Mapping a Legal Strategy in Counter-Terrorism for the Kingdom of Saudi Arabia in Light of United Nations Security Council Resolution 1373

This thesis focuses on the relationship between the Kingdom of Saudi Arabia’s counter -terrorism legislation and United Nations Security Council Resolution 1373 (2001). This project aims to fill a gap in published writings about the impact of the United Nations’ obligations under the resolution and the manner in which the Saudi Arabian judicial and administrative systems’ respond. The resolution was adopted in the wake of the September 11th, 2001 events which involved 10 Saudi Arabian citizens among the perpetrators. Despite international attention regarding this fact, the Kingdom of Saudi Arabia, itself, has been the victim of a series of deadly terrorist attacks. This thesis maps out the process of developing a national response to these heinous attacks consistent with the provisions of the United Nations resolution. In examining the relationship between international juridical treaties and Saudi Arabian counter-terrorist legislation the thesis offers an account of the complex negotiations between international instruments and the legislative proposals inherent in the Islamic Shariah.
As the political and social considerations are inevitably linked to the analysis of the interaction between domestic laws and international ones, the thesis will use the policy-orientated (New Haven) approach to International Law, as espoused by Rosalyn Higgins, former President of the International Court of Justice (ICJ). The thesis is mainly a library-based or theoretical study, which is informed by semi-structured interviews conducted of former and present policy-making officials of the government of Saudi Arabia.
The thesis will seek to highlight the inclination of the consequential nature of the laws, regulations, and policies, issued by the decision-makers in the Kingdom. The Saudi Arabian strategy of counter-terrorism has experienced several stages in which it tried to harmonize the domestic legal system to the spirit and wording of UNSC Resolution 1373.The resolution adopted under Chapter VII of the United Nations Charter required all member states to effect conformity of their legal systems in relation to counter-terrorism and terrorism finance, inter-state cooperation and respect for human rights norms. The analysis of the Saudi Arabian legal system will show that although this system has, to a large extent, achieved considerable compliance with UNSC Resolution 1373, fighting terrorism within the Kingdom, and eliminating Al-Qa’idah, nevertheless, it continues to face unique challenges, to which some are still ongoing. The question of respecting international human rights laws is one of primary challenges faced by the system. This is either due to the implementation of the internal judiciary, or the interpretation of international legal norms, which, in essence, do not consider the particularly distinctive role of Islamic Shariah Laws.
This thesis will suggest that there has been insufficient research in exploring and analyzing the development of the legal and policy framework of counter-terrorism in the Kingdom of Saudi Arabia. It offers an analysis of the concrete complexities of developing the legislation that is faithful to the Saudi Arabian system of Shariah, and to its commitments to the international community. The thesis aims to further contribute to the research and policy agendas on counter-terrorism in Saudi Arabia and the greater Middle East and North African Regions.