Letteratura scientifica selezionata sul tema "State-sponsored terrorism – law and legislation"
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Articoli di riviste sul tema "State-sponsored terrorism – law and legislation"
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Kochoi, Samvel M. "Transformation of Russian counter-terrorism law in the context of globalization". Vestnik Tomskogo gosudarstvennogo universiteta. Pravo, n. 43 (2022): 69–85. http://dx.doi.org/10.17223/22253513/43/6.
Testo completoAbstract (sommario):
The article shows the creation and development of modern antiterrorism legislation in the Russian Federation. It is noted that the period of its formation coincided with the involvement of the post-Soviet Russian Federation in the process of globalisation, an inherent feature of which is the integration and unification of the legal systems and national legislations of individual states. According to the author, convergence of national anti-terrorist legislation of those states involved in countering transnational, global international terrorist organizations, such as the Islamic State banned in the Russian Federation, seems particularly important. The process of adjustment of the Russian national legal system to needs of counteraction to terrorism (external and internal), its transformation both taking into account features of the international, and foreign legal experience of counteraction to terrorism is considered. The current strengthening of responsibility for terrorist crimes in the Criminal Code of the Russian Federation in many cases should be seen as a manifestation of global trends in combating terrorism. Not only the tightening of sanctions for terrorist activity, but also the addition of new anti-terrorist norms to the Criminal Code of the Russian Federation is proposed to be regarded as one of the results of integration processes in national law. Despite the steps taken to transform Russian counter-terrorism legislation, its approximation and integration with international and foreign law, the process of globalisation in this field is not complete. It is concluded that the transformation of the Russian Federation's anti-terrorism law (the relevant counter-terrorism legislation and the relevant criminal law norms) must be continued in order to further its involvement in the effective counter-terrorism response in general - international law in the first place. Terrorism has long ceased to be perceived as a local threat, so the internationalisation of counter-terrorism is one of the manifestations of globalisation in law. However, globalisation, which is a catalyst for the convergence of legal systems and national legislations, does not mean that the transformation of national law must necessarily lead to the dismantling of legal institutions and traditions successfully applied in the practice of law enforcement agencies and courts of states. The author declares no conflicts of interests.
2
Ефремов, Андрей, e Andrey Efremov. "THE DEVELOPMENT OF THE USA LEGISLATION ON THE FIGHT AGAINST TERRORISM AFTER 11 SEPTEMBER 2001". Journal of Foreign Legislation and Comparative Law 3, n. 3 (10 luglio 2017): 86–92. http://dx.doi.org/10.12737/article_593fc343c391e2.71878517.
Testo completoAbstract (sommario):
The article is devoted to development of the USA legislation on the fight against terrorism. The author considered the objectives and tasks of the state in a particular historical period; analyzed the laws passed by the USA Congress aimed at combating home and international terrorism; identifies the main directions of the state policy of the USA in the field of counter-terrorism. The article covers the events after 11 September 2001 to the present. The author gives a brief overview of the events of 11 September 2001, discusses the Patriot Act and other laws, aimed at combating terrorism. The Patriot Act allows the Federal Bureau of Investigation to intercept telephone, verbally and electronic communications relating to terrorism, computer and mail fraud; introduces special measures to combat money-laundering; expands immigration rules, in particular, mandatory requirement of detention of persons suspected of terrorism appeared; reveals the procedure of multilateral cooperation to combat terrorism, strengthening measures to investigate terrorist crimes; established rewards for information on terrorism; introduces the procedure of identification of DNA of persons charged for committing terrorist crimes or any violent crime; introduced the concept of domestic terrorism and Federal crimes of terrorism, the prohibition on harboring terrorists and material support; there is a new crime — terrorist and other acts of violence against public transportation systems. The law abolished for the statute of limitations for crimes of terrorist orientation. In 2002 5 laws wer adopted: “Homeland Security Act of 2002”, “Maritime Transportation Security Act of 2002”, “Aviation and Transportation Security Act“, “Public Health Security and Bioterrorism Preparedness and Response Act of 2002”, “Terrorism Risk Insurance Act of 2002”. The Palestinian Anti-Terrorism Act was adopted in 2006. This law restricted the financial assistance to the Palestinian national authority; Haqqani Network Terrorist Designation Act of 2012 included the Haqqani Network in the list of international terrorist organizations; the political act of refusal of admission to the United States representative to the United Nations, because he was accused of the occupation of the espionage or terrorist activities against the United States and poses a threat to the national security interests of the United States.
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Kokoeva, Louisa, Angelina Kolieva e Yaroslav Garmyshev. "Improvement of Terrorism-Related Criminal Liability". Всероссийский криминологический журнал 13, n. 1 (26 febbraio 2019): 125–31. http://dx.doi.org/10.17150/2500-4255.2019.13(1).125-131.
Testo completoAbstract (sommario):
The authors use international experience to review main trends in improving terrorism-related criminal liability in Russia, analyze key international legal acts as well as Russian laws that form the basis for counteracting terrorism. They state that the federal law «On Counteracting Terrorism» eliminated a number of legal problems and contradictions in the counter-terrorism legislation and practice of counter-terrorism work. The authors pay attention to specific modern features of terrorist acts, including the use of the Internet technologies to recruit potential criminals. They study problems in international counter-terrorism cooperation. The authors note that the legal basis for counteracting terrorism at the municipal level is far behind the regional and federal levels and suggest how legislation for terrorism-related crimes and their subject composition could be improved. They show that it is necessary to hold close relatives of terrorists responsible for crimes against public safety if their knowledge about the crime or aid to criminals has been proven. It is noted that it is necessary to strengthen the system of preventive measures aimed at determining the causes and conditions contributing to terrorism. The role of special services in preventing terrorist attacks should decline while the impact of educational institutions, public organizations, the church and mass media should increase. Besides, the authors note that victimological influence is very promising for improving the effectiveness of terrorism counteraction and suggest making a number of amendments in the current Russian criminal legislation.
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Prakasa, Satria Unggul Wicaksana. "Involvement of the Indonesian National Military (TNI) in Legislation about Anti-Terrorism:". Journal of Southeast Asian Human Rights 5, n. 1 (14 giugno 2021): 63. http://dx.doi.org/10.19184/jseahr.v5i1.18469.
Testo completoAbstract (sommario):
Changes in the international humanitarian legal system in a global context have shifted, as the first war identified with an inter-state ceasefire. Today, the war party is not only a state but also the aftermath of the 9/11 tragedy marked by non-state war actors, a terrorist attack. In Indonesia, the issue of terrorism becomes a serious concern after the first Bali Bombing, the second Bali Bombing, and other terrorist tragedies. Lately, the discourse of TNI involvement in the eradication of terrorism in Indonesia through the formation of the Anti-Terrorism Act. According to the issue, the research problems are (1) TNI's authority elements to combat terrorism in the Indonesian legal system; (2) the International humanitarian law system regulates the involvement of the military on combating terrorism. The results of the study are (1) after the fall of New Order regime in 1998, the dual function of ABRI (Indonesian Armed Forces during Suharto's era) had dissolved, and this implied the limited authority of TNI to maintain the unitary state of the Republic of Indonesia (NKRI) sovereignty at the border. The authority of the TNI on combating terrorism, following Act No.34, 2004 section 7 articles (3) about TNI, mentions that the fight against terrorism deals with criminal methods. Except for war aggression, related to terrorism that threatens the State sovereignty and not against terrorism that occurs in the community on the Anti-Terrorism Act. If TNI wants to be involved in combating terrorism, it must be following the 1945 constitution, of which terrorism is part of non-international armed conflict, in which the power of command is in the hands of the President.
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Adarkwah, Samuel Boadi. "Counter-Terrorism Framework and Individual Liberties in Ghana". African Journal of International and Comparative Law 28, n. 1 (febbraio 2020): 50–65. http://dx.doi.org/10.3366/ajicl.2020.0301.
Testo completoAbstract (sommario):
Does the flow of legislation arising from the United Nations Security Council's Resolution 1373 framework create rule-of-law and other issues of liberty for individuals in emerging democracies? This article examines the surveillance and other counter-terrorism laws created by Ghana, a Member State of the United Nations, in response to its international law obligation to combat terrorism. The article finds that significant tension exists between the government's attempt to implement legislation for the detection and suppression of terrorist acts and the rule of law and the enjoyment of individual freedoms and liberties in Ghana.
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Mits, Denis. "The Anti-Terrorist Function of the State and the Problem of “Preventive” Coordination". Legal Concept, n. 3 (ottobre 2019): 50–55. http://dx.doi.org/10.15688/lc.jvolsu.2019.3.7.
Testo completoAbstract (sommario):
Introduction: the new legal institutions and technologies in the field of counter-terrorism are a matter of great importance for the theory of state and law; in this connection the author of the paper set the aim to study the formation, evolution and unification of this legal trend. Methods: the methodological framework for this study is a set of methods of scientific knowledge, among which the main ones are the methods of systematicity and analysis. Results: the author’s point of view grounded in the work is based on the antiterrorist legislation and the opinion of the competent scientific community on the issue of improving the antiterrorist function of the state at a discrete level (with a set of values for different sets of legal arguments) and the regulatory level (with a set of qualitative values of parameters of all the criteria). Based on the legal analysis of the anti-terrorist function of the state, the most popular are the coordination of the fight against terrorism and coordination to minimize the harmful consequences of terrorist manifestations. The topical blocks of issues are raised: I. features of the function system: 1) coordination preventive antiterrorist technology, 2) coordination and human will, 3) international law and selfdefense; II. transformation of terrorism manifestations and conceptual approach to counter- terrorism: 1) international self-defense, 2) modernization of statehood, 3) complex character of prevention; III. appropriateness of anti-terrorist reaction: 1) optimal prevention, 2) legal phenomena, 3) law and legislation. Conclusions: the study revealed the role of the coordination preventive anti-terrorist technology. It is established that due to the complexity of the legal registration of preventive tools and many unresolved related matters it is not possible to highlight the effective coordination of terrorism prevention in modern conditions.
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N.V., Morozov, Gubina A.M. e Kotelyanets O.S. "The Legal Status of Auditors and Audit Organizations in the AML / CFT system". KnE Social Sciences 3, n. 2 (15 febbraio 2018): 512. http://dx.doi.org/10.18502/kss.v3i2.1584.
Testo completoAbstract (sommario):
Money laundering has become an increasing concern to law makers in recent years, principally because of its association with terrorism. Recent legislative changes mean that auditors may become state law enforcement agencies in the private sector. We examine this legislation in terms of the changing nature of the relationship between auditors and the state and the aggregate of supervision within which it is located. According to the Resolution of the Government of the Russian Federation of February 16, 2005 No. 82 [2], all lawyers, notaries and auditors are obliged to inform the state of any suspicious transactions of their clients. Keywords: money laundering, terrorist financing, auditors, audit organizations.
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L.P., Samofalov, e Samofalov O.L. ". Problems of legal regulation of combatinig terrorism and prevention of terrorist acts". Scientific Herald of Sivershchyna. Series: Law 2020, n. 2 (18 dicembre 2020): 84–92. http://dx.doi.org/10.32755/sjlaw.2020.02.084.
Testo completoAbstract (sommario):
The article addresses to the study of problematic issues of legal regulation of combating terrorism and the prevention of terrorist acts. The current state of crime prevention by terrorist groups is comprehensively analyzed. It is established that the range of subjects of anti-terrorist activity is not provided by the current legislation and the corresponding shortcomings that arise during the combating terrorism. It is established that the legal basis for the fight against terrorism is the Constitution of Ukraine, the Criminal Code of Ukraine, the Law of Ukraine "On Combating Terrorism", other laws of Ukraine, the European Convention on the Suppression of Terrorism of 1977 year, the International Convention for the Suppression of Terrorist Bombings of 1997 year, the International Convention on the Fight against Terrorist Financing in 1999 year, other international treaties of Ukraine approved by the Verkhovna Rada of Ukraine, decrees of the President of Ukraine, resolutions and orders of the Cabinet of Ministers of Ukraine, as well as other regulations adopted to implement the laws of Ukraine. Among the normative legal acts regulating relations in the field of counter-terrorism, one of the prominent places has the Law of Ukraine "On Prevention and Counteraction to Legalization (Laundering) of the Proceeds of Crime, Terrorist Financing and Financial Proliferation of Weapons of Mass Destruction" dated 14 October, 2014. It is proved that among the factors that negatively affect the effectiveness of the investigation of terrorist crimes, the leading place is taken by insufficiently balanced and unfounded state criminal law policy, which over the past few years has gradually lost its state character, becoming hostage to permanent political confrontation. There are many cases of unsystematic and scientifically unsubstantiated changes in certain provisions of the Criminal Code of Ukraine. Key words: terrorism, terrorist act, terrorist operation, crimes, subjects, criminal liability.
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Kochoi, Samvel, e Ameen Hasan. "Countering Terrorism in Iraq: Law and Practice". Всероссийский криминологический журнал 13, n. 1 (26 febbraio 2019): 94–102. http://dx.doi.org/10.17150/2500-4255.2019.13(1).94-102.
Testo completoAbstract (sommario):
After several years of fighting the international terrorist organization «Islamic State», the anti-terrorist coalitions headed by the Russian Federation and the USA managed to tip the scale in their favor in 2017. There is extensive research on how different countries counteract this most well-known of all modern international terrorist organizations. However, as Western criminologists note (Alex Braithwaite, Shane D. Johnson), there are very few empirical works that study the causes of decline and growth of terrorist activities as well as the emergence and disappearance of hot spots in Iraq itself during the American military campaign. On the whole, the overview of publications has revealed (Gary LaFree, Joshua D. Freilich) that out of over than 20 thousand articles on terrorism published between 1971 and 2004, only seven were devoted to empirical (criminological) research, while others dealt with the psychology of terrorism. The situation started to change in recent years and a large number of empirical (criminological and criminal law) studies of terrorism has been published, which is connected with the growing financial support of such research by national research foundations and state departments (for example, the Department of Homeland Security and the Department of Defense in the USA). Thus, about 100 books devoted to such studies have been annually published in the USA in the last decade. As for Russian criminal law policy, this article is one of the few devoted to countering terrorism in the motherland of «Islamic State» – in Iraq. The authors analyze Iraqi anti-terrorism legislation, in particular, Law № 13 of 2005, draw attention to an excessively wide definition of terrorism that it contains, conclude that its clause of analogy is incompatible with the principle of legality and argue that this normative act is one of the most drastic anti-terrorism laws in the world. The authors believe that an important direction in fighting terrorism is the decision of Iraqi authorities to establish a special tribunal for terrorist crimes, such as genocide against the Yazidis, and criminal prosecution of perpetrators who are outside Iraq, including those in Russian territory. They prove that the terrorist crimes against «infidels», qualified by many specialists and international organizations as crimes against peace and humanity, should mainly be the subject of proceedings in an independent court body of the international community.
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Pokrzywiński, Paweł. "Izraelskie ustawodawstwo antyterrorystyczne wobec zagrożeń XXI wieku". Przegląd Bezpieczeństwa Wewnętrznego 13, n. 24 (2021): 91–109. http://dx.doi.org/10.4467/20801335pbw.21.004.13561.
Testo completoAbstract (sommario):
Artykuł ma na celu przedstawienie założeń Prawa zwalczania terroryzmu uchwalonego w 2016 r. w Izraelu w zakresie definiowania i, zwalczania terroryzmu oraz sankcjonowania przestępstw z nim związanych. Autor ukazuje izraelską percepcję tych zagrożeń uwidaczniającą się w nowym ustawodawstwie. Zostanie ona zestawiona z przepisami obowiązującymi wcześniej, aby pokazać, jak zmieniało się postrzeganie tych zagadnień przez rządzących i jakie zmiany wprowadziło nowe prawo. W tym celu autor zastosuje metodę instytucjonalno-prawną i metodę porównawczą różnicy, a także skorzysta z teorii sekurytyzacji. Przeprowadzona analiza pozwoli mu na stwierdzenie, że z perspektywy rządzących terroryzm jest nadal uważany za główne zagrożenie Państwa Izrael. Prawo z 2016 r. wprowadziło możliwość zastosowania wielu środków nadzwyczajnych w ramach przeciwdziałania temu zjawisku. To pokazuje, że partie, które je uchwaliły, mają jastrzębie spojrzenie na kwestie związane z walką z terroryzmem. Israeli counter-terrorist legislation against the threats of the 21st century The aim of the article is to present objectives of the Israeli Counter-Terrorism Law passed in 2016. The author examines the way of defining and combating terrorism, and the penalty measures related to criminal activity linked with it. Thus, the author shows the Israeli authorities’ perception of threat connected with terrorism. The previous counter-terrorist law is compared with the new one to demonstrate the modification of the vision of security. The article seeks to answer the question what changes and views have been implemented by the new law. To achieve those aims the author used the comparison method and an analysis of the law and the securitization theory. It allowed to state that terrorism is still regarded by Israeli politicians as the main threat for the State of Israel and its citizens. The amended law allowed for the use of many emergency measures. Overall, it exhibits a hawkish stance towards combating terrorism of parties which amended the law.
Tesi sul tema "State-sponsored terrorism – law and legislation"
1
Siles, Vallejos Abraham. "The anti-terrorist fighting in Peru: legal black holes, gray holes and the arduous constitutional way. Peruvian lessons for the war on global terrorism". Pontificia Universidad Católica del Perú, 2015. http://repositorio.pucp.edu.pe/index/handle/123456789/115663.
Testo completoAbstract (sommario):
This paper examines the anti-terrorist strategy developed by Peru from the paradigm of the constitutional rule of law. One expression of this counter-insurgency fight was the nearly permanent establishment of states of emergency and the adoption of criminal emergency laws, which are critically analyzed, because they led to serious results on fundamental rights. In that sense, it is shown, with severe concern, the establishment by the Peruvian Government of legal “black holes” and “gray holes” at the expense of victims of enforced disappearance. The author concludes by assessing the position of the courts and the challenge they have in elaborating a democratic and constitutional model for combating terrorism.El presente trabajo examina, desde el paradigma del Estado constitucional de derecho, la estrategia antiterrorista que desarrolló el Perú. Una de las expresiones de esta lucha antisubversiva fue la instauración casi permanente de los regímenes de excepción y la aprobación de las leyes penales de emergencia, las cuales son analizadas críticamente, pues propiciaron graves afectaciones a los derechos fundamentales. En ese sentido, se muestra, con grave preocupación, la creación por parte del Estado peruano de«agujeros negros» y «agujeros grises» legales en desmedro de las víctimas de desaparición forzada. Finaliza el autor haciendo un balance de la postura de los órganos jurisdiccionales y el reto que tienen en la construcción del modelo democrático y constitucional de lucha contra el terrorismo.
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Teixeira, Júnior Geraldo Alves 1984. "Razão de Estado e política antiterrorismo nos Estados Unidos". [s.n.], 2011. http://repositorio.unicamp.br/jspui/handle/REPOSIP/280911.
Testo completoAbstract (sommario):
Orientador: Roberto Romano da SilvaTese (doutorado) - Universidade Estadual de Campinas, Instituto de Filosofia e Ciências Humanas
Made available in DSpace on 2018-08-19T03:37:55Z (GMT). No. of bitstreams: 1 TeixeiraJunior_GeraldoAlves_D.pdf: 12974491 bytes, checksum: ef0f7aec2f638114c9a64bcca5d6be1e (MD5) Previous issue date: 2011
Resumo: O pensamento sobre a razão de Estado pode ser dito fundamental para a política moderna, já que seu desenvolvimento inicial coincide com o do próprio surgimento do Estado. Onde crescia a razão de Estado, crescia o Estado, que por sua vez fomentava aquela política. Acusada de ocorrer à revelia da moral, essa circularidade e o acúmulo de poder que ela envolve foi certamente responsável por consolidar o Estado como instituição quaseuniversal. A consolidação das instituições estatais não extinguiu, contudo, a razão de Estado, que como técnica de poder ou como pretensa racionalidade superior acompanhou os distintos momentos da política. A presente pesquisa examina inicialmente o contexto histórico e intelectual que originou o pensamento sobre a razão de Estado a fim de permitir uma visão panorâmica do tema na teoria política. Após o estudo histórico discorre-se sobre os diversos elementos que compõem este tema e analisa-se os modos pelos quais eles operam na prática política. Nesta primeira parte são utilizados diversos textos de reconhecidos estudiosos do pensamento político, como Friedrich Meinecke, Carl J. Friedrich, Quentin Skinner e Michel Senellart, mas recorre-se também diretamente aos textos históricos de Nicolau Maquiavel, Giovanni Botero, Thomas Hobbes e Gabriel Naudé. No estágio seguinte aplica-se o estudo inicial a um caso concreto. São estudadas algumas ações políticas e jurídicas do governo dos Estados Unidos, assim como leis criadas para combater o terrorismo, notavelmente aquelas que entraram em vigor após os ataques que o país sofreu em 11 de setembro de 2001. Antes de abordar o ponto central recupera-se fatores históricos que influenciaram os rumos do Estado americano e alguns eventos que constituem precedentes importantes da política antiterror. Após a devida contextualização, o trabalho centra-se na análise de uma lei de 2001, o Patriot Act, e nas ações estatais que ela possibilitou nos anos seguintes. Na segunda parte do trabalho utiliza-se, além de textos acadêmicos, artigos jornalísticos, documentos oficiais do governo americano, textos de leis, jurisprudência e relatórios e declarações de setores da sociedade civil e de comentadores de temas jurídicos. O exame da doutrina da razão de Estado, aplicado ao caso específico dos Estados Unidos no referido contexto corrobora a tese, pormenorizada no capítulo conclusivo, de que as recentes formas de combate ao terrorismo recuperam e fortalecem o pensamento sobre a razão de Estado, agora na situação particular dos Estados liberais-democráticos
Abstract: Reason of State theories might be considered fundamental to modern politics for its beginning occurs together with the emergence of States themselves. Where reason of State was rising, it helped the State growth that, in turn, stimulated reason of State policies. Criticized for having put aside moral concerns, such circularity and the accumulation of power it produces may be pointed as an important cause leading to the consolidation of the State as a quasi-universal institution. Nonetheless, the States did not extinguished reason of State after being consolidated. As techniques or as a specific rationality it was adapted for each new context of politics. This work starts by investigating the historical and intellectual context that gave birth to reason of State in order to show a panoramic view of the theme in the political theory. After the historical study I analyse several elements which constitutes reason of State and I present how they operate in political practice. For this first part several texts of recognized academics of political thought are used, such as Friedrich Meinecke, Carl J. Friedrich, Quentin Skinner and Michel Senellart, but I also resort to the historical texts of Niccolo Machiavelli, Giovanni Botero, Thomas Hobbes and Gabriel Naudé. At the next stage the previous study is applied to a concrete case. I analyse political and judicial actions of the American government and some legislation created to combat terrorism, particularly those that went in force after the attacks the country suffered on September 11, 2001 (9/11). Before dealing with the main point I present historical events which have influenced the course of the United States politics and some important precedents of the anti-terror policies. After proper contextualization the study is focused on the 2001 law called Patriot Act and on the state actions it has authorized in the years that followed its creation. In the second part, besides academic texts and news articles, I make use of official documents, statute texts, judicial cases, reports and declarations of civil society organizations and of legal themes' commentators. The study of reason of State doctrine applied to the specific case of the United States at the mentioned context corroborates the thesis addressed at the conclusive chapter stating that the recent anti-terror policies revive and strengthen reason of State thought, now acting at the particular situation of liberal democracies
Doutorado
Filosofia
Doutor em Filosofia
3
Drouvot, Laurent. "Etude historique du droit antiterroriste français depuis 1986". Electronic Thesis or Diss., Toulon, 2023. http://www.theses.fr/2023TOUL0160.
Testo completoAbstract (sommario):
Depuis la loi du 9 septembre 1986 relative au terrorisme, l’autorité publique fran1taise s'est dotée d'une loi tout a fait singulière pour lutter contre un phénomène qu'on qualifiera de récurent dans l'histoire fran1taise. II s'agissait, a travers une telle loi au moment de son vote en tout cas de faire échec au phénomène terroriste et ce a un moment de tension politique qu'il faisait peser sur l’État a l'origine de cette création législative. On soulignera que la loi indiquée se situait dans une perspective purement judiciaire offrant a la foi un dispositif tout a fait rigoureux dans la répression avec en outre une forme de bienveillance si l'on juge par l'existence de son dispositif visant les repentis. La phase policière comme juridictionnelle s' est dotée avec cette loi d'un appareil juridique désormais robuste apte à endiguer la menace terroriste. L’intérêt d’étudier !'aspect de la lutte antiterroriste depuis la création de cette loi matrice à la base de l’étude permet de lister à la suite de celle-ci l'affirmation d'un grand nombre de loi antiterroriste qui ont remodelé sans aucun doute la vision sur la matière. Ainsi, à un système à la base de sa création purement judiciaire et surtout éminemment rétrospectif, !'évolution du phénomène terroriste et surtout la culture du martyr particulièrement dans l'évolution du terrorisme d'origine moyen-oriental, a orienter le législateur sous le poids d'évènements dramatiques à se focaliser de plus en plus sur l'aspect préventif de la menace. C'est ainsi que subrepticement la phase pré-judiciaire a pris de l'ampleur pour anticiper le phénomène et ou le renseignement a dès lors prospéré. En effet, de multiples lois ont évolué vers l'aspect pré-infractionnel pour pouvoir endiguer les évènements avant même leurs survenances. Une telle évolution n'est pas neutre dans la garantie du respect des libertés publiques dues aux citoyens et ce alors même qu'un activisme législatif sur le sujet ne semble souffrir d'aucune critique de césarisme puisqu'il s'agit de garantir ici la protection du peuple face à la violence aveugle. Une telle évolution connaitra sa consécration avec la réactivation de la loi du 3 avril 1955 relative à l’État d'urgence qui au moment du terrorisme sunnite faisant vaciller la nation française récemment aboutira à de multiple prolongation d'un tel régime dérogatoire de gestion des libertés publiques avec tous ses corollaires de restrictions. La loi du 30 octobre 2017 viendra ensuite couronner ce retour du droit administratif dans la lutte puisqu'elle consacrera des éléments techniques de l’État d'urgence dans le droit commun. La survenance peu de temps après de la crise sanitaire perturbera dans la foulée grandement dans un état de stress permanent la vie démocratique française sur un sujet cette fois sanitaire de restrictions des libertés publiques une nouvelle fois, on constatera des prises de décisions à ce sujet en dehors du parlement avec le conseil de défense. Ainsi, la lutte antiterroriste aujourd'hui emprunte deux voies, d'une part le volet judiciaire quand l'acte eu lieu comme à l'époque de la loi matrice mais d'autre part surtout la voie administrative quand il s'agit de rechercher les risques de passage à l'acte terroriste. L'une comme l'autre de ces législations subissent un contrôle du droit conventionnel comme européen, situation garantissant une forme de protection des citoyens. Cette protection assurée par ce que l'on désigne par l’État de droit subi actuellement des critiques à l'heure ou les gouvernements sont dans des phases de précarités et ont pris goût à des législations sui generisSince the law of September 9, 1986 on terrorism, the French public authority has adopted a very unique law to fight against a phenomenon that will be described as recurrent in French history. It was, through such a law at the time of its vote in any case to defeat the terrorist phenomenon and this at a time of political tension that it weighed on the State at the origin of this legislative creation. Tt should be noted that the law indicated was situated in a purely judicial perspective offering both a completely rigorous device in repression and also a form of benevolence if we judge by the existence of it device aimed at repentants. Both the police and the jurisdictional phase have been equipped with this law with a now robust legal apparatus capable of stemming the terrorist threat. The interest in studying the aspect of the fight against terrorism since the creation of this matrix law on which the study is based makes it possible to list after it the assertion of large number of anti-terrorist laws which have undoubtedly remodeled the vision on matter. Thus, to a system at tq.e base of its purely judicial creation and above all eminently retrospective, the evolution of the terrorist phenomenon and especially the culture of the martyr particularly in the evolution of terrorism of Middle Eastern origin, to direct the legislator under the weight dramatic events to focus more and more on the preventive aspect of the threat. This is how surreptitiously the pre-judicial phase grew to anticipate the phenomenon and where intelligence therefore flourished.Indeed, many laws have evolved towards the pre-offence aspect in order to be able to stem events even before they occur. Such a development is not neutral in guaranteeing respect for the public freedoms due to citizens, even though legislative activism on the subject does not seem to suffer from any criticism of Caesarism since it is a question of guaranteeing the protection of the people against indiscriminate violence. Such an evolution will know its consecration with the reactivation of the law of April 3, 1955 relating to the state of emergency which, at the time of Sunni terrorism which recently rocked the French nation, will lead to multiple extensions of such a derogatory regime for the management of civil liberties with all its corollaries of restrictions. The law of October 30, 2017 will then crown this return of administrative law to the fight since it will enshrine technical elements of the state of emergency in common law. The occurrence shortly after of the health crisis will greatly disrupt French democratic life in a state of permanent stress on a subject this time health of restrictions of publie freedoms once again, we will see decision-making on this subject in outside Parliament with the Defense Council. Thus, the fight against terrorism today has two paths, on the one hand the judicial aspect when the act took place as at the time of the matrix law but on the other hand above all the administrative path when it is a question of seeking the risk of a terrorist act. Both of these laws are subject to conventional and Europea law control, a situation guaranteeing a form of protection for citizens. This protection provided by what is referred to as the rule of law is currently being criticized at a time when governments are in precarious phases and have taken a liking tc sui generis legislation
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Malone, Chad Allen. "A Socio-Historical Analysis of U.S. State Terrorism from 1948 to 2008". University of Toledo / OhioLINK, 2008. http://rave.ohiolink.edu/etdc/view?acc_num=toledo1216592463.
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DELERUE, François. "State-sponsored cyber operations and international law". Doctoral thesis, 2016. http://hdl.handle.net/1814/43904.
Testo completoAbstract (sommario):
Defence date: 9 November 2016Examining Board: Professor Nehal Bhuta, European University Institute (EUI Supervisor); Professor Jean d’Aspremont, University of Manchester; Professor Marco Roscini, University of Westminster; Professor Joseph H. H. Weiler, European University Institute & New York University
This doctoral dissertation investigates the wide range of conceptualizations and categorizations that are applicable to state-sponsored cyber operations. State-sponsored cyber operations, namely recourse to cyber means by one State against another, are generally labelled 'cyber warfare'. This is neither a legal nor a prescriptive term; it reflects, however, a disproportionate focus on the realm of warfare. Avoiding hasty or overly simplistic characterizations of situations as cyber warfare is important to avoid further deterioration of their relations leading potentially to military escalation. This dissertation defines state-sponsored cyber operations according to international law and demonstrates that the majority of these incidents fall outside of the realm of (cyber) warfare and, therefore, need to be addressed separately and approached differently. Most state-sponsored cyber operations do not actually violate the prohibition of the use of force or the law of armed conflict, but rather they impinge the territorial sovereignty of the targeted States, the principle of nonintervention, or human rights. Cyber warfare is only the tip of the iceberg. An entire world lies submerged: cyber operations below the threshold of cyber warfare. While the emerged part concerning cyber warfare is well-studied and widely known, this thesis endeavours to shed light on the submerged, and arguably bigger, part that has been understudied and is less known. Parts I and II map the circumstances in which state-sponsored cyber operations violate international law. They demonstrate inter alia that most cyber operations remain under the threshold of cyber warfare, while they may constitute a breach of territorial sovereignty, the principle of non-intervention or even human rights law in most cases. Part I also analyzes the duty of diligence of third States. Part III deals with the attribution of cyber operations, analysing the attribution to the machine, to the human perpetrator, and focusing more specifically on the attribution to the sponsoring State. Part IV focuses on the consequences of an internationally wrongful cyber operation, mainly the obligations deriving from the law of State responsibility, and the remedies to address it, notably the recourse to self-defence, retorsion and countermeasures.
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Kgosietsile, Madume. "Protection against torture in international law". Diss., 2015. http://hdl.handle.net/10500/19200.
Testo completoAbstract (sommario):
This limited scope dissertation deals with the protection against torture in international law. The mechanisms which have been established over the years to protect individuals against torture are analysed. The principles of international customary law dealing with torture and the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (UNCAT) have been examined against the failure by States to honour their obligations under the Treaty and other legal normative rules. This required deep exploration of the definition of torture and how States can compromise the rule of law by manipulating the definition of torture as contemplated by the Treaty or other instruments. Examples from the former US government highlight the ways in which domestic laws can be used and are continued to be used to allow the use of torture. Measures by South Africa in joining the international community in the fight against torture are also discussed as a case study. While all efforts have been made by the South African system to adopt desirable frame works on the protection of individuals against torture, the lack of education on torture remains the down fall of the system. The dissertation clearly explains that universal jurisdiction applies in respect of torture and this is recognised by both treaty law and customary law. Indeed despite all the current measures in place the use of torture persists. The research clearly reveals that countries hide behind their own laws to perpetrate acts of torture. It is then recommended that proper implementation of the legal structures, informed of the objectives of the structures, is essential in completely eradicating torture.Public, Constitutional, and International Law
LLM
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Balint, Jennifer. "In the name of the state : genocide, state crime and the law". Phd thesis, 2001. http://hdl.handle.net/1885/148646.
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Alexander, Deanna W. "How could this happen? a constructivist analysis of reactive state terrorism at Ruby Ridge /". 2001. http://scholar.lib.vt.edu/theses/available/etd-04202001-163258.
Testo completoLibri sul tema "State-sponsored terrorism – law and legislation"
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Bruno, Simma, a cura di. Transnational terrorism and state accountability: A new theory of prevention. Oxford, United Kingdom: Hart Publishing, 2012.
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Bustos, Juan Fernando Cristo. La guerra por las víctimas: Lo que nunca se supo de la ley. Bogotá, Colombia: Ediciones B, 2012.
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United States. Congress. House. Committee on International Relations. H.R. 3107: Markup before the Committee on International Relations, House of Representatives, One Hundred Fourth Congress, second session, on H.R. 3107, March 21, 1996. Washington: U.S. G.P.O., 1996.
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United States. Congress. House. Committee on Financial Services. Subcommittee on Capital Markets, Insurance, and Government Sponsored Enterprises. The need to extend the Terrorism Risk Insurance Act: Field hearing before the Subcommittee on Capital Markets, Insurance, and Government Sponsored Enterprises of the Committee on Financial Services, U.S. House of Representatives, One Hundred Tenth Congress, first session, March 5, 2007. Washington: U.S. G.P.O., 2007.
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United States. Congress. House. Committee on International Relations. Subcommittee on the Middle East and Central Asia. Enforcement of the Iran-Libya Sanctions Act and increasing security threats from Iran: Hearing before the Subcommittee on the Middle East and Central Asia of the Committee on International Relations, House of Representatives, One Hundred Eighth Congress, first session, June 25, 2003. Washington: U.S. G.P.O., 2003.
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Lubell, Noam. Extraterritorial use of force against non-state actors. Oxford: Oxford University Press, 2010.
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Dabone, Zakaria. Le droit international public relatif aux groupes armés non étatiques. Genève: Université de Genève, Faculté de Droit, 2012.
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Murphy, Karen. State security regimes and the right to freedom of religion and belief: Changes in Europe since 2001. Abingdon, Oxon: Routledge, 2013.
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Serbia. Restitucija, rehabilitacija i svojina. Beograd: Intermex, 2012.
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Aleh, Dzi͡a︡rnovich, a cura di. Rėabilitatsyi͡a︡: Zbornik dakumentaŭ i narmatyŭnykh aktaŭ pa rėabilitatsyi akhvi͡a︡raŭ palitychnykh rėprėsii͡a︡ŭ, 1920-1980-kh hadoŭ u Belarusi. Minsk: Athenæum, 2001.
Cerca il testo completoCapitoli di libri sul tema "State-sponsored terrorism – law and legislation"
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Rossi, Norma. "Extremely Loud and Incredibly Close: Criminal Terrorism and Exceptional Legislation in Italy". In Law, Security and the State of Perpetual Emergency, 107–32. Cham: Springer International Publishing, 2020. http://dx.doi.org/10.1007/978-3-030-44959-9_5.
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Khamzaev, Dilaver. "Regionalisation of International Initiatives: Case Study of the Eurasian Group on Combating Money Laundering and Financing of Terrorism (EAG)". In International Political Economy Series, 113–40. Cham: Springer Nature Switzerland, 2024. http://dx.doi.org/10.1007/978-3-031-55341-7_5.
Testo completoAbstract (sommario):
AbstractThe Eurasian Group on Combating Money Laundering and Financing of Terrorism (EAG), as a Financial Action Task Force (FATF)–style regional body (FSRB), synchronises national legislations across Central Asia to combat money laundering and financing terrorism through FATF mechanisms, aiming to eliminate external stresses on large economies. However, the hardening of FATF’s soft law approach through establishing power relationships with international organisations and several states, as well as mutual evaluation practices has been questioned given the imposition of minority interests on the majority through involvement in FATF activities. But, the role of individual states in FSRB activities, which directly coordinates the anti-money laundering and combating the financing of terrorism (AML/CFT) regime in the region, has received scant scholarly attention. Thus, using open-source data from the official EAG website and its mutual evaluation reports, I evaluated the level of participation of member-states in its activities. My analysis revealed the dominance of one state (the Russian Federation) in EAG activities, despite the presence of other economically strong member-states (China and India). This chapter shows that flexible FATF governance practices, aimed at synchronising national AML/CFT legislation, can enable dominant economies to influence regional territories aligned with their geopolitical interests.
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Hazel, Fox, e Webb Philippa. "Part II The Sources of the Law of State Immunity, 8 US Law: The Foreign Sovereign Immunities Act 1976". In The Law of State Immunity. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198744412.003.0009.
Testo completoAbstract (sommario):
This chapter provides an account of the codification of the restrictive doctrine of State immunity by the Foreign Sovereign Immunities Act 1976 (the FSIA), which has been amended several times since its adoption. It includes a brief description of the jurisdiction of federal courts under the FSIA and describes the FSIA's major provisions. This overview also includes a summary of other legislation under which, despite the bar of State immunity, proceedings against officials of foreign States or against designated State sponsors of terrorism may be instituted in US courts, and ends with an account of the US law of immunity from execution of State property.
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"Federal Law On Counteracting The Legalisation (Or Laundering) Of Revenues Received By Criminal Means And Financing Of Terrorism (7 August 2001, as amended)". In Russian Company And Commercial Legislation, a cura di W. E. Butler, 717–30. Oxford University PressOxford, 2003. http://dx.doi.org/10.1093/oso/9780199261529.003.0020.
Testo completoAbstract (sommario):
Abstract The present Federal Law is directed towards defence of the rights and legal interests of citizens, society, and the State by means of the creation of a legal mechanism to counteract the legalisation (or laundering) of revenues received by criminal means and the financing of terrorism [as amended by Federal Law of 30 October 2002].
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Blackbourn, Jessie, Fiona de Londras e Lydia Morgan. "The Practice and Potential of Counter-Terrorism Review". In Accountability and Review in the Counter-Terrorist State, 51–92. Policy Press, 2019. http://dx.doi.org/10.1332/policypress/9781529206234.003.0003.
Testo completoAbstract (sommario):
This chapter presents an in-depth analysis of the (statutory and non-statutory) reviews that are possible in respect of two key parts of counter-terrorism: Prevent, and Terrorism Prevention and Investigation Measures (TPIMs). In addition to describing the counter-terrorism review assemblage that attaches to Prevent and TPIMs, the chapter also identifies the reviews that have been undertaken over the five-year period from 1 January 2014 to 31 December 2018. For each of these, it includes a consideration of the standards against which these reviews evaluated the law or programme, identified by close textual analysis of the reviews themselves. This analysis shows that, in spite of the persistent reliance on review as a safeguard in counter-terrorism legislation, Parliament’s historical tendency not robustly to challenge security narratives from Government is remarkably resilient. While these mandated reviews do take place (and non-mandated or discretionary reviews seem to be less frequent), their success in evaluating the measures, engaging in reality, and showing capacity for action is questionable.
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Yıldırım, Zeki. "Suç ve Ceza Siyaseti Bakımından Af ve Terör Suçları". In Karşılaştırmalı Hukukta ve Türk Hukukunda Terörizm, Terör Suçları ve İnfaz Hukuku Cilt 3, 361–422. Türkiye Bilimler Akademisi, 2023. http://dx.doi.org/10.53478/tuba.978-625-8352-91-7.ch13.
Testo completoAbstract (sommario):
The 'crime and punishment policy' is a science that aims to prevent crimes, combat them, employ certain preventive and punitive methods, and ensure the continuous restoration of societal peace and trust after a crime has been committed. It involves identifying factors contributing to the crime, attempting to eliminate them, and studying how the offender can be reintegrated into society. Every state has the right, in terms of crime and punishment policy for public order, to define certain acts as crimes and determine a specific punishment for these acts. In addition to the right to impose penalties, the state also has the right to grant amnesty to the offender under certain conditions. Institutions for both punishing and granting amnesty to offenders are important aspects to be examined in terms of crime and punishment policy. Therefore, we observe that the institution of amnesty is included in the constitutions and penal codes of many countries today. Responses provided through Criminal Law and penalties against crime should be based not on a 'panic legislation,' but on a clear crime policy. As long as it does not lead to an unconstitutional practice, the utilization of the authority granted to the Legislative body for the transition through extraordinary periods, especially for the establishment of the rule of law and the maintenance of public order, peace, and security, in consensus on the benefits of crime and punishment policy, based on the principles of criminal law, can serve the aims of criminal law. From the Republic to the present day, our country has brought up the issue of amnesty as a necessity in different periods, in different fields, including terrorism crimes, and has enacted approximately 56 amnesty laws by exercising this authority derived from the Constitution. Especially regarding terrorism crimes, significant debates have taken place both in favor of and against the amnesty from the past to the present. Besides being a matter of ethics, it is noteworthy that the amnesty is of interest to various disciplines, including religious, philosophical, political, social, particularly constitutional, criminological, and criminal law sciences. In this regard, in this paper, we will specifically address and examine the amnesty in terms of crime and punishment policy, especially in the context of terrorism crimes.
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d’Orsi, Cristiano. "Combating Terrorism and Managing Asylum Seekers and Refugees under AU Law". In The Emergent African Union Law, 231–47. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780198862154.003.0013.
Testo completoAbstract (sommario):
This chapter focuses on the interrelation between terrorism in Africa and ongoing efforts of the African Union (AU) to protect vulnerable individuals such as asylum seekers and refugees from this phenomenon. Despite notable legislative efforts and strategic initiatives to prevent or curb the spreading of terrorism on the continent, not enough has been done. This chapter provides an analytical assessment of the legal and policy situation on the continent. Recommendations are then made on how to reduce the escalating terrorist activity and corresponding fatalities in Africa within an AU law framework. The need for urgent action is underlined by the fact that in the first nine months of 2019, African terrorist attacks resulted in 335 fatalities in the Mopti region (Mali), 240 fatalities in Ituri province (Democratic Republic of Congo), 150 fatalities in Borno State (Nigeria), 136 fatalities in Mogadishu (Somalia), and 128 fatalities in Khartoum (Sudan).
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Barton, Mary S. "State-Sponsored Terror, 1934–37". In Counterterrorism Between the Wars, 152–78. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780198864042.003.0007.
Testo completoAbstract (sommario):
Clandestinely supported by Italian and Hungarian authorities, Balkan terrorists assassinated King Alexander I of Yugoslavia and French Foreign Minister Jean Louis Barthou on October 9, 1934, in Marseilles, France. The brazen political murders caused a diplomatic crisis and prompted the League of Nations Conference for the International Repression of Terrorism, which produced two treaties in 1937: the Convention for the Prevention and Punishment of Terrorism and the Convention for the Creation of an International Criminal Court. The treaties defined terrorism in international law and included provisions to regulate arms trafficking and fraudulent passports. Only the British Government of India ratified the Terrorism treaty. Neither of the treaties had entered into force by the time of the September 1938 Munich Conference in which the Great Powers ceded the Czech Sudetenland to Adolph Hitler and placed the fate of peacetime Europe in the hands of the Führer.
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Kitsos, Panagiotis, e Aikaterini Yannoukakou. "Privacy in the 21st Century". In Standards and Standardization, 1638–52. IGI Global, 2015. http://dx.doi.org/10.4018/978-1-4666-8111-8.ch075.
Testo completoAbstract (sommario):
The events of 9/11 along with the bombarding in Madrid and London forced governments to resort to new structures of privacy safeguarding and electronic surveillance under the common denominator of terrorism and transnational crime fighting. Legislation as US PATRIOT Act and EU Data Retention Directive altered fundamentally the collection, processing and sharing methods of personal data, while it granted increased powers to police and law enforcement authorities concerning their jurisdiction in obtaining and processing personal information to an excessive degree. As an aftermath of the resulted opacity and the public outcry, a shift is recorded during the last years towards a more open governance by the implementation of open data and cloud computing practices in order to enhance transparency and accountability from the side of governments, restore the trust between the State and the citizens, and amplify the citizens' participation to the decision-making procedures. However, privacy and personal data protection are major issues in all occasions and, thus, must be safeguarded without sacrificing national security and public interest on one hand, but without crossing the thin line between protection and infringement on the other. Where this delicate balance stands, is the focal point of this paper trying to demonstrate that it is better to be cautious with open practices than hostage of clandestine practices.
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Mrvić Petrović, Nataša. "Materijalno krivično pravo Evropske unije i proces usklađivanja na primeru prava Republike Srbije". In 65 godina od Rimskih ugovora: Evropska unija i perspektive evropskih integracija Srbije, 73–89. Institute of Comparative Law, 2022. http://dx.doi.org/10.56461/zr_22.65godru.k1_mp.
Testo completoAbstract (sommario):
The paper analyzes the normative activities EU on the harmonization of the substantive criminal law, especially after the Treaty of Lisbon (2007–2009). The legal basis for EU competence in the field of substantive criminal law is Art. 83 of the Treaty on the Functioning of the EU (2016), but other legal bases are also used in practice. The result is the spontaneous development and expansion of the so-called secondary EU criminal law, which is decreasing only after 2017. The general part of EU criminal law has been developed only fragmentarily. Significant differences in ideology and criminal policy between the criminal legislations prevents complete harmonization with the EU law. Harmonization is vertical – the state is obliged to prescribe the minimal characteristics of a certain criminal offence (EU crime) and the corresponding sanctions. This compromises the criminal law’s coherence, especially in systems where a long legislative sentence is traditionally avoided. The example of the Republic of Serbia shows that in all legislative changes since 2009, have considered the need to harmonize with accepted international standards and the EU law, for example to prevent hate crimes, terrorism, human trafficking, corruption and economic crime. The author assesses that the change is conducted ad hoc, without the plan how to preserve the coherence of domestic criminal justice system and simultaneously provide for effective application of EU criminal law.
Rapporti di organizzazioni sul tema "State-sponsored terrorism – law and legislation"
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Lewis, Dustin, Radhika Kapoor e Naz Modirzadeh. Advancing Humanitarian Commitments in Connection with Countering Terrorism: Exploring a Foundational Reframing concerning the Security Council. Harvard Law School Program on International Law and Armed Conflict, dicembre 2021. http://dx.doi.org/10.54813/uzav2714.
Testo completoAbstract (sommario):
The imperative to provide humanitarian and medical services on an urgent basis in armed conflicts is anchored in moral tenets, shared values, and international rules. States spend tens of billions of dollars each year to help implement humanitarian programs in conflicts across the world. Yet, in practice, counterterrorism objectives increasingly prevail over humanitarian concerns, often resulting in devastating effects for civilian populations in need of aid and protection in war. Not least, confusion and misapprehensions about the power and authority of States relative to the United Nations Security Council to set policy preferences and configure legal obligations contribute significantly to this trajectory. In this guide for States, we present a framework to reconfigure relations between these core commitments by assessing the counterterrorism architecture through the lens of impartial humanitarianism. We aim in particular to provide an evidence base and analytical frame for States to better grasp key legal and policy issues related to upholding respect for principled humanitarian action in connection with carrying out the Security Council’s counterterrorism decisions. We do so because the lack of knowledge regarding interpretation and implementation of counterterrorism resolutions matters for the coherence, integrity, and comprehensiveness of humanitarian policymaking and protection of the humanitarian imperative. In addition to analyzing foundational concerns and evaluating discernible behaviors and attitudes, we identify avenues that States may take to help achieve pro-humanitarian objectives. We also endeavor to help disseminate indications of, and catalyze, States’ legally relevant positions and practices on these issues. In section 1, we introduce the guide’s impetus, objectives, target audience, and structure. We also describe the methods that we relied on and articulate definitions for key terms. In section 2, we introduce key legal actors, sources of law, and the notion of international legal responsibility, as well as the relations between international and national law. Notably, Security Council resolutions require incorporation into national law in order to become effective and enforceable by internal administrative and judicial authorities. In section 3, we explain international legal rules relevant to advancing the humanitarian imperative and upholding respect for principled humanitarian action, and we sketch the corresponding roles of humanitarian policies, programs, and donor practices. International humanitarian law (IHL) seeks to ensure — for people who are not, or are no longer, actively participating in hostilities and whose needs are unmet — certain essential supplies, as well as medical care and attention for the wounded and sick. States have also developed and implemented a range of humanitarian policy frameworks to administer principled humanitarian action effectively. Further, States may rely on a number of channels to hold other international actors to account for safeguarding the humanitarian imperative. In section 4, we set out key theoretical and doctrinal elements related to accepting and carrying out the Security Council’s decisions. Decisions of the Security Council may contain (binding) obligations, (non-binding) recommendations, or a combination of the two. UN members are obliged to carry out the Council’s decisions. Member States retain considerable interpretive latitude to implement counterterrorism resolutions. With respect to advancing the humanitarian imperative, we argue that IHL should represent a legal floor for interpreting the Security Council’s decisions and recommendations. In section 5, we describe relevant conduct of the Security Council and States. Under the Resolution 1267 (1999), Resolution 1989 (2011), and Resolution 2253 (2015) line of resolutions, the Security Council has established targeted sanctions as counterterrorism measures. Under the Resolution 1373 (2001) line of resolutions, the Security Council has adopted quasi-“legislative” requirements for how States must counter terrorism in their national systems. Implementation of these sets of resolutions may adversely affect principled humanitarian action in several ways. Meanwhile, for its part, the Security Council has sought to restrict the margin of appreciation of States to determine how to implement these decisions. Yet international law does not demand that these resolutions be interpreted and implemented at the national level by elevating security rationales over policy preferences for principled humanitarian action. Indeed, not least where other fields of international law, such as IHL, may be implicated, States retain significant discretion to interpret and implement these counterterrorism decisions in a manner that advances the humanitarian imperative. States have espoused a range of views on the intersections between safeguarding principled humanitarian action and countering terrorism. Some voice robust support for such action in relation to counterterrorism contexts. A handful call for a “balancing” of the concerns. And some frame respect for the humanitarian imperative in terms of not contradicting counterterrorism objectives. In terms of measures, we identify five categories of potentially relevant national counterterrorism approaches: measures to prevent and suppress support to the people and entities involved in terrorist acts; actions to implement targeted sanctions; measures to prevent and suppress the financing of terrorism; measures to prohibit or restrict terrorism-related travel; and measures that criminalize or impede medical care. Further, through a number of “control dials” that we detect, States calibrate the functional relations between respect for principled humanitarian action and countering terrorism. The bulk of the identified counterterrorism measures and related “control dials” suggests that, to date, States have by and large not prioritized advancing respect for the humanitarian imperative at the national level. Finally, in section 6, we conclude by enumerating core questions that a State may answer to help formulate and instantiate its values, policy commitments, and legal positions to secure respect for principled humanitarian action in relation to counterterrorism contexts.