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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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Human Rights Considerations and the Enforcement of Targeted Sanctions in Europe: The Emergence of Core Standards of Judicial Protection

Human Rights Considerations and the Enforcement of Targeted Sanctions in Europe: The Emergence of Core Standards of Judicial Protection

Chapter:
(p.141) 6 Human Rights Considerations and the Enforcement of Targeted Sanctions in Europe: The Emergence of Core Standards of Judicial Protection
Source:
Securing Human Rights?
Author(s):

Erika de Wet

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199641499.003.0006

This chapter analyses decisions of European courts pertaining to the targeted sanctions provided for in Security Council Resolutions 1267 (1999) and 1373 (2001). The focuses of attention are the Kadi and the OMPI cases decided by the courts of the European Union. In addition, the chapter takes into account decisions rendered by courts of the United Kingdom and views of the Human Rights Committee. The analysis focuses on the right to a fair hearing and the right to judicial review of the individuals and entities who were made the addressees of sanctions by their being placed on the respective lists. The chapter seeks to identify the legal standards for listing and de-listing that would satisfy the requirements of effective judicial protection before courts in the European Union. Many open questions remain, not least with respect to the effectiveness of the judicial decisions and the interplay of domestic courts, EU courts and international institutions.

Keywords:   Security Council, human rights, targeted sanctions, Al-Qaida, Taliban, European Court of Justice, Kadi case, OMPI case, Human Rights Committee, fair hearing

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