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Unformatted text preview: Electronic copy available at: http://ssrn.com/abstract=1458974 Electronic copy available at: http://ssrn.com/abstract=1458974 The Constitutional Limits to Security at UN and EU Level Kirsten Schmalenbach Introduction Using its powers under Chapter VII of the UN Charter, the Security Council (SC) has created a variety of sanction schemes against rogue member states. In the early 1990s, changes were made to the targets of sanctions, in order to improve the sanctions’ effectiveness and to reduce the humanitarian costs among the civilian population. 1 Since then, sev- eral sanction schemes have been directed against named individuals and legal persons whose activities or connections are considered a threat to peace. This practice, known as targeted or smart sanctions, has evolved into a mainstay of the UN collective security system; in fact, it is impos- sible to imagine the latter without the former. Among the current twelve Security Council Sanctions Committees 2 administering the sanctions im- posed by the relevant Security Council resolutions, it is the Sanctions Committee established by SC Res. 1267 (1999) that has drawn consider- able scholarly attention and public awareness. The 1267 Sanctions Com- mittee administers sanctions directed against individuals and entities al- legedly belonging to, or associated with, Al-Qaida and/or the Taliban. Towards the end of 2008, 507 names were included on the consolidated __________ 1 Strengthening Targeted Sanctions through Fair and Clear Procedures, White Paper prepared by the Watson Institute Targeted Sanctions Project, 30 March 2006, Brown University, 3 (sponsored by Switzerland, Germany, Sweden). 2 SC Res. 751 (1992) concerning Somalia; SC Res. 1132 (1997) concerning Sierra Leone; SC Res. 1267 (1999) concerning Al-Qaida/Taliban; SC Res. 1373 concern- ing counter terrorism; SC Res. 1518 (2003) concerning Iraq; SC Res. 1521 (2003) concerning Liberia; SC Res. 1533 (2004) concerning the Democratic Republic of the Congo; SC Res. 1572 (2004) concerning Côte d’Ivoire; SC Res.1591 (2005) concerning Sudan; SC Res. 1636 (2005) concerning the 14 February 2005 ter- rorist bombing in Beirut that killed former Lebanese Prime Minister Rafiq Hariri; SC Res. 1718 (2006) concerning the Democratic People’s Republic of Korea; SC Res. 1737 (2006) concerning Iran. Electronic copy available at: http://ssrn.com/abstract=1458974 Electronic copy available at: http://ssrn.com/abstract=1458974 22 Constitutional Limits to Security at UN and EU Level sanction list, making the 1267 Committee the most active one among the twelve. Given that the 1267 Sanctions concern individuals and entities on a world-wide scale, irrespective of their nationality or residence, it be- comes apparent just why this and no other UN sanction scheme has trig- gered a controversy about procedural remedies at UN level. Correspond- ing human rights concerns have been addressed in several legal opinions 3 and in legal challenges before international bodies...
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