The Security Council's practice of blacklisting alleged terrorists and associates : rule of law concerns and prospects for reform

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Abstract

This article examines the United Nations (UN) Security Council's practice of blacklisting alleged terrorists and their associates. This practice raises several concerns in relation to internationally recognised due process guarantees. Reviewing recent developments, including a landmark decision by the European Court of Justice, the article addresses the need for additional safeguards and discusses reform options available to the Security Council. It concludes that a lack of political will among UN Member States in the Security Council has so far prevented comprehensive reform. Nonetheless, the article argues that such reform is becoming increasingly urgent and that it should extend to addressing questions about the legal context within which the Council operates, including the extent to which the Council itself must adhere to the rule of law and international human rights law.
Original languageEnglish
Pages (from-to)71-90
Number of pages20
JournalNew Zealand Journal of Public and International Law
Volume8
Issue number1
Publication statusPublished - 2010
Externally publishedYes

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