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Securing Human Rights?Achievements and Challenges of the UN Security Council$
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Bardo Fassbender

Print publication date: 2011

Print ISBN-13: 9780199641499

Published to Oxford Scholarship Online: January 2012

DOI: 10.1093/acprof:oso/9780199641499.001.0001

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Security Council Targeted Sanctions and Human Rights

Security Council Targeted Sanctions and Human Rights

Chapter:
(p.98) 5 Security Council Targeted Sanctions and Human Rights
Source:
Securing Human Rights?
Author(s):

Annalisa Ciampi

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199641499.003.0005

This chapter addresses a practice of the Security Council which has been sharply criticized because of its negative effects on human rights — ‘targeted sanctions’ imposed on individuals in the form of travel bans, arms embargoes, and the freezing of financial assets. After setting out the general legal framework of targeted sanctions, it focuses on the most significant case of such sanctions, the measures imposed on Al-Qaida and the Taliban since 1999. It critically analyses the absence of any ex ante protection of individuals and entities targeted with sanctions, as well as the deficiencies of the available ex post remedies. It then deals with the legal challenges brought against the sanctions regime before national and regional (European Union) courts as well as international human rights bodies (the Human Rights Committee and the European Court of Human Rights). A final section is devoted to possible improvements of the system of targeted sanctions.

Keywords:   Security Council, human rights, targeted sanctions, judicial review, Al-Qaida, Taliban, European Court of Justice, Human Rights Committee, European Court of Human Rights

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