2011 10 Chinese Journal of International Law 771

The Al Qaida sanctions regime was established by the Security Council to address the threat posed by Al Qaida. However, this sanctions has been criticized for flouting basic due process requirements, particularly in relation to the listing and delisting process. This article traces the improvements made to the regime by the Security Council to test whether they are sufficient to meet due process standard.

Abstract

The Al Qaida/Taliban sanctions regime established under Resolution 1267 of the UN Security Council has been under severe strain due to lack of adherence to due process standards. Over the years, the Security Council has incrementally adopted measures to try to alleviate some of the concerns, including through the creation of an ombudsperson to receive petitions from listed individuals requesting to be de-listed. In June 2011, the Security Council adopted two resolutions further strengthening the due process standards. This paper considers whether the new measures adopted are sufficient to respond to some of the concerns raised. While the new initiatives are a significant improvement, as a matter of law, the due process objections remain.

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