There was an interesting seminar I attended last week entitled "UN and EU Sanctions: The fight against terrorism versus human rights". At the heart of the discussion was the European Court of Justice case of 'Kadi' http://curia.europa.eu/en/actu/communiques/cp08/aff/cp080060en.pdfThe ECJ had ruled that the Council of Ministers had violated the rights of the claimants by taking a decision to include their names on a list of persons to have their assets frozen (because it was alleged they were associated with Osama bin Ladin), without giving them a right to the usual procedural safeguards (the right to be heard, and the right to effective judicial review of those rights). The UN Security Council had listed them - and UN Resolution 1373 (2001) [laying down
strategies to combat terrorism] provides "that all States must freeze funds and other financial assets or economic resources of persons who commit, or attempt to commit, terrorist acts or participate in or facilitate the commission of terrorist acts; of entities owned or controlled by such persons; and of persons and entities acting on behalf of, or at the direction of, such persons and entities."
strategies to combat terrorism] provides "that all States must freeze funds and other financial assets or economic resources of persons who commit, or attempt to commit, terrorist acts or participate in or facilitate the commission of terrorist acts; of entities owned or controlled by such persons; and of persons and entities acting on behalf of, or at the direction of, such persons and entities."
So the ECJ decided that the Council in fulfilling that International Law obligation, was in breach of European Community Law - and so required them to review the decision.
