Research Handbook on UN Sanctions and International Law
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Research Handbook on UN Sanctions and International Law

Edited by Larissa van den Herik

The 1990s have been labeled the ‘Sanctions Decade’, since they witnessed an unprecedented intensification of the use of collective non-military enforcement measures, and in particular sanctions, by the post-Cold War reactivated Security Council. This Research Handbook studies the current practice of UN sanctions in international law, their interrelationship with other regimes and substantive areas of law, as well as issues arising from their implementation and application at the domestic level.
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Chapter 10: Security Council sanctions and fair process

Kimberly Prost

Abstract

This Chapter considers the fair process issues which have arisen in the context of the use by the Security Council of its’ sanction power against individuals and private entities. The Chapter explores the developments which led to the use of targeted sanctions in particular in the counter-terrorism context, describing the key resolutions at issue including resolution 1267 which established a regime targeting the Taliban and later incorporating Al-Qaida. It examines in detail the fair process problems which became evident through the use and expansion of the 1267 regime and in particular the legal challenges brought, highlighting the seminal decision of the European Court of Justice in the Kadi case. The Chapter, written by the first Ombudsperson for the 1267 Sanctions regime, goes on to outline in detail the Ombudsperson process and provides an assessment of its sufficiency to address the fair process lacunae. Keywords Ombudsperson, Al-Qaida Sanctions regime, targeted sanctions, 1267 Committee, terrorist financing, fair process

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