Research Handbook on UN Sanctions and International Law
Show Less

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.
Buy Book in Print
Show Summary Details
You do not have access to this content

Chapter 16: The prosecution of sanction busters

Ward Ferdinandusse and Pieter Rademakers


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

You are not authenticated to view the full text of this chapter or article.

Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.

Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.

Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.

Further information

or login to access all content.