Edited by Larissa van den Herik
In this chapter the authors explore the domestic implementation of international sanctions through a criminal justice approach. Within this scope, the authors elaborate on two themes of practical importance to the prosecution of sanctions busters in criminal courts and the resulting complications. First, it is argued that most violations of sanctions can be characterized as different crimes. Strategic and material reasons for the selection of crimes to be charged are explored; by analysis of the multiple criminal cases against members the Liberation Tigers of Tamil Elan (LTTE) throughout the world, the various implementation possibilities are evaluated. The second part of the chapter focusses on the problematic effects that poorly established sanctions regimes have on the prosecution of sanctions busters. The authors argue that the annulment of sanctions, or the threat of such, erodes the effectiveness and strength of the international sanctions regimes itself. The question arises whether annulment of sanctions on procedural grounds should automatically preclude criminal prosecution for violations prior to that annulment. Keywords targeted sanctions, international crimes, terrorism financing, annulment, criminal liability, nullem crime sine lege
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