A/67/396
executive powers. The Special Rapporteur concludes that there is no sustainable
vires objection to the establishment of a mechanism of independent judicial review.
In the words of the Secretary-General: “The evolution of international law has led to
more and more rights being divested directly in the individual. … The time has
come to align the law applicable to the United Nations with the developments in
international human rights law.” 37
B.
Al-Qaida sanctions regime
24. Under resolution 1989 (2011), activities indicating that an individual or entity
is “associated with” Al-Qaida include any form of support (financial or otherwise)
for the acts or activities of Al-Qaida, or any cell, affiliate, splinter group or
derivative thereof. 38 This reflects the definitional difficulties inherent in targeting
an entity that cannot be categorized as an organization per se, and that has no
readily identifiable or coherent command and control structure, and no criteria for
membership. 39 The Council has thus signalled an expansive targeting strategy,
leaving considerable latitude for judgement by those involved in administering the
regime. 40
25. The Al-Qaida Sanctions Committee is comprised of diplomats representing all
15 members of the Security Council, and is assisted by the Monitoring Team
established under resolution 1526 (2004). 41 States may nominate any individual or
entity they consider to meet the criterion of “association” with Al-Qaida (see
para. 4), providing that the nomination is accompanied by a description of the
information that forms the basis for the proposed designation (the “statement of
case”) along with certain identifying information. 42 The Security Council, in its
resolution 1822 (2008), introduced a system for publicly disclosing “narrative
summaries” that are intended to notify the listed individual or entity of the reasons
for the listing. These summaries are prepared with the assistance of the Monitoring
Team, 43 but they may be edited to remove any information the designating State
considers sensitive. 44 The summaries appear on the Committee website, and consist
__________________
37
38
39
40
41
42
43
44
12-52254
A/65/318, para. 94.
See Security Council resolution 1989 (2011), para. 4.
As the Monitoring Team has pointed out, Al-Qaida “increasingly represents an idea of violent
opposition to a whole range of local and global circumstances rather than a coherent group with
fixed goals.”; see S/2005/83, annex, para. 9; see also S/2012/600.
The Monitoring Group has informed the Special Representative that the designation of groups
claiming adherence to Al-Qaida without necessarily having any genuine association is treated by
the Committee as a “matter of political judgment”; thus, for example, Al-Shabaab and Boko
Haram have not been designated “at this time” but may be designated in the future if the
Committee judges this to be appropriate.
See Security Council resolution 1989 (2011), annex I.
See Security Council resolutions 1617 (2005), 1735 (2006), para. 5, 1822 (2008), para. 12 and
1989 (2011), para. 13. Previously, in its resolution 1526 (2004), para. 17, the Security Council
had merely encouraged States to include identifying and background information to the greatest
extent possible.
See Security Council resolution 1989 (2011), annex I, para. (k).
By its resolution 1904 (2009), the Security Council introduced a presumption that the full
statement of case would be published except for those parts that the designating State identified
as confidential.
11
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents