Chapter 13 Terrorism, targeted economic sanctions and inadequate due process: the case of the Security Council's 1267 sanctions regime

Abstract

Purpose – The chapter seeks to contribute to the discourse concerning the United Nations Security Council's role in strengthening a rules-based international system and maintaining international peace and security under the rule of law. Its particular purpose is to examine the Security Council's Al-Qaida and Taliban sanctions regime (1267 regime) from a rule of law and due process perspective. Methodology – To this end, the chapter reviews the 1267 regime's controversial listing and de-listing procedure and identifies shortcomings in relation to traditional due process guarantees. It then discusses reform options available to the Security Council as far as forms and modalities of an effective review mechanism are concerned. Findings – The chapter has two main findings. First, it concludes that the ‘individualisation’ of Security Council sanctions in terms of targeting individuals directly has not been accompanied by the creation of a means for the new targets to appeal the measures imposed on them. Second, it finds that a lack of political will has so far prevented comprehensive reform of the 1267 regime but that such reform is becoming increasingly urgent. The chapter suggests that reform initiatives need to address the value, effectiveness and sustainability of the 1267 regime more broadly. The Security Council, in particular, needs to consider what it is prepared to give up to maintain the 1267 regime as an effective UN sanctions regime, or whether it is prepared to give up the 1267 regime to maintain the authority it interprets to have from the UN Charter.