Enhancing the Legitimacy of UN Security Council Sanctions by Strengthening Fair and Clear Procedures

The UN Security Council addressed the issue of due process protection for individuals designated for counter-terrorism sanctions when it created the Office of the Ombudsperson in 2009. However, fundamental rights to due process continued to be denied for those designated for individual UN sanctions for other (non-terrorism) activities, which account for the majority of the individuals and entities currently designated for sanctions by the Security Council. This has created ongoing challenges to the legitimacy of the Council due to its inattention to the rights of individuals designated for sanctions. A significant enhancement of the Focal Point Mechanism first created within the Secretariat in 2006 was made possible with the passage of UN Security Council Resolution 2744 in July 2024. This article charts the course of incremental, procedural reform at the Security Council on this issue, identifies core elements of due process, describes recent litigation trends challenging UN designations worldwide, summarizes the core elements of UNSCR 2744, and suggests specific proposals for addressing the remaining legitimacy deficit related to UN sanctions on individuals

Core (optical fiber · Human rights · International law · Legitimacy · Process (computing · Sanctions · Security council · Economic Sanctions and International Relations · International Law and Human Rights · Ombudsman and Human Rights