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Macau Periodical Index (澳門期刊論文索引)
- Author
- Godinho, Jorge Alexandre Fernandes
- Title
- Sanctions against states versus the enforcement of criminal law against individuals: A note on UN security council resolutions freezing the assets of alleged terrorists
- Journal Name
- Universidade de Macau : Boletim da Faculdade de Direito = 法律學院學報
- Pub. Info
- 2003, No.15, pp. 145-163
- Abstract
- Abstract : This article discusses some of the impications of the emerging trend to apply asset freezes, a type of 'economic sanction' recognized by international public law, to non-State actors without a territorial base. The UN Security Council has engaged in this practice since 2000, in the context of a sanctions program started in 1999 which targeted initially the assets of the Taliban regime of Afghanistan and was then extended in 2000 to cover also the assets of Usama bin laden/Al-Qaida and related individuals. The applicatioin of sanctions against non-State actors without a territorial base follows the same enforcement mechanisms as other sanctioins programs: namely, in the case of asset freezes, banks and other financial institutions. However, there are key differences in the legal nature of multilateral sanctions against States and and what comes close to the enforcement of criminal law against individuals. Against States, asset freezes work as a means of pressure to force a certain behavior, after which they are withdrawn and normal relations resumed. This contrasts sharply with action against suspected crminals, for whom asset freezes are an interim measure leading to confiscation; on the other hand, in the field of criminal law human rights issues come into play, namely the right to have a judicial review of the asset freeze. The general conclusion of this article is that the manner in which asset freezes have been applied against individuals is highly problematic, given that it amounts to an exercise in criminal law enforcement, but without providing adequate means of legal redress; additionally, it provides an alternative toand somehow circumvents established mechanisms of inter-State legal assistance in criminal matters. Paragraph Headings: 1. Introduction 2. UN security council sanctions 3. The afghanistan / Taliban UN sanction program 4. Sanctions against non-state actors? 5. Challenging freezing orders 6. Legislative action required by the security council 7. Final remarks