United Nations Security Council Resolution 1267
Encyclopedia
United Nations
Security Council Resolution
1267, adopted unanimously on October 15, 1999, after recalling resolutions 1189
(1998), 1193
(1998) and 1214
(1998) on the situation in Afghanistan
, the Council established a sanctions regime
to cover individuals and entities associated with Al-Qaida, Osama bin Laden
and/or the Taliban wherever located.
The regime has since been reaffirmed and modified by a dozen further UN Security Council Resolutions. It caused dire hardship to the people of Afghanistan under the Taliban regime at a time when they were heavily reliant on international food aid, while failing to satisfy any of its demands. Since the US Invasion of Afghanistan
in 2001, the sanctions have been applied to individuals and organizations in all parts of the world.
The regime is composed of a UN Security Council Committee, a consolidated list of people and entities it has determined as being associated with Al-Qaeda or the Taliban, and laws which must be passed within each member nation in order to implement the sanctions. The Committee receives reports from each nation as to how the work is proceeding, and is able to vary the conditions imposed on any individual as it sees fit.
There was no right of appeal against listing until December 2006.
(2000), were adopted on 15 October 1999 and 19 December 2000 respectively. They were warmly welcomed by the ambassador for Afghanistan
who was not a representative of the Taliban regime that had conquered 80% of his country. Only Malaysia expressed reservations about their effectiveness and concern about the humanitarian consequences to the extent of abstaining on the second resolution. Although voting for the second resolution, United Kingdom
privately opposed it on account of the already dire humanitarian situation and the expectation that there would be a backlash against UN aid organizations providing relief in the country.
The first resolution followed the sanctions regime imposed by the United States
on 5 July 1999 by an executive order after intelligence officials had found bin Laden controlled money flowing through banks.
The resolutions imposed a series of demands on member states as well as on Afghanistan under Chapter VII of the United Nations Charter
. The first included:
There were angry demonstrations at the UN offices in Kabul
the day after the sanctions were imposed. The international postal service was shut down. A flight over Iran carrying supplies to Baghdad was blocked in October 2000, and another was allowed to Germany carrying sick children.
The December 2000 resolution strengthened the regime and imposed additional conditions:
The following month the BBC reported that the list produced by the UN of officials against whom the sanctions were to be applied was inaccurate and failed to contain any military commanders. Senior UN officials said that the sanctions were completely inappropriate due to the chaos they were causing to the relief missions at a time of a famine.
Shortly thereafter the Taliban showed signs of willingness to strike a deal concerning bin Laden in spite of the political damage it would cause them. They had also substantially reduced the cultivation of opium poppies.
On 30 July 2001 UN Security Council Resolution 1363
established a Monitoring Group and a Sanctions Enforcement Support Team to monitor and assist implementation of the measures.
Commissioner for Human Rights
Thomas Hammarberg
has stated he believes the "arbitrary procedures for terrorist black-listing must now be changed". He stated that he believes the measures have affected a number of rights of the targeted individuals, including the right to privacy, the right to property, the right of association, the right to travel or freedom of movement, and there has been no possibility to appeal or even know all the reasons for the blacklisting, eliminating the right to an effective remedy and due process.
UN Special Rapporteur on the promotion and protection of human rights Martin Scheinin stated that "terrorist listing procedures did not meet due process requirements of fair trial". He suggested "introducing an independent review body composed of independent experts, which would be part of the Security Council’s decision-making procedure" or even to abolish the 1267 Committee and move the question of listing to the Counter-Terrorism Committee’s jurisdiction, on the basis of resolution 1373 (2001).
Canadian Federal Court Judge Russel Zinn wrote in a judgement about the case of Abousfian Abdelrazik (who was listed in 2006), "I add my name to those who view the 1267 Committee regime as a denial of basic legal remedies and as untenable under the principles of international human rights. There is nothing in the listing or de-listing procedure that recognizes the principles of natural justice or that provides for basic procedural fairness…. (…) It can hardly be said that the 1267 Committee process meets the requirement of independence and impartiality when, as appears may be the case involving Mr. Abdelrazik, the nation requesting the listing is one of the members of the body that decides whether to list or, equally as important, to de-list a person. The accuser is also the judge."
began in October 2001 following a series of ultimatums to the Taliban to hand over Osama bin Laden
whom the United States asserted was responsible for the 11 September 2001 attacks. The Taliban regime appeared to overrule a decision by an emergency meeting of Afghan clerics to ask bin Laden to leave voluntarily, and declared that it would be an insult to Islam to hand him over without any actual evidence of guilt.
Anti-Taliban forces retook the country, and a new government was set up under Hamid Karzai
in December, 2001.
On 15 January 2002, the Security Council lifted sanctions from Ariana Afghan Airlines
as it was no longer operated by the Taliban in Resolution 1388
. The following day, in Resolution 1390
, they cancelled all further flight restrictions, but reiterated the financial and military sanctions against Taliban associated individuals and gave all countries 90 days to report on the measures they were taking.
On 20 December 2002, the Security Council, under Resolution 1452
, changed the enforcement regime so that individual countries could administer their own exemptions to the financial sanctions. Until then, all financial transactions involving someone who had been designated by the committee as an associate of the Taliban had to be authorized on a case-by-case basis on the grounds of humanitarian need. This resolution allowed countries to free up funds for such individuals for the purposes of paying for food, rent, medicine, tax, legal fees, and so forth. In the United Kingdom
the sanctions regime
is severe enough that it has been found to apply to the wife of a listed individual who was prevented from withdrawing enough money to take her children to the swimming pool.
The following month in Resolution 1455
the Security Council reinstated the Monitoring Group and reminded all countries that they should be implementing the sanctions and writing reports.
On 20 January 2003 the Security Council convened a high level meeting of ministers to discuss the subject of combatting terrorism. Resolution 1456
itself was simply the adoption of a declaration made by the ministers, urging intensified efforts from the Counter-Terrorism Committee
.
On 30 January 2004 the Security Council passed Resolution 1526
(2004) to strengthen the regime and demanded that:
On 29 July 2005 the Security Council passed Resolution 1617
(2005) to formalize the procedure for putting individuals onto the Consolidated List.
On 8 August 2006 the Security Council passed Resolution 1699
(2006) welcoming the role of Interpol
in applying the sanctions and requesting the Secretary-General to increase cooperation.
commissioned a study on the question: "Is the UN Security Council... obliged to ensure that rights of due process, or 'fair and clear procedures', are made available to individuals and entities directly targeted with sanctions under Chapter VII of the UN Charter?"
The report, published in March 2006, was purely theoretical and made no reference to any of the cases. While acknowledging the fact that the UN was a supra-national body to which none of the human rights treaties were targeted, it did find that there were "legitimate expectations that the UN itself, when its action has a direct impact on the rights and freedoms of an individual, observes standards of due process... on which the person concerned can rely." The fact that "Member States have no authority to review the names of individuals and entities specified by the responsible committee of the Security Council, with the aim of ascertaining [their need to be sanctioned]", meant that people who are targeted need to express their rights before the council. These were that they be informed of the measures taken against them as soon as possible, and that they be able to bring their case before an impartial judge.
On 19 December 2006, the Security Council adopted Resolution 1730
(2006) to establish a de-listing procedure whereby those who found themselves on the list could petition the committee for it to consider their case. During the meeting, the French ambassador said that the inadequacy of the procedures had affected the efficacy of sanctions, and the ambassador for Qatar
said that it didn't go far enough in respect of legal norms and standards.
The listing procedure also remained opaque until 22 December 2006 when the Security Council adopted Resolution 1735
(2006) which contained a series of forms that countries should fill out in order to put names of people and entities who have connection to the Taliban onto the list.
Throughout its period of operation, the Security Council Committee has issued press releases whenever it makes a change to the list. Sometimes these are of people who are being held in prison in places such as Germany.
When the sanctions measures (based on the Consolidated List) was reaffirmed by resolution 1822(2008), the ambassador from Costa Rica
expressed concern that the listing and delisting procedure still did not comply with international standards of due process.
In the summary report submitted to the Council, recommendations were made to improve the user-friendliness of the sanctions website, "for example, by introducing RSS feeds, a map of the website and an internal search function." Also a request for a hit counter – "to explore the technical modalities involved in introducing a tool to track the use of [the] website and ensure that it is fulfilling its intended purpose."
. The decision means the five will no longer be subject to an international travel ban, assets freeze and arms embargo. The five men, all high-ranking members of the former Islamic Emirate of Afghanistan
:
All had been added to the list in January or February 2001 .
the regime was implemented through the Financial Sanctions Unit
of the Bank of England
using the powers granted by the United Nations Act 1946
. A number of individuals and their families have been swept up by the measures.
In the United States
, the responsible agency is the Office of Foreign Assets Control
.
United Nations
The United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and achievement of world peace...
Security Council Resolution
United Nations Security Council Resolution
A United Nations Security Council resolution is a UN resolution adopted by the fifteen members of the Security Council; the UN body charged with "primary responsibility for the maintenance of international peace and security"....
1267, adopted unanimously on October 15, 1999, after recalling resolutions 1189
United Nations Security Council Resolution 1189
United Nations Security Council Resolution 1189, adopted unanimously on August 13, 1998, after expressing its deep disturbance at the bombings in Nairobi, Kenya, and Dar es Salaam, Tanzania on August 7, 1998, the Council strongly condemned the terrorist attacks and called on countries to adopt...
(1998), 1193
United Nations Security Council Resolution 1193
United Nations Security Council Resolution 1193, adopted unanimously on August 28, 1998, after recalling Resolution 1076 concerning Afghanistan, the Council discussed the deteriorating political, military and humanitarian situation in Afghanistan during the ongoing civil war in the country.In the...
(1998) and 1214
United Nations Security Council Resolution 1214
United Nations Security Council Resolution 1214, adopted unanimously on December 8, 1998, after recalling resolutions 1076 and 1193 concerning Afghanistan, the Council discussed the deteriorating political, military and humanitarian situation in Afghanistan and established a civil affairs unit as...
(1998) on the situation in Afghanistan
Afghanistan
Afghanistan , officially the Islamic Republic of Afghanistan, is a landlocked country located in the centre of Asia, forming South Asia, Central Asia and the Middle East. With a population of about 29 million, it has an area of , making it the 42nd most populous and 41st largest nation in the world...
, the Council established a sanctions regime
Economic sanctions
Economic sanctions are domestic penalties applied by one country on another for a variety of reasons. Economic sanctions include, but are not limited to, tariffs, trade barriers, import duties, and import or export quotas...
to cover individuals and entities associated with Al-Qaida, Osama bin Laden
Osama bin Laden
Osama bin Mohammed bin Awad bin Laden was the founder of the militant Islamist organization Al-Qaeda, the jihadist organization responsible for the September 11 attacks on the United States and numerous other mass-casualty attacks against civilian and military targets...
and/or the Taliban wherever located.
The regime has since been reaffirmed and modified by a dozen further UN Security Council Resolutions. It caused dire hardship to the people of Afghanistan under the Taliban regime at a time when they were heavily reliant on international food aid, while failing to satisfy any of its demands. Since the US Invasion of Afghanistan
War in Afghanistan (2001–present)
The War in Afghanistan began on October 7, 2001, as the armed forces of the United States of America, the United Kingdom, Australia, and the Afghan United Front launched Operation Enduring Freedom...
in 2001, the sanctions have been applied to individuals and organizations in all parts of the world.
The regime is composed of a UN Security Council Committee, a consolidated list of people and entities it has determined as being associated with Al-Qaeda or the Taliban, and laws which must be passed within each member nation in order to implement the sanctions. The Committee receives reports from each nation as to how the work is proceeding, and is able to vary the conditions imposed on any individual as it sees fit.
There was no right of appeal against listing until December 2006.
Imposition of the sanctions
The first two Security Council Resolutions, 1267 and 1333United Nations Security Council Resolution 1333
United Nations Security Council Resolution 1333, adopted on December 19, 2000, after recalling all resolutions on the situation in Afghanistan, including Resolution 1267 , the Council called for a ban of military assistance to the Taliban, closure of its camps and an end to the provision of...
(2000), were adopted on 15 October 1999 and 19 December 2000 respectively. They were warmly welcomed by the ambassador for Afghanistan
Afghanistan
Afghanistan , officially the Islamic Republic of Afghanistan, is a landlocked country located in the centre of Asia, forming South Asia, Central Asia and the Middle East. With a population of about 29 million, it has an area of , making it the 42nd most populous and 41st largest nation in the world...
who was not a representative of the Taliban regime that had conquered 80% of his country. Only Malaysia expressed reservations about their effectiveness and concern about the humanitarian consequences to the extent of abstaining on the second resolution. Although voting for the second resolution, United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
privately opposed it on account of the already dire humanitarian situation and the expectation that there would be a backlash against UN aid organizations providing relief in the country.
The first resolution followed the sanctions regime imposed by the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
on 5 July 1999 by an executive order after intelligence officials had found bin Laden controlled money flowing through banks.
The resolutions imposed a series of demands on member states as well as on Afghanistan under Chapter VII of the United Nations Charter
Chapter VII of the United Nations Charter
Chapter VII of the United Nations Charter sets out the UN Security Council's powers to maintain peace. It allows the Council to "determine the existence of any threat to the peace, breach of the peace, or act of aggression" and to take military and nonmilitary action to "restore international peace...
. The first included:
- The Taliban must not allow territory under its control to be used for terrorist training.
- The Taliban must turn over Osama bin Laden to the appropriate authorities.
- All countries must deny flight permission to all Taliban operated aircraft.
- All countries must freeze all financial resources that could benefit the Taliban.
- All countries must report back within 30 days on what measures they had taken.
There were angry demonstrations at the UN offices in Kabul
Kabul
Kabul , spelt Caubul in some classic literatures, is the capital and largest city of Afghanistan. It is also the capital of the Kabul Province, located in the eastern section of Afghanistan...
the day after the sanctions were imposed. The international postal service was shut down. A flight over Iran carrying supplies to Baghdad was blocked in October 2000, and another was allowed to Germany carrying sick children.
The December 2000 resolution strengthened the regime and imposed additional conditions:
- The Taliban must eliminate all illicit cultivation of the opium poppy.
- All countries must prevent the sale of all military equipment to the Taliban controlled territories.
- All countries must prevent the sale of acetic anhydrideAcetic anhydrideAcetic anhydride, or ethanoic anhydride, is the chemical compound with the formula 2O. Commonly abbreviated Ac2O, it is the simplest isolatable acid anhydride and is a widely used reagent in organic synthesis...
(a chemical used in the production of heroin) to Afghanistan. - All countries must restrict the entry and transit of all high ranking Taliban officials through their territories.
- All offices of Ariana Afghan AirlinesAriana Afghan AirlinesAriana Afghan Airlines Co. Ltd. is the oldest and the national airline of Afghanistan, and is currently the largest Afghan airline, headquartered in Kabul...
must be closed down.
The following month the BBC reported that the list produced by the UN of officials against whom the sanctions were to be applied was inaccurate and failed to contain any military commanders. Senior UN officials said that the sanctions were completely inappropriate due to the chaos they were causing to the relief missions at a time of a famine.
Shortly thereafter the Taliban showed signs of willingness to strike a deal concerning bin Laden in spite of the political damage it would cause them. They had also substantially reduced the cultivation of opium poppies.
On 30 July 2001 UN Security Council Resolution 1363
United Nations Security Council Resolution 1363
United Nations Security Council Resolution 1363, adopted unanimously on July 30, 2001, after reaffirming all resolutions on the situation in Afghanistan, including resolutions 1267 and 1333 , the Council requested the Secretary-General to establish a mechanism to monitor the implementation of...
established a Monitoring Group and a Sanctions Enforcement Support Team to monitor and assist implementation of the measures.
Criticism
Council of EuropeCouncil of Europe
The Council of Europe is an international organisation promoting co-operation between all countries of Europe in the areas of legal standards, human rights, democratic development, the rule of law and cultural co-operation...
Commissioner for Human Rights
Commissioner for Human Rights
The Commissioner for Human Rights is an independent institution within the Strasbourg-based Council of Europe, mandated to promote the awareness of and respect for human rights in member states...
Thomas Hammarberg
Thomas Hammarberg
Thomas Hammarberg is a Swedish diplomat and human rights defender.He is currently the Commissioner for Human Rights at the Council of Europe in Strasbourg...
has stated he believes the "arbitrary procedures for terrorist black-listing must now be changed". He stated that he believes the measures have affected a number of rights of the targeted individuals, including the right to privacy, the right to property, the right of association, the right to travel or freedom of movement, and there has been no possibility to appeal or even know all the reasons for the blacklisting, eliminating the right to an effective remedy and due process.
UN Special Rapporteur on the promotion and protection of human rights Martin Scheinin stated that "terrorist listing procedures did not meet due process requirements of fair trial". He suggested "introducing an independent review body composed of independent experts, which would be part of the Security Council’s decision-making procedure" or even to abolish the 1267 Committee and move the question of listing to the Counter-Terrorism Committee’s jurisdiction, on the basis of resolution 1373 (2001).
Canadian Federal Court Judge Russel Zinn wrote in a judgement about the case of Abousfian Abdelrazik (who was listed in 2006), "I add my name to those who view the 1267 Committee regime as a denial of basic legal remedies and as untenable under the principles of international human rights. There is nothing in the listing or de-listing procedure that recognizes the principles of natural justice or that provides for basic procedural fairness…. (…) It can hardly be said that the 1267 Committee process meets the requirement of independence and impartiality when, as appears may be the case involving Mr. Abdelrazik, the nation requesting the listing is one of the members of the body that decides whether to list or, equally as important, to de-list a person. The accuser is also the judge."
Post-Taliban resolutions
The U.S. invasion of AfghanistanWar in Afghanistan (2001–present)
The War in Afghanistan began on October 7, 2001, as the armed forces of the United States of America, the United Kingdom, Australia, and the Afghan United Front launched Operation Enduring Freedom...
began in October 2001 following a series of ultimatums to the Taliban to hand over Osama bin Laden
Osama bin Laden
Osama bin Mohammed bin Awad bin Laden was the founder of the militant Islamist organization Al-Qaeda, the jihadist organization responsible for the September 11 attacks on the United States and numerous other mass-casualty attacks against civilian and military targets...
whom the United States asserted was responsible for the 11 September 2001 attacks. The Taliban regime appeared to overrule a decision by an emergency meeting of Afghan clerics to ask bin Laden to leave voluntarily, and declared that it would be an insult to Islam to hand him over without any actual evidence of guilt.
Anti-Taliban forces retook the country, and a new government was set up under Hamid Karzai
Hamid Karzai
Hamid Karzai, GCMG is the 12th and current President of Afghanistan, taking office on 7 December 2004. He became a dominant political figure after the removal of the Taliban regime in late 2001...
in December, 2001.
On 15 January 2002, the Security Council lifted sanctions from Ariana Afghan Airlines
Ariana Afghan Airlines
Ariana Afghan Airlines Co. Ltd. is the oldest and the national airline of Afghanistan, and is currently the largest Afghan airline, headquartered in Kabul...
as it was no longer operated by the Taliban in Resolution 1388
United Nations Security Council Resolution 1388
United Nations Security Council Resolution 1388, adopted unanimously on January 15, 2002, after recalling resolutions 1267 and 1333 on the situation in Afghanistan, the Council, acting under Chapter VII of the United Nations Charter, lifted sanctions against Ariana Afghan Airlines as the airline...
. The following day, in Resolution 1390
United Nations Security Council Resolution 1390
United Nations Security Council Resolution 1390, adopted unanimously on January 16, 2002, after recalling resolutions 1267 , 1333 , 1363 , 1368 , 1373 1378 and 1383 concerning the situation in Afghanistan and terrorism, the Council imposed further sanctions on Osama bin Laden, Al-Qaeda, the...
, they cancelled all further flight restrictions, but reiterated the financial and military sanctions against Taliban associated individuals and gave all countries 90 days to report on the measures they were taking.
On 20 December 2002, the Security Council, under Resolution 1452
United Nations Security Council Resolution 1452
United Nations Security Council Resolution 1452, adopted unanimously on December 20, 2002, after recalling resolutions 1267 , 1333 , 1363 , 1368 and 1390 concerning Al-Qaeda, the Taliban and terrorism, the Council decided that financial sanctions against the organisations would not apply to...
, changed the enforcement regime so that individual countries could administer their own exemptions to the financial sanctions. Until then, all financial transactions involving someone who had been designated by the committee as an associate of the Taliban had to be authorized on a case-by-case basis on the grounds of humanitarian need. This resolution allowed countries to free up funds for such individuals for the purposes of paying for food, rent, medicine, tax, legal fees, and so forth. In the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
the sanctions regime
Financial Sanctions Unit
The Financial Sanctions Unit of the Bank of England administers financial sanctions in the United Kingdom on behalf of HM Treasury. It has been in operation since before 1993 when it applied sanctions against the Government of Libya...
is severe enough that it has been found to apply to the wife of a listed individual who was prevented from withdrawing enough money to take her children to the swimming pool.
The following month in Resolution 1455
United Nations Security Council Resolution 1455
United Nations Security Council Resolution 1455, adopted unanimously on January 17, 2003, after recalling resolutions 1267 , 1333 , 1363 , 1373 , 1390 and 1452 concerning Al-Qaeda, the Taliban and terrorism, the Council improved the implementation of measures against the groups...
the Security Council reinstated the Monitoring Group and reminded all countries that they should be implementing the sanctions and writing reports.
On 20 January 2003 the Security Council convened a high level meeting of ministers to discuss the subject of combatting terrorism. Resolution 1456
United Nations Security Council Resolution 1456
United Nations Security Council Resolution 1456, adopted unanimously on January 20, 2003 in a meeting at the foreign minister level, the Council adopted a declaration calling on all states to prevent and suppress all support for terrorism...
itself was simply the adoption of a declaration made by the ministers, urging intensified efforts from the Counter-Terrorism Committee
Counter-Terrorism Committee
The Counter-Terrorism Committee is a subsidiary body of the United Nations Security Council.In the wake of the 11 September 2001 terrorist attacks in the United States, the United Nations Security Council unanimously adopted resolution 1373, which, among its provisions, obliges all States to...
.
On 30 January 2004 the Security Council passed Resolution 1526
United Nations Security Council Resolution 1526
United Nations Security Council Resolution 1526, adopted unanimously on January 30, 2004, after recalling resolutions 1267 , 1333 , 1363 , 1373 , 1390 , 1452 and 1455 concerning terrorism, the Council tightened sanctions against Al-Qaeda, the Taliban, Osama bin Laden and associated individuals...
(2004) to strengthen the regime and demanded that:
- All countries must immediately freeze all economic resources that could directly or indirectly benefit anyone on the list
- All countries must prevent entry and transit through their territories of people on the list
- All countries who had not yet done so had to submit their reports by 31 March
On 29 July 2005 the Security Council passed Resolution 1617
United Nations Security Council Resolution 1617
United Nations Security Council Resolution 1617, adopted unanimously on July 29, 2005, after recalling resolutions 1267 , 1333 , 1363 , 1373 , 1390 , 1452 , 1455 , 1526 and 1566 concerning terrorism, the Council renewed sanctions against Al-Qaeda, the Taliban, Osama bin Laden and associated...
(2005) to formalize the procedure for putting individuals onto the Consolidated List.
On 8 August 2006 the Security Council passed Resolution 1699
United Nations Security Council Resolution 1699
United Nations Security Council Resolution 1699, adopted unanimously on August 8, 2006, after recalling Resolution 1617 on co-operation between Interpol and the Committee established in Resolution 1267 , the Council requested the Secretary-General to take steps to increase co-operation between the...
(2006) welcoming the role of Interpol
Interpol
Interpol, whose full name is the International Criminal Police Organization – INTERPOL, is an organization facilitating international police cooperation...
in applying the sanctions and requesting the Secretary-General to increase cooperation.
Listing and de-listing procedures
Aware of the problem of a lack of minimum standards of evidence or transparency in listing process, and given the relatively high number of individuals on the list, the United Nations Office of Legal AffairsUnited Nations Office of Legal Affairs
The United Nations Office of Legal Affairs is a United Nations agency, established in 1946, that performs several key functions in the area of international law....
commissioned a study on the question: "Is the UN Security Council... obliged to ensure that rights of due process, or 'fair and clear procedures', are made available to individuals and entities directly targeted with sanctions under Chapter VII of the UN Charter?"
The report, published in March 2006, was purely theoretical and made no reference to any of the cases. While acknowledging the fact that the UN was a supra-national body to which none of the human rights treaties were targeted, it did find that there were "legitimate expectations that the UN itself, when its action has a direct impact on the rights and freedoms of an individual, observes standards of due process... on which the person concerned can rely." The fact that "Member States have no authority to review the names of individuals and entities specified by the responsible committee of the Security Council, with the aim of ascertaining [their need to be sanctioned]", meant that people who are targeted need to express their rights before the council. These were that they be informed of the measures taken against them as soon as possible, and that they be able to bring their case before an impartial judge.
On 19 December 2006, the Security Council adopted Resolution 1730
United Nations Security Council Resolution 1730
United Nations Security Council Resolution 1730, adopted unanimously on December 19, 2006, after emphasising the role of sanctions, the Council requested the Secretary-General to establish a focal point within the Secretariat to ensure "fair and clear" procedures for placing individuals and...
(2006) to establish a de-listing procedure whereby those who found themselves on the list could petition the committee for it to consider their case. During the meeting, the French ambassador said that the inadequacy of the procedures had affected the efficacy of sanctions, and the ambassador for Qatar
Qatar
Qatar , also known as the State of Qatar or locally Dawlat Qaṭar, is a sovereign Arab state, located in the Middle East, occupying the small Qatar Peninsula on the northeasterly coast of the much larger Arabian Peninsula. Its sole land border is with Saudi Arabia to the south, with the rest of its...
said that it didn't go far enough in respect of legal norms and standards.
The listing procedure also remained opaque until 22 December 2006 when the Security Council adopted Resolution 1735
United Nations Security Council Resolution 1735
United Nations Security Council Resolution 1735, adopted unanimously on December 22, 2006, after recalling resolutions 1267 , 1333 , 1363 , 1373 , 1390 , 1452 , 1455 , 1526 , 1566 , 1617 , 1624 and 1699 on terrorism, the Council approved measures to improve the identification and control of...
(2006) which contained a series of forms that countries should fill out in order to put names of people and entities who have connection to the Taliban onto the list.
Throughout its period of operation, the Security Council Committee has issued press releases whenever it makes a change to the list. Sometimes these are of people who are being held in prison in places such as Germany.
When the sanctions measures (based on the Consolidated List) was reaffirmed by resolution 1822(2008), the ambassador from Costa Rica
Costa Rica
Costa Rica , officially the Republic of Costa Rica is a multilingual, multiethnic and multicultural country in Central America, bordered by Nicaragua to the north, Panama to the southeast, the Pacific Ocean to the west and the Caribbean Sea to the east....
expressed concern that the listing and delisting procedure still did not comply with international standards of due process.
In the summary report submitted to the Council, recommendations were made to improve the user-friendliness of the sanctions website, "for example, by introducing RSS feeds, a map of the website and an internal search function." Also a request for a hit counter – "to explore the technical modalities involved in introducing a tool to track the use of [the] website and ensure that it is fulfilling its intended purpose."
Individuals subject to sanctions
- See articles for references
- Ezatullah HaqqaniEzatullah HaqqaniMaulavi Ezatullah Haqqani is a citizen of Afghanistan identified as a member of the Taliban's leadership.He was described as being the Taliban's Deputy Minister of Planningin United Nations Resolution 1390.On United Nations Resolution 1267...
– the Taliban's Deputy Minister for Planning - Ahmed YusufAhmed YusufAhmed Ali Yusuf is a Somali-born Swedish citizen who was listed on the United Nations list of individuals belonging to or associated with the al-Qaeda organisation.-Biography:...
– A Somali-born Swedish citizen put on the list because of his affiliation with the wire transfer network al-BarakatAl-Barakatal-Barakat or al-Barakaat , which means "Blessings" in Arabic, is a group of companies established in Somalia in 1986. Al-Barakat has involved itself in the modern form of hawala, an informal value transfer system, and the remittance trade. By 2001, it was operating in 40 countries and was the...
. Removed from the list in 24 August 2006 when all accusations were dropped. - Mohamed MoumouMohamed MoumouMohamed Moumou was a Moroccan-born Swedish national who was the No. 2 leader of al-Qaida in Iraq and the senior leader in Northern Iraq...
– SwedishSwedenSweden , officially the Kingdom of Sweden , is a Nordic country on the Scandinavian Peninsula in Northern Europe. Sweden borders with Norway and Finland and is connected to Denmark by a bridge-tunnel across the Öresund....
citizen of MoroccanMoroccoMorocco , officially the Kingdom of Morocco , is a country located in North Africa. It has a population of more than 32 million and an area of 710,850 km², and also primarily administers the disputed region of the Western Sahara...
descent added to the list on 7 December 2006, added at the request of the United States. - Sa'ad Al-FaqihSa'ad Al-FaqihDr Sa'ad Rashed Mohammad al-Faqih , also known as Sa'ad Al-Fagih, Sa'ad Al-Fakih or Sa'ad Al-Faki is a Muslim Saudi national who heads the Movement for Islamic Reform in Arabia . He lives in London and was a professor of surgery at King Saud University in Riyadh until 1994...
– Saudi dissident, possibly living in London, added to the list December 2004 - al-Haramain FoundationAl-Haramain FoundationAl-Haramain Islamic Foundation was a charity foundation, based in Saudi Arabia, alleged by the U.S. Department of the Treasury in a September 2004 press release to have "direct links" with Osama bin Laden...
– A charity front based in Saudi Arabia for al-QaedaAl-QaedaAl-Qaeda is a global broad-based militant Islamist terrorist organization founded by Osama bin Laden sometime between August 1988 and late 1989. It operates as a network comprising both a multinational, stateless army and a radical Sunni Muslim movement calling for global Jihad...
, many of whom associates are in the Guantanamo Bay detention camp. Listed September 2004. - Abdul Majeed al-Zindani – Yemeni academic scholar, added to list in February 2004.
- Khalid al-FawwazKhalid al-FawwazKhalid Abdulrahman al-Fawwaz kunya: Abu Omar al-Sebai is a Saudi who has been under indictment in the United States since 1998, accused of helping to prepare the1998 United States embassy bombings...
– Saudi national held captive in London. - Ali Sayyid Muhamed Mustafa al-Bakri – Former member of Egyptian Islamic Jihad, possibly remains in AfghanistanAfghanistanAfghanistan , officially the Islamic Republic of Afghanistan, is a landlocked country located in the centre of Asia, forming South Asia, Central Asia and the Middle East. With a population of about 29 million, it has an area of , making it the 42nd most populous and 41st largest nation in the world...
- Hani al-SibaiHani al-SibaiHani al-Sibai , also known as Hani Mohammed Yusuf al-Siba'i and Hani al-Said al-Siba'i Yusuf...
– Egyptian living in London, added September 2005 at the request of the Egyptian government. - Abousfian AbdelrazikAbousfian AbdelrazikAbousfian Abdelrazik or Abu Sufian Abd Al-Razziq is a Sudanese-born Canadian dual citizen. On July 23, 2006 the United States Department of the Treasury designated him as a supporter of al-Qaeda and a terrorist, but he was subsequently cleared in multiple investigations by the Sudanese...
– Sudanese-Canadian citizen, added to list at U.S. request without explanation, repeatedly cleared of terrorist ties, remains listed - Anwar al-AwlakiAnwar al-AwlakiAnwar al-Awlaki was an American and Yemeni imam who was an engineer and educator by training. According to U.S. government officials, he was a senior talent recruiter and motivator who was involved with planning operations for the Islamist militant group al-Qaeda...
– Yemeni-American citizen, linked to various terrorist plots and al-Qaeda
2010 lift
On January 27, 2010, a United Nations sanctions committee removed five former senior Taliban officials from its list of al-Qaeda and Taliban members in a move favoured by Afghan President KarzaiHamid Karzai
Hamid Karzai, GCMG is the 12th and current President of Afghanistan, taking office on 7 December 2004. He became a dominant political figure after the removal of the Taliban regime in late 2001...
. The decision means the five will no longer be subject to an international travel ban, assets freeze and arms embargo. The five men, all high-ranking members of the former Islamic Emirate of Afghanistan
Islamic Emirate of Afghanistan
The Islamic Emirate of Afghanistan was founded in 1996 when the Taliban began their rule of Afghanistan and ended with their fall from power in 2001...
:
- Wakil Ahmad Muttawakil, former foreign minister.
- Fazal MohammadFazal MohammadMullah Fazal Mohammad is a citizen of Afghanistan and formerly a Taliban militia commander who was captured on November 25, 2001.According to the Australian Broadcasting Corporation, he was the Taliban militia's "commander in Afghanistan's southern region along the Pakistan border" in 2001...
, former deputy minister of commerce. - Shams-us-Safa Aminzai, former Taliban foreign affairs press officer.
- Mohammad Musa Hottak, former deputy minister of planning.
- Abdul HakimMaulavi Abdul Hakim MunibMaulavi Abdul Hakim Munib is an Afghan politician, born about 1971. He was Governor of Oruzgan province from March 18, 2006 through August 2007, when he was replaced.- Background :...
, former deputy minister of frontier affairs.
All had been added to the list in January or February 2001 .
National offices responsible for implementation
In the United KingdomUnited Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
the regime was implemented through the Financial Sanctions Unit
Financial Sanctions Unit
The Financial Sanctions Unit of the Bank of England administers financial sanctions in the United Kingdom on behalf of HM Treasury. It has been in operation since before 1993 when it applied sanctions against the Government of Libya...
of the Bank of England
Bank of England
The Bank of England is the central bank of the United Kingdom and the model on which most modern central banks have been based. Established in 1694, it is the second oldest central bank in the world...
using the powers granted by the United Nations Act 1946
United Nations Act 1946
The United Nations Act 1946 was passed by the Parliament of the United Kingdom as a means of putting the job of implementing the resolutions of the United Nations Security Council in the hands of the government rather than Parliament...
. A number of individuals and their families have been swept up by the measures.
In the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
, the responsible agency is the Office of Foreign Assets Control
Office of Foreign Assets Control
The Office of Foreign Assets Control is an agency of the United States Department of the Treasury under the auspices of the Under Secretary of the Treasury for Terrorism and Financial Intelligence. OFAC administers and enforces economic and trade sanctions based on U.S...
.
See also
- List of United Nations Security Council Resolutions 1201 to 1300 (1998–2000)
- United Nations Security Council Resolution 1904United Nations Security Council Resolution 1904United Nations Security Council Resolution 1904, adopted unanimously on December 17, 2009, after reiterating its "unequivocal condemnation" of Osama bin Laden, the Taliban and Al-Qaeda for "ongoing and multiple criminal terrorist acts", the Council adopted new measures to its decade-old regime of...
(2009)