UN and EU Counter-Terrorism Response Mechanism

Abstract

This article examines legal measures to combat international terrorism. The authors analyse the development and functioning of the mechanisms of the Al-Qaeda and Taliban Sanctions Committee and the UN Counter-Terrorism Committee  in the context of UN Security Council Resolution No. 1267 (1999), by which the Council imposed sanctions in response to the Taliban’s refusal to hand over Osama bin Laden. In subsequent decisions, the UN Security Council modified the goals of the sanction to include Al-Qaida and its associations (according to the resolution 1390 (2002)) and highlight three main measures: an asset freeze (and related financial measures), an arms embargo, and a ban on movement. There is no doubt that funding is a prerequisite to any terrorist action, and freezing the flow of money to those engaged in terrorist activities is vitally important, therefore identify legal challenges in enforcement of freezing of assets and travel ban on terrorist suspects is also important. Accordingly, the article evaluates whether the UN and EU procedures for listing and delisting suspected terrorists comply with the principles of due process, legal certainty, and effective judicial protection. Particular attention is paid to the need to balance the effectiveness of counter-terrorism sanctions with the protection of fundamental human rights and individual freedoms.