This study addresses the problems raised from a human rights and due process perspective by the UN Security Council’s targeted sanctions regime established under Resolution 1267 within the international counter-terrorism framework. Therefore, this paper will examine available means for individuals and entities sanctioned under the 1267 regime, to challenge the decisions of the UN Security Council (and the Council of the European Union) that directly affect their human rights. The extent to which the current 1267 regime provides – after all reforms – effective access to justice and due process of law, which are key elements of adequate human rights protection, will be evaluated. Hereby the study will concentrate on the possibilities firstly within the UN system itself and secondly before European Courts. Although the challenges have brought achievements within the system, fundamental obstacles remain. In conclusion, an overall appraisal of the issues covered in the study will be given, as well as recommendations for alterations to the current sanctions regime.
TABLE OF CONTENTS
Abstract
1. Introduction
2. UN targeted sanctions and the 1267 Al-Qaida and Taliban Sanctions Regime
2.1 Resolution 1267 and the Al-Qaida and Taliban Sanctions Regime
2.1.1 The 1267 Sanctions Committee
2.1.2 Listing and delisting procedures
2.3 The European Union's implementation of UNSCR 1267
3. Targeted sanctions regimes and human rights
3.1 Fundamental human rights
3.2 Effective access to justice and due process of law
3.3 Challenging targeted sanctions under the 1267 regime
3.3.1 Challenging targeted sanctions within the UN system
3.3.1.1 The Office of the Ombudsperson
3.3.1.2 The Human Rights Committee
3.3.2 The European Court of Justice
4. Assessment of available means to challenge targeted sanctions and alternatives to the current 1267 Regime
4.1 Main achievements and remaining obstacles
4.2 Some reform proposals
5. Concluding remarks
Bibliography
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