1. Trading Justice for Security? UN Anti-Terrorism, Due Process Rights, and the Role of the Judiciary
- Author:
- Carmen Draghici
- Publication Date:
- 05-2009
- Content Type:
- Working Paper
- Institution:
- Centre on Human Rights in Conflict
- Abstract:
- Policy-makers, domestically and in international for a, tend to address counter- terrorism and human-rights protection in terms of competitive goals. In the post-9/11 political climate dominated by security concerns, the suppression of the financing of terrorism is given priority over suspects' rights. The current procedures established by the UN Security Council for the freezing of funds of terrorist suspects encroach upon several individual rights. The most severe infringement upon the rights of persons targeted by the UN sanctions derives from the lack of a secure avenue of appeal. The denial of access to justice has been fostered for several years by the deference of national and regional courts to the UN Security Council. Recent developments at European Union level demonstrate that judicial decisions can shape counter-terrorism policies.
- Topic:
- Human Rights, Terrorism, United Nations, and Counterinsurgency
- Political Geography:
- Europe