Too “Smart” for Legal Protection? UN Security Council’s Targeted Sanctions and a Pladoyer for Another UN Tribunal

Abstract

This chapter addresses the UN Security Council, in the light of its obligation and task to maintain international peace and security, has to consider (other) international law and in particular human rights which are nowadays guaranteed almost identically on the universal, regional and national levels. The debate is old but still unresolved whether the Security Council of the United Nations is bound to respect international law-and which- and whether the Security Council's decisions are subject to judicial review-and by which courts. The Sanctions Committee, however, refused to de-list the Sayadis , who then applied to the UN Human Rights Committee established under Art. 28 of the International Covenant on Civil and Political Rights. The human rights that are at stake here (in particular due process) are identical at the European and the UN levels. Keywords:European human rights; international human rights; political rights; UN Security Council