PhD studies in human rights: Human Rights Committee Decision Condemns Implementation of Security Council Counter-terrorism Sanctions by Belgium

Saturday 20 December 2008

Human Rights Committee Decision Condemns Implementation of Security Council Counter-terrorism Sanctions by Belgium

In Views issued following its November 2008 session, dated 9 December 2008, the United Nations Human Rights Committee has found Belgium to be in breach of the International Covenant on Civil and Political Rights for its implementation of sanctions adopted by the United Nations Security Council (http://www.mediafire.com/?n3zixsp0i3x). The two applicants, who were suspected of being El Qaeda sympathisers, had their assets frozen and found themselves unable to travel as a result of being placed on the blacklist.
In particular, the travel ban – to which Belgium had apparently objected, but felt itself obliged to enforce – constituted a violation of article 12 (freedom of movement) in that it prevented the applicants from leaving the country. Public dissemination of the names of the two applicants on the blacklist constituted a violation of article 17 (right to privacy). There are several individual and dissenting opinions, including dissents by Ruth Wedgwood and Ivan Shearer.
Security Council sanctions seem to defy the rule of law. So it is a welcome development that the United Nations Human Rights Committee has deemed itself authorised to examine the violations that result from their implementation. The decision joins a growing body of material challenging the way the sanctions are imposed, emanating from the European Court of Justice and the Parliamentary Assembly of the Council of Europe.
The decision is only available in French at present, and doesn’t seem to be posted on the website of the Office of the High Commissioner for Human Rights. It is currently being translated into English.

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William A. Schabas is professor of international law at Middlesex University in London. He is also professor of international criminal law and human rights at Leiden University, emeritus professor human rights law at the Irish Centre for Human Rights of the National University of Ireland Galway, and an honorary professor at the Chinese Academy of Social Sciences, in Beijing and Wuhan University. He is the author of more than 20 books and 300 journal articles, on such subjects as the abolition of capital punishment, genocide and the international criminal tribunals. Professor Schabas was a member of the Sierra Leone Truth and Reconciliation Commission. He was a member of the Board of Trustees of the United Nations Voluntary Fund for Technical Cooperation in Human Rights and president of the International Association of Genocide Scholars. He serves as president of the Irish Branch of the International Law Association chair of the Institute for International Criminal Investigation. He is an Officer of the Order of Canada and a member of the Royal Irish Academy. Here is the full c.v.

Dr Yvonne McDermott is Senior Lecturer in Law at Bangor University, UK, where she is also Director of Teaching and Learning and Co-Director of the Bangor Centre for International Law. Yvonne is a graduate of the National University of Ireland, Galway (B. Corp. Law, LL.B.), Leiden University (LL.M. cum laude) and the Irish Centre for Human Rights (Ph.D.). Her research focuses on fair trial rights, international criminal procedure and international criminal law. She is the author of Fairness in International Criminal Trials (Oxford University Press, 2016).

Niamh Hayes has been the Head of Office for the Institute for International Criminal Investigations (IICI) in The Hague since September 2012. She is about to complete her Ph.D. on the investigation and prosecution of sexual violence by international criminal tribunals at the Irish Centre for Human Rights, National University of Ireland Galway. She previously worked for Women's Initiatives for Gender Justice as a legal consultant, and as an intern for the defence at the ICTY in the Karadzic case. She has lectured on international criminal law and international law at Trinity College Dublin and, along with Prof. William Schabas and Dr. Yvonne McDermott, is a co-editor of The Ashgate Research Companion to International Criminal Law: Critical Perspectives (Ashgate, 2013). She is the author of over 45 case reports for the Oxford Reports on International Criminal Law and has published numerous articles and book chapters on the investigation and prosecution of sexual and gender-based violence as international crimes.

Joseph Powderly is Assistant Professor of Public International Law at the Grotius Centre for International Legal Studies, Leiden University. Between September 2008 and January 2010, he was a Doctoral Fellow/Researcher at the Irish Centre for Human Rights, where he worked, among other projects, on a Irish Government-funded investigation and report into the possible perpetration of crimes against humanity against the Rohingya people of North Rakhine State, Burma/Myanmar. He is currently in the process of completing his doctoral research which looks at the impact of theories of judicial interpretation on the development of international criminal and international humanitarian law. The central thesis aims to identify and analyze the potential emergence of a specific theory of interpretation within the sphere of judicial creativity. Along with Dr. Shane Darcy of the Irish Centre for Human Rights, he is co-editor of and contributor to the edited collection Judicial Creativity in International Criminal Tribunals which was published by Oxford University Press in 2010. He has written over 80 case-reports for the Oxford Reports on International Criminal Law, as well as numerous book chapters and academic articles on topics ranging from the principle of complementarity to Irish involvement in the drafting of the Geneva Conventions. In December 2010, he was appointed Managing Editor of the peer-reviewed journal Criminal Law Forum. His research interests while focusing on international criminal and international humanitarian law also include topics such as the history of international law and freedom of expression.