UN Security Council resolution 1373

UN Security Council Resolution 1373
Date:	September 28, 2001
Meeting:	4385
Identifier:	S / RES / 1373 ( document )

Poll:	Pro: 15 Ent. : 0 Cons: 0
Object:	Threat to international peace and security from terrorist attacks
Result:	Accepted

Composition of the Security Council 2001:
Permanent members:
China People's Republic CHN FRA GBR RUS USAFrance United Kingdom Russia United States
Non-permanent members:
Bangladesh BGD COL IRL JAM MLIColombia Ireland Jamaica Mali
Mauritius MUS NOR SGP TUN UKRNorway Singapore Tunisia Ukraine


Terrorist attacks on September 11, 2001 in the USA

The Resolution 1373 was on September 28, 2001 by the United Nations Security Council in response to the terrorist attacks of September 11 passed the 2,001th It strongly condemns the attacks on the World Trade Center and the Pentagon and obliges the member states of the United Nations to act against international terrorism by all means in accordance with the Charter of the United Nations . The resolution also emphasizes the inherent right of all states to individual and collective self-defense, which is laid down in the Charter.

The United States legitimized their war against the Taliban - regime in Afghanistan with reference to this self-defense clause in the Resolution 1368 of the UN Security Council . This use of the resolution as legitimation for war is very controversial under international law and has negative effects on the principle of the prohibition of violence. The resolution obliges all states to criminalize all kinds of terrorist activities and even their mere support. To this end, the states are given specific measures, such as fighting the financing of terrorism or refusing to shelter terrorists. The resolution is binding for all states and, with its specifications, interferes with the national legislation of the states. Such a far-reaching procedure has not previously been used in any other resolution (see UN resolution ).

Resolution 1373, on the other hand, takes general action against the threat of international terrorism and prescribes the necessary general measures. It has a completely new quality of Security Council resolutions, since it does not - as is usual - issue sanctions against a country, but rather obliges all states to amend or supplement their national law. With resolution 1373, the Security Council effectively enacts international law and acts as a 'world legislator'.

To monitor and promote the implementation of the measures, the resolution sets up the Counter-Terrorism Committee (CTC), a regular committee of the Security Council, which is composed of all its members. Resolution 1373 obliges all states to submit a report to the committee within 90 days of its entry into force listing the existing national counter-terrorism laws. Furthermore, this first report should contain the planned steps to implement the measures set out in resolution 1373. Reports on the progress in the implementation process must be submitted to the committee at further 90-day intervals. This evaluates the reports and makes recommendations to the states for better implementation. Participation in reporting by the states was extraordinarily high (Cortright 2005). If the implementation of the specified measures exceeds the financial or administrative capacities of a state, it can obtain support from the CTC. The committee does not help the states itself, but organizes aid among the states. To expand the limited capabilities of the CTC, the Security Council established the Counter-Terrorism Committee Executive Directorate (CTED) in 2004 . It is integrated into the CTC and expands its human and financial resources.

In 2004 the Security Council passed Resolution 1540 , with which it once again became active as a 'World Legislator'. The resolution tries to prevent the proliferation of weapons of mass destruction ( proliferation (armaments) ), especially to non-state actors, and to this end enacts measures that must be integrated into their national law by all states.

President Bush's decision of February 7, 2002 to deny the Taliban combatant status and thus to restrict the validity of international martial law is today largely seen as legally unjustified.

Web links

Resolution 1373 (2001) (English), resolution in German translation (PDF; 2.8 MB)
UN Action to Counter Terrorism (English)

Individual evidence

↑ Chantal de Jounge Oudraat: The Role of the Security Council. In: Jane Boulden, Thomas G. Weiss (Ed.): Terrorism and the UN. Bloomington 2004, p. 160.
↑ Geir Ulfstein: Terrorism and the Use of Force. In: Security Dialogue. 34, 2, p. 155.
^ Stefan Talmon: The Security Council as World Legislature. In: The American Journal of International Law. Vol. 99, no. 1, Jan. 2005, p. 180.
^ Stefan Talmon: The Security Council as World Legislature. In: The American Journal of International Law. Vol. 99, no. 1, Jan. 2005, p. 175.
↑ The War in Afghanistan. A Legal Analysis . In: Michael Schmitt (Ed.): International Law Studies . No. 85 . Naval War College, Newport, RI 2009, p. 247 ff .

[1] Chantal de Jounge Oudraat: The Role of the Security Council. In: Jane Boulden, Thomas G. Weiss (Ed.): Terrorism and the UN. Bloomington 2004, p. 160.

[2] Geir Ulfstein: Terrorism and the Use of Force. In: Security Dialogue. 34, 2, p. 155.

[3] Stefan Talmon: The Security Council as World Legislature. In: The American Journal of International Law. Vol. 99, no. 1, Jan. 2005, p. 180.

[4] Stefan Talmon: The Security Council as World Legislature. In: The American Journal of International Law. Vol. 99, no. 1, Jan. 2005, p. 175.

[5] The War in Afghanistan. A Legal Analysis . In: Michael Schmitt (Ed.): International Law Studies . No. 85 . Naval War College, Newport, RI 2009, p. 247 ff .