rise of Global Anti-Terrorism Law
- Copyright page
- Contents
- Contributors
- Foreword
- Introduction
- Part I The Globalization of Anti-Terrorism Law: Theoretical Frameworks
- Part II Connecting the Global and the Local in Fighting Terrorism: Applications
- 6 Moving toward the Criminalization of “Pre-crime”
- 7 Secret Evidence in Civil Litigation against the Government
- 8 The Regulation of Intelligence Cooperation under International Law
- 9 Predictive Technologies and Opaque Epistemology in Counterterrorism Decision-Making
- 10 Removing Terrorist Content Online
- Conclusion
- Appendix: The UN Security Council and the Rule of Law: The Role of the Security Council in Strengthening a Rules-Based International System
- Index
6 - Moving toward the Criminalization of “Pre-crime”
The UN Security Council’s Recent Legislative Action on Counterterrorism
from Part II - Connecting the Global and the Local in Fighting Terrorism: Applications
Published online by Cambridge University Press: 01 July 2021
- 9/11 and the Rise of Global Anti-Terrorism Law
- Global Law Series
- 9/11 and the Rise of Global Anti-Terrorism Law
- Copyright page
- Contents
- Contributors
- Foreword
- Introduction
- Part I The Globalization of Anti-Terrorism Law: Theoretical Frameworks
- Part II Connecting the Global and the Local in Fighting Terrorism: Applications
- 6 Moving toward the Criminalization of “Pre-crime”
- 7 Secret Evidence in Civil Litigation against the Government
- 8 The Regulation of Intelligence Cooperation under International Law
- 9 Predictive Technologies and Opaque Epistemology in Counterterrorism Decision-Making
- 10 Removing Terrorist Content Online
- Conclusion
- Appendix: The UN Security Council and the Rule of Law: The Role of the Security Council in Strengthening a Rules-Based International System
- Index
Summary
Especially in the aftermath of 9/11, states’ counterterrorism efforts have increasingly sought to use criminal law preventively, by criminalizing conduct before a terrorist crime is committed, including preparatory acts, and acts that contribute or support terrorism such as financing or providing material support. While a preventive use of criminal law is not in itself problematic, basic principles of human rights law pose limits to its use. In this context, the current Chapter analyses recent legislative-type counterterrorist resolutions by the Security Council in the areas of criminalising "foreign terrorist fighters" and the financing of terrorism. It argues that in both Resolution 2178 (2014) and Resolution 2462 (2019) the Security Council has also increasingly moved towards the criminalization of conduct before a terrorist crime is committed. Such a move poses dangers not only for a number of international legal standards, but also for humanitarian workers operating in certain contexts, while a number of questions remain with regard to the application of these legal regimes and how they interact with the existent counter-terrorism architecture, in particular the proscription of terrorist organizations at the national level and the Security Council ISIL (Da'esh) & Al-Qaida Sanctions regime, as well as the work of the Financial Action Task Force (FATF).
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- 9/11 and the Rise of Global Anti-Terrorism LawHow the UN Security Council Rules the World, pp. 133 - 154Publisher: Cambridge University PressPrint publication year: 2021