The Obligation to Suppress Terrorism as a Means to Protect Human Right

Abstract

Terrorism has a devastating impact on the enjoyment of human rights. The UN Security Council, as the organ responsible for the maintenance of international peace and security, indicates a primary duty of states to protect anyone within their jurisdiction against terrorism. However, a breach of the obligation to suppress terrorism may lead to a situation when individuals bring claims directly against states before international human rights bodies arguing that the states were not able or unwilling to prevent and suppress terrorist acts or didn’t take all the necessary measures to prosecute those who had committed terrorist crimes. Therefore, the article discusses the legal nature of the obligation to suppress terrorism, reveals its elements, and concerns situations when a state can be found in breach of it. It also addresses some jurisdictional problems arising out from the extraterritorial application of International Human Rights Law. Finally, the article attempts to define the limits of the obligation to suppress terrorism and to indicate its practical implications for society.