Applicability of Security Council resolutions on terrorism in the domestic legal order (application to the situation in the UAE).

Document Type : Original Article

Author

College of Law – University of Sharjah

Abstract

One of the most prevalent phenomena at present time is the phenomenon of international terrorism, which targets international peace and security, threatens the stability of States and affects the security and tranquility of individuals. That is why the Security Council (United Nations) has adopted several resolutions to confront this phenomenon. These decisions need to be committed by States in order to have their effects within their domestic law, and States must implement and apply them internally and externally. Therefore, the main problem addressed by the research is: to what extent are States committed to implementing Security Council resolutions on terrorism in the domestic legal order, and how are Security Council resolutions on terrorism applicable in the domestic legal order?  In particular, in the UAE's domestic legal system? Thus, through this research, we aim to show the extent to which Security Council resolutions on terrorism apply the internal legal order of States, and the extent to which the application of these resolutions reflects on the internal and external life of the State, and its impact on the sovereignty of States and respect for their security and stability. Therefore, the research presents the way Security Council resolutions on terrorism apply in the internal legal system of the state, which depends on what is regulated in accordance with the constitution of this state, and the international conventions against terrorism that have been ratified, as it requires the state to abide by what has been agreed upon in international law, otherwise it will be considered internationally responsible. Consequently, States are required to implement Security Council resolutions and have no right in any way to evade them under the pretext of not infringing on their sovereignty, non-interference in the internal affairs of a State, the absence of legislation regulating these rights in respect of them, or the statement that the implementation of such resolutions is a clear infringement on the internal jurisdiction of the State. The research concludes that the Security Council has broad discretion in monitoring situations that pose a threat to international peace and security, including terrorist crimes; The research also shows that all countries agree on the applicability of Security Council resolutions in confronting terrorism, as evidenced by their adherence to the objectives of international legitimacy such as international instruments and resolutions issued by the United Nations and the rules of international law. That is why the majority of States have sought to various degrees to adapt their domestic legislation in accordance with Security Council resolutions and the international treaties, conventions and instruments they have ratified relating to combating terrorism at the security and judicial levels. However, the applicability of Security Council resolutions relating to terrorism within a State may clash with some rules in its domestic legal system, and therefore the research emphasizes the need for the Security Council to abide - when issuing its resolutions - with international legitimacy, and the possibility of having some kind of control over these resolutions to ensure their consistency with the various rules of international law.

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