Multilateral sanctions against terror suspects and the violation of due process standards

Abstract

The UN and EU sanctions regimes against suspected terrorists at first clearly violated commonly accepted due process standards. Both organizations gradually reformed the procedures that regulated which individuals and entities were subject to sanctions, yet the UN procedures in particular still evince important shortcomings. While international law scholars have debated how the sanctions regimes must be designed to be consistent with international law, political science scholars have, as yet, largely held back from looking into why the regimes evolved in the way they did. This article suggests that court decisions and proceedings and, in the case of the UN, falling commitment from member states, have prompted the UN Security Council and the Council of the EU to implement limited reforms. However, courts did not challenge the sanctions regimes per se and there was no substantial pressure from civil society actors. Moreover, owing to the competences and working methods of the UN Security Council and the Council of the EU, powerful member states could fairly easily deflect reform proposals from disaffected states and other UN and EU bodies.