Targeted Sanctions and Human Rights. Challenging the UN Security Council's 1267 Regime

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.

Inhaltsverzeichnis (Table of Contents)

• Introduction
• UN targeted sanctions and the 1267 Al-Qaida and Taliban Sanctions Regime
• Resolution 1267 and the Al-Qaida and Taliban Sanctions Regime
• The 1267 Sanctions Committee
• Listing and delisting procedures
• The European Union's implementation of UNSCR 1267
• Targeted sanctions regimes and human rights
• Fundamental human rights
• Effective access to justice and due process of law
• Challenging targeted sanctions under the 1267 regime
• Challenging targeted sanctions within the UN system
• The Office of the Ombudsperson
• The Human Rights Committee
• The European Court of Justice
• Assessment of available means to challenge targeted sanctions and alternatives to the current 1267 Regime
• Main achievements and remaining obstacles
• Some reform proposals
• Concluding remarks

Zielsetzung und Themenschwerpunkte (Objectives and Key Themes)

This dissertation investigates the challenges posed by the UN Security Council's targeted sanctions regime established under Resolution 1267 to human rights and due process within the international counter-terrorism framework. It examines available means for individuals and entities sanctioned under the 1267 regime to challenge decisions that directly impact their human rights. The study evaluates the effectiveness of the 1267 regime in providing adequate human rights protection, focusing on the possibilities to challenge targeted sanctions within the UN system and before European Courts.

• Human rights implications of targeted sanctions under the 1267 regime
• Access to justice and due process for individuals and entities under the 1267 regime
• Mechanisms for challenging targeted sanctions within the UN system and before European Courts
• Assessment of the effectiveness of reforms implemented to address human rights concerns
• Exploration of alternative reform approaches to the current sanctions regime

Zusammenfassung der Kapitel (Chapter Summaries)

• Introduction: This chapter introduces the subject of targeted sanctions, particularly the UN Security Council Resolution 1267 (1999) concerning Al-Qaida and the Taliban, and highlights the concerns raised regarding human rights protection for those targeted. It outlines the study's scope and structure.
• UN targeted sanctions and the 1267 Al-Qaida and Taliban Sanctions Regime: This chapter provides an overview of the genesis of UN targeted sanctions and examines the 1267 regime, including its procedures and implementation in the European Union's legal order.
• Targeted sanctions regimes and human rights: This chapter discusses the potential human rights implications of being listed under the 1267 regime, with a particular focus on the rights to effective access to justice and due process. It analyzes available means to challenge the regime within the UN system and before European Courts.
• Assessment of available means to challenge targeted sanctions and alternatives to the current 1267 Regime: This chapter analyzes the achievements and remaining obstacles in challenging targeted sanctions under the 1267 regime. It proposes alternative reform approaches to improve the system.

Schlüsselwörter (Keywords)

This dissertation focuses on targeted sanctions, the UN Security Council Resolution 1267, human rights, due process, access to justice, the European Court of Justice, the Human Rights Committee, and reform proposals for the 1267 regime.

Details

• College: School of Oriental and African Studies, University of London
• Grade: 1,3
• Author: Laura Reiner (Author)
• Publication Year: 2016
• Pages: 40
• Catalog Number: V1239317
• ISBN (eBook): 9783346658890
• ISBN (Book): 9783346658906
• Language: English
• Tags: Targeted sanctions human rights 1267 UN security council Al-Qaida Taliban European Court of Justice access to justice due process of law