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)
- 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
- 2.2 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
Zielsetzung und Themenschwerpunkte (Objectives and Key Themes)
This dissertation examines the human rights implications of the UN Security Council's targeted sanctions regime established under Resolution 1267, focusing on the access to justice and due process for individuals and entities sanctioned under this regime. It analyzes the effectiveness of the current system, both within the UN and before European Courts, in providing adequate human rights protection. The study also proposes alternative reform approaches to address persistent obstacles.
- Human rights implications of UN targeted sanctions under Resolution 1267.
- Access to justice and due process for sanctioned individuals and entities.
- Effectiveness of the 1267 regime in protecting human rights.
- Analysis of challenges within the UN system and before European Courts.
- Proposals for reforms to the current sanctions regime.
Zusammenfassung der Kapitel (Chapter Summaries)
1. Introduction: This chapter introduces the increasing use of targeted sanctions by the UN, particularly in counter-terrorism efforts. It highlights concerns regarding the human rights of those targeted under Resolution 1267, despite reforms. The chapter emphasizes the lack of access to justice and due process for sanctioned individuals and entities, setting the stage for the dissertation's central focus on examining available means to challenge these sanctions and evaluating the adequacy of human rights protection within the current system. The chapter outlines the structure of the dissertation and its limitations, focusing specifically on the 1267 regime while acknowledging its representativeness of other similar regimes.
2. UN targeted sanctions and the 1267 Al-Qaida and Taliban Sanctions Regime: This chapter provides a brief overview of the genesis of UN targeted sanctions, focusing on UNSCR 1267 as the oldest and most challenged resolution. It details the operational procedures of the 1267 Sanctions Committee, including its listing and delisting procedures, highlighting areas of concern. The chapter also explores the implementation of UNSCR 1267 within the European Union's legal framework, establishing a foundation for the subsequent analysis of human rights implications and legal challenges.
3. Targeted sanctions regimes and human rights: This chapter examines the potential human rights violations resulting from being listed on the 1267 consolidated list and subsequent sanctions. The analysis centers on the right to effective access to justice and due process. The chapter then analyzes the available means of challenging UNSCR 1267 within the UN system (including the role of the Office of the Ombudsperson and the Human Rights Committee) and before European Courts. This section utilizes benchmark cases to illustrate critical human rights issues, legal principles, and the impact of reforms on the listing and delisting procedures.
4. Assessment of available means to challenge targeted sanctions and alternatives to the current 1267 Regime: This chapter assesses the progress made and remaining obstacles in addressing human rights concerns related to the 1267 sanctions regime, even after various reforms. It identifies persistent problems that remain unresolved and proposes alternative approaches for reforming the current system to ensure a more human rights-compliant framework for targeted sanctions. The chapter lays the groundwork for the conclusion by summarizing the findings and highlighting the need for a system that fully respects human rights and guarantees access to justice.
Schlüsselwörter (Keywords)
Targeted sanctions, UN Security Council Resolution 1267, human rights, due process, access to justice, counter-terrorism, Al-Qaida, Taliban, European Union, Office of the Ombudsperson, Human Rights Committee, European Court of Justice, sanctions regime reform.
Frequently Asked Questions: A Comprehensive Language Preview
What is the main topic of this dissertation?
This dissertation examines the human rights implications of the UN Security Council's targeted sanctions regime established under Resolution 1267, focusing on access to justice and due process for sanctioned individuals and entities. It analyzes the effectiveness of the current system in providing adequate human rights protection and proposes alternative reform approaches.
What are the key themes explored in the dissertation?
Key themes include the human rights implications of UN targeted sanctions under Resolution 1267; access to justice and due process for sanctioned individuals and entities; the effectiveness of the 1267 regime in protecting human rights; analysis of challenges within the UN system and before European Courts; and proposals for reforms to the current sanctions regime.
What specific UN resolution is the focus of this study?
The primary focus is UN Security Council Resolution 1267, which established the Al-Qaida and Taliban Sanctions Regime. The study uses this resolution as a case study, acknowledging its representativeness of other similar regimes.
What aspects of human rights are examined?
The dissertation centers on the right to effective access to justice and due process, analyzing how these rights are impacted by the 1267 sanctions. It explores potential human rights violations stemming from being listed on the sanctions list and the subsequent sanctions.
How does the dissertation assess the effectiveness of the 1267 regime?
The dissertation assesses the effectiveness of the 1267 regime by analyzing challenges within the UN system (including the role of the Office of the Ombudsperson and the Human Rights Committee) and before European Courts. It uses benchmark cases to illustrate key issues and the impact of reforms.
What mechanisms for challenging sanctions are discussed?
The study examines the means of challenging UNSCR 1267 within the UN system (through the Office of the Ombudsperson and the Human Rights Committee) and before the European Court of Justice. It highlights both the achievements and remaining obstacles in these processes.
What reform proposals are made?
The dissertation proposes alternative approaches for reforming the current 1267 system to ensure a more human rights-compliant framework for targeted sanctions. These proposals aim to address persistent problems and improve access to justice for sanctioned individuals and entities.
What is the structure of the dissertation?
The dissertation is structured with an introduction, a chapter detailing the 1267 regime and its implementation within the European Union, a chapter analyzing human rights implications and available legal challenges, a chapter assessing the effectiveness of the current system and proposing reforms, and concluding remarks.
What are the key words associated with this dissertation?
Key words include: Targeted sanctions, UN Security Council Resolution 1267, human rights, due process, access to justice, counter-terrorism, Al-Qaida, Taliban, European Union, Office of the Ombudsperson, Human Rights Committee, European Court of Justice, sanctions regime reform.
What is the overall conclusion of the dissertation?
The dissertation concludes by summarizing the findings and highlighting the need for a system that fully respects human rights and guarantees access to justice for those subject to targeted sanctions.
- Arbeit zitieren
- Laura Reiner (Autor:in), 2016, Targeted Sanctions and Human Rights. Challenging the UN Security Council's 1267 Regime, München, GRIN Verlag, https://www.hausarbeiten.de/document/1239317
