, the less discretion the EU legislator enjoys and the stricter judicial scrutiny will be’
. This has been the position, at least, in the case law regarding terrorism and targetedsanctions
. 5 Transposition of International Counterterrorism Measures by Member States Ultimately, Member
prosecutions of international crimes; ‘moral’ accountability gives effect to the right to truth and ‘political’ accountability includes naming and shaming, lustration, targetedsanctions, memorialisation, compensation to victims, and guarantees of non-recurrence. 12 This typology indicates the
Sanctions Effective, Guidelines for the Implementation of UN Policy Options”, Final Report of the Stockholm Process on the Implementation of TargetedSanctions, Uppsala University, at 9 (<www.smartsanctions.se/stockholm_process/reports/Final%20report%20complete. pdf>). 10) This consisted of the obligation
(Cf.) United Nations Security Council, Resolution 1267 (1999). 16) So-called “smart sanctions” or “targetedsanctions”. On the legal protection against “smart sanctions” of the Security Council: Schmahl, (2006) EuR 566. 17) Cf. note 6. 18) Common position 2002/402/CFSP.
64 Menz and Scholz
July 2018, para. 10; Theodor Meron, Human Rights and Humanitarian Norms as Customary Law (Clarendon Press, Oxford, 1991), p. 96; Bardo Fassbender, TargetedSanctions and Due Process , http://www.un.org/law/counsel/Fassbender_study.pdf , accessed 17 July 2018, p. 6.
E.g. , Art. 8(2)(b
–67. 114 See generally, Carla Ferstman, International Organizations and the Fight for Accountability: The Remedies and Reparations Gap (Oxford University Press, 2017). 115 Reproduced in Bardo Fassbender, ‘TargetedSanctions Imposed by the UN Security Council and Due Process Rights: A Study Commissioned
Adjudicating International Human Rights honours Professor Sandy Ghandhi on his retirement from law teaching. It does so through a
series of targeted essays which probe the framework and adequacy of international human rights adjudication. Eminent international law
scholars (such as Sir Nigel Rodley, Professor Javaid Rehman and Professor Malcolm Evans), along with emerging writers in the field, take Professor Ghandhi’s body of work—focussed on human rights protection through legal institutions—as a starting point for a variety of analytical essays. Adjudicating International Human Rights includes chapters devoted to human rights protection in a number of different institutional contexts, ranging from the ICJ and the Human Rights Committee to truth commissions and NAFTA arbitration tribunals.