WPS 2017-05: Terrorism Inside Out: Applying the Concept of Legislating for Humanity to Cooperate Against Terrorism

Myriam Feinberg

Cooperation is a key tool in the fight against international terrorism and most international measures include the obligation for states to cooperate against terrorism. However, the obligation does not seem to have the same binding status as the obligation to prevent terrorism, which can lead to conflicts between the two in their application by states. This article uses the concept of legislating for humanity in order to study the obligation to cooperate as a responsibility for states to take others into account when they adopt counterterrorism measures. It uses the particular example of revocation of citizenship to examine two specific questions: whether states must take outsiders’ interests into account when they adopt domestic measures such as expulsion of terrorists, and, more generally, whether harmonization of counter terrorism measures is the preferable way to fully conduct cooperation, when there are clear differences in capacity and political will.

WPS 05-17 (pdf)