European Judicial Responses to Security Council Resolutions

Kushtrim Istrefi, Ph.D. (2016), teaches International and European Law at the University of Amsterdam (PPLE) and International Law Clinic at the VU University Amsterdam. He is also a visiting lecturer in Human Rights Law at the Riga Graduate School of Law.

Acknowledgements
List of Abbreviations
1 Introduction
 A Setting the Scene
 B Structure
 C The Purpose of the Study
2 Security Council Resolutions Affecting Human Rights: Targeted Sanctions and Security Detentions
 A Security Council in the New Terrain of Unconventional Threats
 B Security Council Targeted Sanctions: Targeting Individuals in the Name of Peace
  I The Evolution of Targeted Sanctions
  IIApplying Targeted Sanctions
  IIIUN Institutional Avenues for De-listing: The Focal Point and the Office of the Ombudsperson
  IVImplementation of Targeted Sanctions by Member States
  VTargeted Sanctions and the (Un)intended Consequences for Human Rights
  VIUN Initiatives to Incorporate Human Rights in the Context of Targeted Sanctions
 C Security Detentions Authorised by the Security Council
  I Resolutions Authorising Prolonged Detention
  II Displacing Human Rights through Indefinite Detentions
  III The UN Human Rights Initiatives in the Context of Security Detentions
 D Conclusions
3 Duty to Comply with Security Council Resolutions: The Force of the UN Charter
 A The Universal Reach of Security Council Resolutions
 B The Place of the UN Charter in UN Member States
  I Are all Security Council Resolutions in Compliance with the Charter?
 C The Place of the UN Charter in Non-UN Members
  I General Remarks
  II The Expected Observance of UN Charter Obligations by Non- UN Members
  III The UN Charter in the EU Legal Order
 D Conclusion
4 European Judicial Responses to Security Council Resolutions Affecting Individual Rights
 A Modes of Engagement
 B Subordination
  I Al- Jedda before the UK courts
  II Yusuf and Kadi before the EU Court of First Instance
  IIISubsequent case- law of the EU Court of First Instance: Hassan v Council of the EU and Commission and Ayadi v Council of the EU
  IV Nada before the Swiss Federal Tribunal
  V Al- Dulimi before the Swiss Federal Tribunal
  VI General Observations
 C Detachment
  I Kadi I
  II Kadi II
  III What Triggers EU Disobedience: Between Autonomy and Human Rights
 D National Resistance through Constitutional Dualism
  I Ahmed before the UK Supreme Court
 E Harmonisation
  I Al-Jedda before the ECtHR
  II Nada before the ECtHR: Harmonisation at the Level of Implementation of Security Council Resolutions
  III General Observations on Al-Jedda and Nada : The Two-Level Harmonisation Approach
  IV Al-Dulimi before the ECtHR: A Temporary Stop in the Bosphorus and Back to Harmonisation
 F Conclusions
5 The Effects of the European Jurisprudence: Human Rights, Due Process Reform and the UN Charter
 A Raising Awareness: A Wave of Droit-de-l’hommisme in Times of Crisis
 B Ensuring Genuine Protection of Human Rights?
  I Implementation of Court Decisions
  II Mr Kadi
  III Mr Ayadi
  IV Mr Ahmed
  V Mr Abdulrahim
  VI Mr Nada
  VII Mr Sayadi and Ms Vinck
  VIII Mr Al Jedda
 C Encouraging Security Council Due Process Reform?
  I The Initial Impact of the European Courts–Contributing to the Establishment of the UN Office of the Ombudsperson
  II Splitting Apart on Future Reform: Between ‘One-Size-Fits-All’ and Contextual due Process
 D Clarifying Security Council Authorisations on Security Detentions?
  I The limits of Security Detentions
  II Remaining Challenges Concerning Security Council Resolutions Authorising Detentions
 E Testing the Legal Force of the UN Charter?
 F Conclusions
6 Conclusion
 A Overview
 B The Relevance of this Contribution for Future Engagement by European Courts with Security Council Resolutions
Bibliography