THE IMPACT OF THE UN SECURITY COUNCIL’S RESOLUTIONS ON THE PROTECTION OF FUNDAMENTAL HUMAN RIGHTS

Abstract

The turn in the implementation of the Security Council’s resolutions from general ones, directed against States, towards targeted (smart) sanctions directed exclusively against individuals linked with terrorism, has produced both positive as well as negative effects which have called in question the legality and justness of targeted sanctions. Due to the lack of an adequate control mechanism in the United Nations system, which would enable the individuals affected by sanctions at least a quasi-judicial review of the decisions adopted by the Sanctions Committee regarding their names being listed on the so called sanctions list, in reality those individuals are faced with violations of their fundamental human rights (e.g. the right to access to court, the right to a fair trial, the right to an effective remedy). The subject of this paper is the analysis of the Security Council’s sanction regime in the fight against terrorism which was introduced in resolution 1267 (1999). The author further analyzes international jurisprudence concerned with the mentioned violations of human rights in the implementation of the sanctions of the Security Council. Special
emphasis is placed on the institution of Ombudsperson and its implications on the sanctions regime. The author concludes with the assessment of the efficacy of the reforms introduced in the sanctions regime as a step forward to the more transparent and effective fight against terrorism.