International law and the fight against terrorism

When discussing terrorism, one should keep in mind a number of issues. One of them is the concept of self-defence. Basically the point is about the lawful use of force by States against an individual or groups of individuals that are recognised as representing, planning or preparing to carry out a serious armed threat. Linked to the concept are the notions of gravity, imminence, and pre-emptive action as well as the measured use of force.

The UN has spent quite a bit of its time looking at these matters. There are two Security Council Resolutions that provide most of the legal basis for the response by States to terrorism. One, UN Security Council Resolution 1368 (2001) was approved in the aftermath of the 9/11 acts. The other – UNSC Resolution 1373 (2004) – authorises States “to take steps to prevent the commission of terrorist acts”.

As the discussion goes on and taking into consideration new developments, such as the drone strikes, it would be appropriate to review these resolutions and maybe adopt a more comprehensive one. The call for legal basis for action should be taken back to the UN Security Council.