Journal Article

Security Council's Targeted Sanctions against Presumed Terrorists

Michael Bothe

in Journal of International Criminal Justice

Volume 6, issue 3, pages 541-555
Published in print July 2008 | ISSN: 1478-1387
Published online July 2008 | e-ISSN: 1478-1395 | DOI: http://dx.doi.org/10.1093/jicj/mqn040
Security Council's Targeted Sanctions against Presumed Terrorists

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A serious lacuna in international relations is the absence of a possibility for individuals to challenge decisions of international organizations. However, the right to legal remedy is a fundamental human right, and it is generally recognized that human rights bind international organizations. Thus, the question is raised as to what reforms the Security Council procedure requires in light of targeted sanctions, i.e. the placing of individuals on a list of measures to be implemented by states or the EU/EC. The author argues that there should be due process standards for listing decisions themselves as well as an effective remedy against such decisions. The inspection panels installed by the World Bank are presented as an example that meets such standards and could inspire a review procedure for Security Council actions affecting individuals by targeted actions. Finally, it is contended that, despite the possible critique, it is not only a matter of expediency but a legal duty to render UN listing and de-listing procedures consistent with due process requirements.

Journal Article.  6753 words. 

Subjects: Criminal Law ; International Law

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