The United Nations (UN) Security Council provided basic due process protection for individuals designated under its counter-terrorism sanctions regime when it created the Office of the Ombudsperson for the ISIL (Da'esh) and Al-Qaida Sanctions Committee in 2009. The Office has since strengthened sanctions implementation by addressing legitimacy challenges facing the policy instrument from litigation in courts around the world and improving the quality of designations. However, the rights to due process continue to be denied for those designated under the remaining UN sanctions regimes.
The authors launched on 14 September the report “Enhancing Due Process in UN Security Council Targeted Sanctions Regimes”. The report presents ideas for context-specific review mechanisms that could provide due process protections for sanctions regimes in situations of armed conflict. The sanctions regime on the Democratic Republic of the Congo (DRC) is discussed as a potential first case for the development of a new review mechanism.
Authors
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Thomas Biersteker, Gasteyger Professor Honoraire, the Graduate Institute, Geneva
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Larissa van den Herik, Professor of Public International Law, the Grotius Centre for International Legal Studies, Leiden University
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Rebecca Brubaker, Senior Policy Adviser and Project Director at the United Nations University Centre for Policy Research