1 SC Res. 1368 (Sept. 12, 2001). For a more general discussion of the UN response to September 11, 2001, see Rostow, Nicholas, Before and After: The Changed UN Response to Terrorism Since September 11th, 35 Cornell Int’l L. J. 475 (2002)Google Scholar.

2 SC Res. 1373 (Sept. 28, 2001). The CTC was adopted in accordance with rule 28 of the Security Council’s provisional rules of procedure, which states that the Council “may appoint a commission or committee . . . for a specifiedquestion.”

3 The UN Charter provides that the Security Council has as its main function the responsibility to settle disputes peacefully (Chapter VI) and to meet threats to, or breaches of, the peace with concerted action by the organization(Chapter VII).

4 International Convention for the Suppression of Terrorist Bombings, GA Res. 52/164 (Dec. 15, 1997)Google Scholar, 37 ILM 249 (1998) [hereinafter Terrorist Bombing Convention].

5 International Convention for the Suppression of the Financing of Terrorism, GA Res. 54/109 (Dec. 9, 1999)Google Scholar, 39 ILM 270 (2000) [hereinafter Terrorism Financing Convention]. Examples of other terrorism conventions adopted by the General Assembly include the International Convention Against the Taking of Hostages, Dec. 17, 1979, TIAS 11, 081, 1316 UNTS 205, and the Convention on the Prevention and Punishment of Crimes Against Internationally Protected Persons, including Diplomatic Agents, Dec. 14, 1973, 28 UST 1975, 1035 UNTS 167. Examples of other international terrorism conventions negotiated outside of the General Assembly include the Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation, Sept. 23, 1971, 24 UST 564, 974 UNTS 177, and the Convention on Offences and Certain Other Acts Committed on Board Aircraft, Sept. 14, 1963, 20 UST 2941, 704 UNTS 219.

6 A summary of the recent debate on this subject during the Sixth (Legal) Committee’s consideration of theagenda item, Measures to Eliminate International Terrorism, at the 57th General Assembly, is available at <http://www.un.org/law/cod/sixth/57/sixth57.htm>. The Ad Hoc Committee established by GA Res. 51/210 (Dec. 17, 1996), which is charged with negotiating the Comprehensive Convention on International Terrorism, met from March 31 to April 2, 2003. See GA Res. 57/27 (Nov. 19, 2002), para. 18.

7 The principal reason Resolution 1373 did not attempt to define terrorism was to avoid the divisive debate in the Security Council that has bogged down the Sixth Committee’s work on the Comprehensive Convention. The sponsors of Resolution 1373 wanted a resolution that would pass quickly.

8 SC Res. 1390 (Jan. 28, 2002).

9 In fact, one commentator has already noted that the Council “broke new ground by using, for the first time, its Chapter VII powers under the Charter to order all states to take or to refrain from specified actions in a context not limited to disciplining a particular country.” Szasz, Paul C., The Security Council Starts legislating, 96 AJIL 901 (2002)CrossRefGoogle Scholar.

10 See supra note 1, at paras. 1 and 2.

11 Id., para. 6.

12 The CTC Secretariat has offered CTC experts contracts ranging from three months to one year.

13 The CTC and the UN Secretariat have sought to ensure that the composition of the experts group has the proper geographical balance and reflects the major legal systems. As of April 2003, the experts were nationals ofthe Bahamas, Brazil, Egypt, France, India, Ireland, Jamaica, Russia, South Africa, and the United States.

14 On April 4, 2003, the Spanish Ambassador to the United Nations, Inocencio Arias, succeeded Ambassador Greenstock as CTC chairman.

15 See, e.g., Security Council, 57th sess., 4618th mtg. (Oct. 4 and 8, 2002), at 5.

16 See, e.g., id. and Chairman Greenstock’s remarks at Security Council, 57th sess., 4561st mtg., (June 27, 2002), UN Doc. S/PV.4561, at2.

17 The CTC provided guidance to member states regarding the content of such reports in a note from its chairman:”Guidance for the Submission of Reports Pursuant to Paragraph of Security Council Resolution 1373 (2001) of 28 September 2001,” available at <http://www.un.org/Docs/sc/committees/1373/guide.htm>.

18 As of April 1, 2003, Sao Tomé and Principe, Swaziland, and Vanuatu have yet to submit reports to the CTC.All reports are available at the CTC’s Web site, <http://www.un.org/Docs/SC/committees/1373>.

19 CTC Discussion Paper, July 24, 2002, available at <http://www.un.org/Docs/sc/committees/1373>.

20 Id. In April 2003, the CTC began to discuss how it would undertake its review of Stage B issues and whetherit might need to develop a means for assessing compliance with Resolution 1373 that goes beyond a review of written reports to determine what counterterrorism actions a state is actually taking on the ground, and the effectiveness of such actions.

21 CTC Discussion Paper, Nov. 22, 2002, at 3, available at <http://www.un.org/Docs/sc/committees/1373/Stage%20B.htm>.

22 The Security Council did not explicitly grant the CTC the authority to make and report such determinations to the Council. This is in contrast with the 1267 Committee, which is authorized by Resolution 1267 “[t]o make periodic reports to the Council on information submitted to it regarding alleged violations” of the resolution. SC Res. 1267 (Oct. 15, 1999), at para. 6(d). The 1267 Committee was established to monitor the implementation of sanctions against the Taliban authorities. Id., op. para. 6. Its mandate was extended by Security Council Resolution 1390 to include the monitoring of the implementation of sanctions against Al Qaeda and Osama bin Laden. SC Res. 1390 (Jan. 28, 2002) at op. para. 5.

23 “The Counter-Terrorism Committee: Security Council Contribution to the Fight Against Terrorism,” at 3. Produced by the Permanent Mission of the United Kingdom to the United Nations and distributed with the assistance of the United Nations Department of Public Information.

24 See “Outcome document of the special meeting of the Counter-Terrorism Committee with international, regional, and subregional organizations,” UN Doc. S/AC.40/2003/SM.1/4*, available at <http://www.un.org/Docs/sc/committees/1373/>.

25 See supra note 15; UN Doc. S/PV.4618, S/PV.4618 (Resumption 1), and S/PV.4618 (Resumption 2).

26 Even so-called pariah states (e.g., Iraq and the Democratic People’s Republic of Korea), chose to submit a reportin an effort to be seen as complying with the requirements of Resolution 1373.

27 As of April 1, 2003.

28 As of April 1, 2003.

29 As of April 1, 2003. See supra note 22.

30 UN Security Council, 57th sess., 4618th mtg., supra note 15, S/PV.4618, at 6. Prior to 9/11, only Botswana and the United Kingdom were parties to all twelve UN terrorism conventions and protocols. Since then, an additional twenty-nine states have become parties to all twelve instruments.

31 For example, the Organisation for Security and Co-operation in Europe (OSCE) ended its 10th Ministerial Conference by adopting an OSCE Charter on Preventing and Combating Terrorism and agreeing on guidelines to meet new challenges to security in the 21st century (Dec. 7, 2002) (press release available at <http://www.osce.org/news/generate>); the Inter-American Committee Against Terrorism has worked to identify counterterrorism actions for members of the Organization of American States to implement at the multilateral, regional, subregional, and national levels (available at <http://www.cicte.oas.org/history.htm>); on May 17, 2002, the Association of Southeast Asian Nations (ASEAN) adopted a Work Programme on Terrorism to implement the ASEAN Plan of Action to CombatTransnational Crime, which includes programs to enhance cooperation and coordination in law enforcement and intelligence sharing (available at <http://www.aseansec.org/5961.htm>).

32 The General Assembly’s Fifth (Budget) Committee appropriated $6, 896, 100 to support the work of the CTC for the period January 1, 2002, through March 2003, and the CTC’s anticipated expenses for the remainder of 2003are $4.2 million. GA Res. 57/292, para. 4, 78th plen. mtg., (Dec. 13, 2002).

33 Article 17(1) of the UN Charter provides that the “General Assembly shall consider and approve the budgetof the Organization.”

34 In Security Council Resolution 1377, the Security Council invited the CTC “to explore ways in which states canbe assisted, and in particular to explore with international, regional, and subregional organizations: the promotionof best-practices in the areas covered by Resolution 1373 (2001); the availability of existing technical, financial, regulatory, legislative or other assistance programmes which might facilitate the implementation of Resolution 1373 (2001); [and] the promotion of possible synergies between these assistance programmes.” SC Res. 1377 (Nov. 12, 2001).

35 The CTC has created a Web-based Directory of Counter-Terrorism Information and Sources of Assistance, at <http://www.un.org/ctc/CTCDirectory.hsf>, which includes a listing of countries and organizations that haveoffered to provide counterterrorism assistance and the type of assistance that is available (e.g., legislative draftingor financial law and practice).

36 See statements by Colombia and Russia at the Security Council’s October 4, 2002, meeting to discuss the CTC, supra note 15, UN Doc. S/PV.4618, at 9 and 21.

37 See, e.g., statements by Singapore and Syria at the November 22, 2002, meeting of the CTC. UN Doc. S/AC.40/SR.45 (Nov. 22, 2002), at 2 and 4.

38 To get a sense of just how divided the UN community remains over this issue, see reports of the Security Council’s October 4 and 8, 2002, open meeting to discuss the CTC, supra note 15.

39 The growing attention that the interplay between human rights and terrorism is receiving in the Security Council is highlighted by the ministerial declaration (attached to Resolution 1456) calling on states, inter alia, to protect human rights in the fight against terrorism. SC Res. 1456 (Jan. 20, 2003).

40 Another possibility would be for the Council to follow the UN Compensation Commission (UNCC) model, i.e.,establishing a quasi-permanent Council subsidiary body, which has a separate secretariat, budget, and hiring authority.Although the Council would retain governing control over the body, unlike now, the body’s day-to-dayoperations would be overseen by the executive secretary and a cadre of counterterrorism professionals. The UNCCmodel, however, may be unique in that the Security Council has used Iraqi oil money to finance its day-to-day operations. SC Res. 687 (Apr. 3, 1991). There is no similar funding source to tap into to fund an expanded, morepermanent, and thus more costly counterterrorism body.

41 Its primacy was reaffirmed at the January 20, 2003, Security Council meeting at the level of ministers for foreign affairs at which the Council adopted a declaration on the issue of combating terrorism. SC Res. 1456 (Jan. 20, 2003). As the Secretary-General said at this meeting, “[b]ecause of its responsibility in ensuring the implementation of international anti-terrorism conventions and standards, the Security Council’s Counter-Terrorism Committeewill continue to be at the centre of global efforts to fight terrorism.” Id. UN Doc. S/PV.4688, at 2.