UN Targeted Terrorist Sanctions and the Rule of Law: The UKs Response

Abstract

his paper will examine how the UK has implemented 'targeted' or 'smart' sanctions designed to freeze the assets of individuals and other entities in relation to those suspected of being involved in terrorist activity, through implementation of various United Nations Security Council Resolutions (SCR's). This article will chart the historical development of these UN sanctions and analyse how the UK introduced them into domestic law, firstly by means of secondary legislation contained in the United Nations Act 1945 and secondly following the decision by the UK Supreme Court in R v A (& others) [2] in the form of the Terrorist Asset Freezing Etc Act 2010. Both the case and the subsequent legislation and its impact will also be discussed. Finally the paper will consider weather this implementation has eroded fundamental rights within the UK's domestic law in order to fulfil our international obligations under the UN charter and what if any protection, is now in place for those named under this system after implementation of the UK's new asset freezing regime. The Historical and Legal Background of UN Sanctions Following the formation of the United Nations, member states bound themselves through the UN's Charter to maintain international peace and security, to take collective measures for the prevention and removal of any threat to this peace and to promote and encourage respect for human rights and fundamental freedoms (Article 1)[3]. The United Nations Security Council (UNSC) was given primary responsibility for maintaining this peace and security and member states agreed through the charter to carry out the decisions or resolutions of the Security Council in order to achieve this end (Article 24). Under Article 41 of the UN Charter, the Security Council may decide what measures not involving the use of armed force are to be employed to give effect to its decisions, and it may call upon the Members of the United Nations to apply such measures. Among a number of miscellaneous provisions in Chapter XVI is one of the most important articles 103, which provides; "In the event of a conflict between the obligations of the Members of the United Nations under the present Charter and their obligations under any other international agreement, their obligations under the present Charter shall prevail.[4]" "T