Kriminalisering av terrorresor - En undersökning av Sveriges förpliktelser enligt FN-stadgan

Detta är en Uppsats för yrkesexamina på avancerad nivå från Lunds universitet/Juridiska institutionen

Sammanfattning: The Security Council has characterized terrorism as one of the most serious threats to international peace and security. To counteract the intensity and longevity of the current conflicts, there has in the international community occurred a need of preventing further persons (foreign terrorist fighters) from joining the conflict-affected areas. The Security Council has in Resolution 2178 emphasized the need to criminalize travel to conflict-affected areas with the intention of committing terrorist offences, a criminalization of travel for terrorism purposes. As one of the United Nations 193 member states, Sweden is obliged to comply with the obligations set forth in the UN Charter. In accordance with the UN Charter, the member states have given up the primary responsibility for international peace and security in favor of the UN Security Council. The purpose of this essay is to examine Sweden’s obligations in accordance with the UN Charter in the light of individual legal security, respect for human rights and in the absence of a uniform universal definition of the term terrorism. To counteract foreign terrorist fighters, Sweden has accepted restrictions on human rights by limiting the individual right to freedom of movement, freedom of expression and freedom of opinion. Sweden has thus placed its international obligations under the UN Charter before its obligations under the European convention on human rights. By examining Resolution 2178 and the Security Council's powers, as well as the Swedish implementation of Resolution 2178 and its human rights limitations, this essay intends to answer questions concerning legal security. Furthermore, it aims to investigate what it actually means for Sweden to have left the primary responsibility for international peace and security to the Security Council.

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