Resumen de International legal implications concerning “Foreign Terrorist Fighters"

Chiara Ragni

• 1. Legal implications of the UN Security Council’s counter-terrorism strategy. — 2. The controversial role of the Security Council as a “world legislature” in its actions concerning foreign terrorist fighters. — 3. The status of foreign fighters under international humanitarian law. — 4. An assessment of the duty to prosecute foreign terrorist fighters or to criminalize their actions. — 5. Whether an obligation for States to criminalize the conduct of foreign terrorist fighters, as defined in Security Council resolutions, may be inferred from counter-terrorism treaties. — 6. Constraints deriving from the UN Charter on the Security Council’s power to impose new obligations on States: striking a balance between global security and human rights. — 7. Legal implications of the lack of a definition of terrorism in UN Security Council counter-terrorism resolutions. — 8. Implementation of resolutions concerning foreign terrorist fighters: human rights flexibility and due diligence standards. — 9. Concluding remarks