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Trading Justice for Security? UN Anti-terrorism, Due Process Rights and the Role of the Judiciary: Lessons for policy makers

Draghici, C. (2009). Trading Justice for Security? UN Anti-terrorism, Due Process Rights and the Role of the Judiciary: Lessons for policy makers. University of East London, Centre for Human Rights In Conflict, Policy,

Abstract

Policy-makers, domestically and in international fora, tend to address counterterrorism 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.

Publication Type: Article
Publisher Keywords: September 11 attacks, UN Security Council, Al-Qaida, terrorism, United States, UN anti-terrorist sanctions
Subjects: K Law
Departments: The City Law School > Academic Programmes
URI: http://openaccess.city.ac.uk/id/eprint/5250
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