The Security Council, Counter-Terrorism, and the Legitimacy of International Law

 

DOI: https://doi.org/10.24040/sap.2025.12.2.116-134

 

Citácia:  SAKTOROVÁ, Ľ. 2025. The Security Council, Counter-Terrorism, and the Legitimacy of International Law. In Štát a právo [online]. 2025, vol. 12, no. 2. pp. 116-134 [cit. dátum  citovania]. ISSN 2644-643X. Available at: https://doi.org/10.24040/sap.2025.12.2.116-134 

 

 

Abstract:

The present article examines United Nations Security Council Resolutions 1373 (2001) and No. 1540 (2004) as pivotal instances of the Council’s post September 11^th practices in which it assumed a quasi-legislative role by adopting binding universal obligations under Chapter VII of the UN Charter. The study assesses whether these resolutions were adopted within the Council's competence and how their form, content, and practical application have affected the legitimacy of international law. Using analytical and dialectical methodology, the article first places the resolutions in the context of the development of Article 39 practice and the expanding understanding of threats to international peace and security, and then examines their structural and normative implications.  The findings suggest that, although the measures can be defended as a lawful exercise of the Council's broad discretionary powers, they have contributed to long-term challenges to legitimacy by concentrating regulatory power in a politically uneven body and creating obligations without participation and multilateralism. From today's perspective, the legacy of Resolutions 1373 and 1540 illustrates the tension between effectiveness and legitimacy that the international legal order is increasingly confronted with.

 

Key words:

Security Council, UN SC Resolution 1373, UN SC Resolution 1540, Legitimacy, Legality, UN SC powers, International Law