Some readers may be interested in the recent publication of my monograph, EU Counter-Terrorism Law: Pre-emption & the Rule of Law. The book is the first sustained study of EU legislation in the field of counter-terrorism. It critically examines EU counter-terrorism measures to ascertain how rule of law principles have been affected in the ‘war on terror’. The book opens with an overview of the “war on terror”. It notes that the trend in both the UK and US
has been towards pre-emptive intervention that attempts to eliminate threats to national security before they arise. Building on twentieth-century ideas of risk and actuarial justice, these trends undermine traditional legal protections by shifting the target of law enforcement from acts already committed to action that may be committed in the future.
The book seeks to assess how these developments have had an impact on the rule of law. It develops a critical understanding of the EU rule of law and then goes on to analyse five key facets of EU counter-terrorism: Continue reading “Book Publication: EU Counter-Terrorism Law”
On January 19 next Martin Scheinin, former UN Special Rapporteur for the Protection of Human Rights in the Pursuit of Counter-Terrorism and Professor of International Law at the European University Institute will give a lecture entitled “UN Security Council Terrorist Listing and Judicial Review: The Current State of Play”. The lecture, hosted by the Centre of European Law at King’s College London, will be chaired by David Anderson Q.C. of Brick Court Chambers. Anderson is the Independent Reviewer of Terrorism Legislation and Visiting Professor at King’s College London. The event promises to explore some of the difficult issues surrounding asset-freezing at UN and EU level. The lecture will be hosted at Parliament Chamber at Inner Temple. It is open to the public but registration is required. To register, see the CEL website.
One could be forgiven, amidst the furore over the European Court of Human Rights’ Al-Khawaja judgment last Thursday, for missing the first report of the Independent Reviewer of Terrorism Legislation on the operation of the Terrorist Asset-Freezing etc Act 2010. The Report runs to over 100 pages and is the most comprehensive account of UK terrorist asset freezing in print. It is the third report of the current Independent Reviewer, David Anderson Q.C., since he took up the post in February. Asset freezing is something of a speciality of his, as he has appeared in litigation in both EU and UK courts on the matter. It is therefore unsurprising that the Report exhibits the same attention to detail that made Anderson’s previous two efforts essential reading. Continue reading “UK Asset-Freezing: Towards Reform or Refinement?”
Last week the EU General Court handed down ins judgment in Fahas v Council: yet another decision related to targeted sanctions against individuals. The case concerned the EU’s domestic list of individuals suspected of terrorism which implments Member State obligations under UN Security Council resolution 1373. Mr Sofiane Fahas, an Algerian resident in Germany, has been listed since 12 December 2002 on suspicion of involvement with the “Al Takfir and Al-Hira” group, a dissident group in Algeria. A warrant for his arrest was issued in Italy in 9 October 2000 – this warrant was the reason for his initial listing. In 2008 he was charged with four offences before Italian courts, three of which related to terrorism. Mr Fahas sought a declaration from the General Court directing the Council not to relist his unless a “final judicial decision” proved his involvement in terrorist activities and financial compensation for the harm caused to him and his wife. The first claim was inadmissible as the General Court does not possess the power to direct the EU institutions as Mr Fahas sought. Nevertheless the question as to the lawfulness of his continued listing remained. Continue reading “Targeted Sanctions based on Pending Criminal Proceedings Ruled Lawful”
The EU recently published the latest edition of its Counter-Terrorism Action Plan which is, as usual, a somewhat long and scattered read. That criticism is compounded by the addition of a separate “Addendum” which contains a list of the legislative instruments that have been adopted since 2004. This latter list contains a range of actions adopted under the former third pillar (Police and Judicial Co-operation in Criminal Matters – now merged with the first pillar since the Lisbon Treaty) and international treaties and conventions agreed under the auspices of the Council of Europe and the United Nations. Implementation of the various measures is patchy, as might be expected of action outside of the strong enforcement framework of Community law. The European Arrest Warrant has been implemented and is in operation in all Member States (though it certainly had its teething problems) while the Decision on the exchange of information and Continue reading “EU Updates its Counter-Terrorism Action Plan”
On 30 September 2010 the EU General Court handed down its decision in Case T-85/09 Kadi II. The judgment is the latest in a line of case-law that has considered the legality of the EU’s implementation of UN counter-terrorism sanctions. The Centre of European Law at King’s College London is pleased to host an evening conference examining the implications of the judgment for the European and international legal orders. Leading experts will discuss the future of the UN and EU sanctions regime in light of recent developments.
Panellists will include: Cameron Doley (Managing Partner, Carter Ruck); Marie Demetriou (Brick Court Chambers); Maya Lester (Brick Court Chambers); Professor Takis Tridimas (Queen Mary University of London); Professor Piet Eeckhout (Director, Centre of European Law); David Anderson QC (Brick Court Chambers); Dr Cian Murphy (King’s College London).
In the Chair: Professor Sir Francis Jacobs QC (King’s College London). The discussion will be followed by a wine reception. Attendance is free but registration is required. Please register at www.kcl.ac.uk/cel.
On September 30 2010 the EU’s General Court will deliver the next chapter in the story of post-September 11 EU counter-terrorism. In handing down its decision in the second challenge by Yassin Abdullah Kadi to his listing as a terrorist it will offer the European judiciary’s latest thinking on a discredited tool of counter-terrorism. Recent case-law makes it highly likely that the court will find the EU/UN listing procedure to be deficient and order Mr Kadi’s delisting on this ground. However, while there will be much to debate for lawyers and academics, recent history suggests that Mr Kadi can hope, at best, to be relisted through a slightly improved procedure.
Regular readers will know that Continue reading “Remembering 2001: Judicial Resistance to EU & UK Law”
In yet another case in the saga of asset-freezing sanctions in EU law, the European Court of Justice has held that an invalid listing of a suspected “terrorist” group cannot be the basis for prosecution under national law. The case concerned the prosecution of several individuals in German for membership of, and fundraising for, the group know as Devrimci Halk Kurtulus Partisi-Cephesi (DHKP-C, a violent Marxist group primarily based in Turkey). While not involving Regulation 881/2002 (the Taleban & Al-Qaeda sanctions list) itself, the case further develops the law on targeted sanctions in EU law.
Continue reading “Invalid Listing of "Terrorist" Group Cannot Be Basis for Prosecution”
This week, while researching a forthcoming publication on one of my favoured hobby-horses, the UN/EU sanctions regime, I noted an engaging piece on the Kadi judgment in the European Law Journal (September 2010 issue) by N. Türküler Isiksel of Columbia University. The author claims that the article “takes stock of the emerging scholarship on the European Court of Justice’s 2008 Kadi decision and seeks to make sense of the court’s apparent evasiveness towards international law”. The article goes on to “that Kadi is best understood as an act of civil disobedience prompted by the UN Security Council’s misapplication of foundational principles of the international order.” The author proceeds to take on some of the heavy-weights that have contributed to the debate, including, Continue reading “Weekend Reading: ELJ Article on Kadi”
The list of individuals subject to asset-freezing sanctions under international law (UN Security Council Resolution 1267 and its successors) and EU law (Regulation 881/2002) has received much attention here at Human Rights in Ireland (see here, here and here). Despite a stream of cases before the European and UK courts, the regime continues to operate – requiring all states to freeze the assets of individuals listed by the Security Council based on intelligence from national law enforcement authorities. The individuals are not given an opportunity to face their accusers or to challenge the evidence against them. They are given no indication what is required of them to achieve delisting and have little hope of success without the support of a national government. A recent review of the list by a Security Council sub-committee demonstrates that little is likely to change in the near future. Continue reading “"Terrorists" No More: UN Delists 45 Sanctioned Individuals”