مركز ماعت للدراسات الحقوقية والدستورية

WAR AGAINST TERRORISM…THE PARADOX OF LEGALITY AND LEGITIMACY.

08-02-2007

September 2001's events formed a suitable    excuse for some system's activities, which was done outside of the international legality frame, under the excuse of war against terrorism, the matter with which the international arena witnessed recently wide violations of the international law and the human rights principles.

So the elements of the call which some systems adopt in lunching a war against terrorism, specially US, is not really void of motives to achieve some benefits for these   countries rather than it is an international fear about the international peace and security which form a huge gap between the supremacy of the forces principle and the respect of the international law supremacy and the international legality.

This paradox was dedicated by the UN resolution N.1373 after 11 September events. The ambiguity of this resolution’s formulation makes it very danger in comparison with the other UN resolutions. This is specially because the order tone which it adopted and which contains an obligation upon the member states to challenge terrorism without defining clear standers of terrorism make the possibility of executing the measures stated in the 7^th chapter of the UN charter, applying ban and the full and partial boycott and the use of the military means, an expected matter in the case of not executing the resolution. We have to tack into account, the balances’ signs of the international powers, which oblige by its current reality some definitions that regarded with the doubling standers for the benefit of some strategies upon the issue of the international legality. Therefore, this resolution is as the legality aimed by the colonial imperialism to enforce its strategies on the world .This is what happened really in the US’s war against Iraq, 2003, under the excuse of challenging terrorism.

Under the same excuse the black heritage of challenging terrorism transferred from the international arena to the local one, but with different ways .The clear evidence is the formulation of the terrorism challenge law N.97 of 1992, which was as a result of the international indications of the argument about the war against terrorism before September 11’s events . This dedicates the base of security upon rights and freedoms, this matter which make this law reached the extend of neglecting laying down limited definition of terrorism and of incriminating even motives and inner intentions.

   Maat for juridical and constitutional studies

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