Corruption and Targeted Sanctions, Anton Moiseienko analyses the blacklisting of foreigners suspected of corruption and the prohibition of their entry into the sanctioning state from an international law perspective. The implications of such actions have been on the international agenda for years and have gained particular prominence with the adoption by the US and Canada of the so-called Magnitsky legislation in 2016. Across the Atlantic, several European states followed suit. The proliferation of anti-corruption entry sanctions has prompted a reappraisal of applicable human rights safeguards, along with issues of respect for official immunities and state sovereignty. On the basis of a comprehensive review of relevant law and policy, Anton Moiseienko identifies how targeted sanctions can ensure accountability for corruption while respecting international law.
United Nations (UN) targetedsanctions have often been viewed as a paradox. While they are important tools for the protection of global peace and security, they have also been found to infringe certain human rights. The UN Security Council ( unsc ) enjoys powers under Chapter
European Judicial Responses to Security Council Resolutions: A Consequentialist Assessment, Kushtrim Istrefi examines the multiple effects of European courts decisions as regards Security Council targeted sanctions and security detentions interfering with fundamental rights. He elaborates what type of judicial responses ensured real and practical respect for human rights for the petitioners, encouraged Security Council due process reform, clarified Security Council authorisations on security detentions, and tested the primacy and universal character of the UN Charter.
Making use of legal and non-legal instruments, Istrefi sheds some light upon what happened to, among others, petitioners, the SC due process reform agenda, and the UN Charter after such cases as
This collection of essays—written by friends and colleagues of Joakim Dungel—focuses on the protection of the innocent during and after war. It is a tribute to Joakim’s life and work. Joakim made a significant contribution to international justice and the rule of law, through his service to the United Nations International Criminal Tribunals for the former Yugoslavia and Rwanda, the Special Court for Sierra Leone, the Temporary International Presence in Hebron, and the United Nations Assistance Mission in Afghanistan. He was also a prolific author and published scholarly works on a wide range of issues, including command responsibility, national security interests, the right to humanitarian assistance during internal armed conflicts, and crimes against humanity. This book continues Joakim’s work with in-depth analyses of a variety of issues arising under modern conflict, such as the application of international humanitarian law and international human rights law to aerial drone attacks, targeted sanctions, and reparations to victims. Joakim understood these complex and interlinked issues and dedicated his professional life to engaging with them. Through his work and his scholarship, he demonstrated the crucial importance of adopting victim-centred approaches to dealing with the consequences of armed conflict and to its prevention. This was also why he chose to work for the United Nations as a human rights officer in Afghanistan. This book attempts to honour and affirm Joakim’s choice.
diverse population without discrimination and regardless of ethnicity, religion or citizenship status’. It also called for ‘prompt, concerted and effective international action’, including an arms embargo and targetedsanctions against ‘senior officers responsible for crimes against humanity or other
Ertuğrul Apakan and Wolfgang Sporrer
Refining United Nations Security Council TargetedSanctions: ‘Proportionality’ as a Way Forward for Human Rights Protection 90
“Foreign Terrorist Fighters”: A Human Rights Approach? 120
Parliamentary Assembly of the Council of Europe called upon member states to “consider enacting legal instruments enabling their government to impose targetedsanctions on individuals reasonably believed to be personally responsible for serious human rights violations for which they enjoy impunity on political
that involves targetingsanctions better on the culprits, and cushioning vulnerable groups by exempting certain commodities from the embargoes. Bull and Tostensen argue that although there is scope for improving the design of sanctions regimes, technically speaking, the inherently political nature of