A tricky balance: revisiting restrictive measures and counterterrorism in public international law

Ricardo Rodrigues de Oliveira

Research output: Chapter in Book/Report/Conference proceedingChapter

Abstract

Under Article 41 of the United Nations Charter, the Security Council has kept international peace and security by resorting to restrictive measures that do not involve the use of armed force. These measures, commonly known as sanctions, have been markedly used by the Council to counter terrorism and dissuade states from financing it. Yet, the enforcement of sanctions on individuals – despite the efforts to reduce their impact and negative effects – has raised serious questions on the extent human and fundamental rights are guaranteed under sanctions regimes. This chapter aims to provide a brief overview of this field, subsequently focusing on targeted (smart) sanctions, how they have been trimmed over time, and their relationship with counterterrorism. It then explores very tangible concerns regarding human rights and the rule of law principle, thus contributing to the book’s broader discussions in this field.
Translated title of the contributionUm equilíbrio complicado: revisitando medidas restritivas e contra terrorismo em Direito Internacional Público
Original languageEnglish
Title of host publicationDireitos humanos e estado de direito
Subtitle of host publicationProtecção no quadro europeu e internacional
EditorsMaria Luísa Duarte, Ana Rita Gil, Tiago Fidalgo de Freitas
PublisherAAFDL Editora
Pages811-860
Number of pages50
ISBN (Print)9789726298335
Publication statusPublished - 2022

Keywords

  • Human rights
  • Public international law
  • Restrictive measures
  • Smart sanctions
  • Terrorism

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