Browsing by Author "Karlsson, Susanna Sofia"

This study analyzes the United Nation Security Council (SC) counter-terrorism measures, giving focus to the 1267 sanctions regime against individuals associated with terrorism. The procedures of the 1267 sanctions regime are critically reviewed, with the aim of indicating the human rights concerns, particularly relating to the fundamental procedural rights. The tension between human rights and the security interest behind the counter-terrorism measures is analyzed. Special importance is given to the nature of the sanctions measures, arguing them to be punitive and not only preventative measures. Thus, this study aims to argue that procedural rights should be guaranteed in the 1267 sanctions regime in accordance with human rights law. Secondly, this study aims to present constitutionalization of international community based on legal responsibility, which is reviewed through the progressive work of the International Law Commission. Firstly, the question of responsibility of the United Nations (UN) for the breaches of human rights obligations is analyzed, including the initial question of whether or not the human rights norms are binding towards the UN. Secondly, the focus is turned to the responsibility of the bodies implementing the SC 1267 sanctions measures. The question of responsibility for the implementation will be analyzed from two perspectives: first, from an international constitutionalist approach advocating for the hierarchy of norms in the international community. While the traditional hierarchy of norms invests supremacy to the UN Charter, the constitutionalist approach will lead to the question of responsibility for the implementation in accordance with the UN Charter obligations. When implementation measures, taken by another international or regional organization, are not in accordance with the 1267 sanctions regime obligations, the rules on responsibility will become applicable towards the organization. The second perspective for the responsibility of the implementation measures is the international pluralist approach relying on different legal orders acting parallel to each other. In connection with this perspective the question of State responsibility for circumventing its international obligations is analyzed. Third part of this study presents today’s international community after the improvements the UN has taken under the pressure of the decentralized challenges it has encountered concerning the 1267 sanctions regime. This study argues that even though the UN procedures regarding the 1267 sanctions regime have improved, they are still inadequate to accommodate the human rights concerns, particularly fundamental procedural rights, and that the constitutionalization of the international community requires rules on legal responsibility such as the ones the International Law Commission has drafted.