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Securing Human Rights? Exploring the Impact of the United Nations Security Council on Changing Norms Surrounding Counter-Terrorism

by Virginia Clarke

Institution: University of Ottawa
Year: 2017
Keywords: Counter-Terrorism; Human Rights; Kadi; United Nations Security Council; Terrorism
Posted: 02/01/2018
Record ID: 2192568
Full text PDF: http://hdl.handle.net/10393/36814


Abstract

This thesis argues that a tension exists between a new individualized norm of security within the counter-terrorism context and human security framework of the United Nations Security Council, focusing on the implications of the resolution 1267 counter-terrorism regime. This topic is of particular relevance as the threat of terrorism continues to grow and evolve. While the human security framework has been well studied, the individualization of security through counter-terrorism is a more recent development, and its tensions and implications have not been fully considered. This thesis uses a discourse analysis in order to demonstrate that counter-terrorism is constructed as a norm, and that there has been a shift in norms within the UN Security Council in relation to counter-terrorism and human rights. It will trace how a set of norms has emerged in order to make terrorism a part of the Security Councils agenda, and how and why these have changed. In order to trace these norms, terrorism has been separated into two stages: state-sponsored and international terrorism, where terrorism was viewed as a threat stemming from state-governments and; transnational terrorism, where it was viewed as a trans-border threat arising from individuals. Within these stages, the objectives, targets and tools of the Councils counter-terrorism policies will be studied in order to demonstrate how they work together to reinforce a norm. The analysis will be used to show how the case of Kadi v. Council and Commission came about in the transnational terrorism stage as a direct result of the Security Councils counter-terrorism regime and its alleged breach of human rights. The Kadi case demonstrates that a tension does exist between the norm of individualization of security within the counter-terrorism context and the human security framework.

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