On the Al Qaida/Taliban Sanctions Regime: Due Process and Sunsetting

The Al Qaida/Taliban sanctions regime established under Resolution 1267 of the UN Security Council has been under severe strain due to lack of adherence to due process standards. Over the years, the Security Council has incrementally adopted measures to try to alleviate some of the concerns, including through the creation of an ombudsperson to receive petitions from listed individuals requesting to be de-listed. In June 2011, the Security Council adopted two resolutions further strengthening the due process standards. This paper considers whether the new measures adopted are sufficient to respond to some of the concerns raised. While the new initiatives are a significant improvement, as a matter of law, the due process objections remain.