What happened when the United Nations Security Council passed Resolution 1373 to fight terrorism but failed to define it?
On December 11, 2003, when asked in a press conference whether his Iraq policy was consistent with international law, President George W. Bush joked, “International law? I better call my lawyer; he didn’t bring that up to me.”
But, in fact, since the 9/11 attacks, the United States government had aggressively constructed a new body of international law: global security law. While the Bush administration is probably best known for its CIA black sites, extraordinary rendition, and defense of torture, those policies were in fact rather short-lived, lasting a handful of years at most. By contrast, global security law not only still exists but is becoming ever more entrenched. More than a decade after the attacks, global security law remains one of the most persistent legacies of 9/11.
On September 28, 2001, the United Nations Security Council passed Resolution 1373. Operating under Chapter VII of the UN Charter, which makes resolutions binding on all member states (noncompliance is at least theoretically subject to sanctions), the Security Council required states to change their domestic law in parallel ways to fight terrorism. Previously, the Security Council had typically directed states’ actions or urged states to sign treaties, but it had not directed changes in countries’ domestic laws. With Resolution 1373, the Security Council required states to alter some of the most sensitive areas of national law, like criminal law and domestic intelligence law.READ MORE>