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Combating terrorism through economic sanctions

by Dr. Gudrun Dahme

Following the attacks of 11 September 2001, the UN Security Council not only established for the first time that acts of international terrorism threaten international peace, but also ordered Member States to freeze funds, other financial assets and economic resources of persons, companies and organisations suspected of terrorism and to prohibit third parties from making such sources of financing available to them. The obligation to impose economic sanctions on non-state actors is a novelty, which began with the corresponding measures against Usama Bin Ladin and certain Al-Qaida members in force since the end of 2000. The UN resolutions as well as the EU, EC and national legal acts adopted for their implementation, which are directed against individuals named on lists, raise a variety of legal questions not only because of the coexistence of different normative bodies, but above all because of their personal nature. The present study analyzes these novel economic sanctions, which at the same time represent a new measure in the fight against terrorism. The international and European legal regulations which are the focus of the study are embedded in their context, interpreted, examined for their legality and also examined with regard to the legal protection options of those affected by them.

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