Security needs and human rights: the Kadi case: how the fight to terrorism affects the human rights’ guardianship (English Edition)

This book analyses the bearing of UNSC’s Resolution – adopted after 9/11 attacks – on fundamental rights of individuals targeted as affiliated member of Al-Qaeda. Focusing, furthermore, on the role of States that are both part of United Nations system and another supranational system, namely the European Union one, being obliged to fulfill both obligations. Finally, the second part is dedicated to analyse a widespread theory affirming that States could derogate the fundamental rights of an individual suspected of terrorism considering him/her as no- recipient of the rule of law ruling the States where he/she live. For this reason the suspected can be considered as a term in the following balance: human rights guardianship and State’s security needs, considering the latter as superior.