EU High Court Invalidates Sanctions Against Al Qaeda
Yup! You can file this under “Are You Kidding Me”?!
September 3, 2008
Counterterrorism Blog
EU High Court Invalidates Sanctions Against Al Qaeda
By Jonathan Winer
In a devastating blow to existing international financial sanctions against terrorist groups, the EU’s highest court has today overturned the sanctions program imposed by the European Union on Osama bin Laden, Al-Qaeda and the Taliban. The ruling by the European Court of Justice annulled the EU’s freezing of the funds of More..Yassin Al-Kadi, a Saudi businessman who has been on terrorist financier black-lists since his listing as a “Specially Designated Global Terrorist” by the U.S. Treasury in October 2001.
The ruling only immediately affects Al-Kadi and the charity Al Barakaat, also alleged to have funded Al-Qaeda, and defers the release of their assets 90 days to give the EU the opportunity to come up with a new sanctions regime that provides the due process rights which the Court were not present in the existing EU regulation. But at first reading, it appears essentially to end the ability of the EU to impose economic sanctions against terrorists — or anyone else — in the absence of providing the designated person the opportunity to be heard in some kind of contested proceeding, followed by a process of judicial review. What would be required in such a proceeding to make an asset freeze lawful in the EU, and the extent to which assets may be held temporarily prior to such a hearing or process is not spelled out.
The allegations against Al-Kadi are very serious. He has been alleged to have financed Osama bin Laden, Hamas and other terrorist groups by funneling funds through the charities, and has been described in formal testimony by U.S. officials as a key terrorist financier and facilitator. At the request of the U.S, and supported by Saudi Arabia, the United Nations Security Council placed Al-Kadi on its global terrorist list in 2001. In turn, the EU imposed the UN sanctions on Al-Kadi on the basis of the UN Security Council resolution. It is that process that the EU’s high court has now invalidated, stating that before the EU may impose sanctions that take away someone’s property, the EU must afford the person “a reasonable opportunity fo putting his case to the competent authorities.”
How much “due process” is due an alleged terrorist before assets may be frozen is not articulated by the court. But the Court said the EU did not need to unfreeze the funds immediately, as giving the ruling immediate effect could “seriously and irreversibly prejudicing the effectiveness of the restrictive measures imposed by the regulation” by allowing Al-Kadi and Al Barakaat to move their funds out of the EU. Accordingly, it invited the EU to develop a new sanctions regulation that provides due process to the targets within the 90 day period, acknowledging that on the merits of the case the EU might have the right to impose sanctions on Al-Kadi and Al Barakaat.
The ruling was not unexpected. It follows closely the logic and reasoning of the recommendation made by the EU courts Advocate General, Poiares Maduro, in January. The result, however, represents a damaging outcome for efforts to curtail terrorist financing, in practice, wiping out the existing international sanctions regime, not only against Al Qaeda, but against any and all individuals subject to economic sanctions. The EU (and the UN) will need to act urgently to develop a system capable of meeting the court’s due process tests. The U.S., for its part, should have seen this coming, giving last January’s ruling. A new system needs to be developed to provide an efficient, effective, and legally sustainable way on a global basis of combining a vital couinter-terrorism objective with sufficient oversight and process to meet the baseline human rights and rule of law requirements now demanded throughout the EU as the result of this decision.
The immediate practical impact of this ruling remains fuzzy indeed, even if the medium-term implications are clear. Each EU member state has independent obligations to enforce UN Security Council Resolutions. Despite the Court of Justice ruling breaks, the UN order continues to require U.N. member states to freeze assets of people and entities designated by the UN for funding terror groups. The contradiction between the UN resolution requiring asset freezes, and the EU ruling, finding the EU sanctions invalid given the lack of due process, provides a further reason the countries that are part of the EU will need to develop a process solution promptly.
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Damn European liabilty…
September 3rd, 2008 at 3:30 pmUnbelievable, but what can you expect from such a morally bankrupt institution as the EU?
September 3rd, 2008 at 3:31 pmI just love our European allies!
Yunz guys stay classy, now!
Give us a ring when that whole caliphate thing goes down. If we ain’t busy, maybe we’ll think about heading over to save your asses … again.
September 3rd, 2008 at 3:37 pmThe only good part is the incoming terror money transfers back into the EU will be easy to track.
September 3rd, 2008 at 3:40 pmand we call these bastards friends? they never fail to prove otherwise but for some reason we just keep on taking it
September 3rd, 2008 at 3:54 pmWaiting now for member states to pull out. zzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzz
Good ole Ireland knew what she was doing.
September 3rd, 2008 at 3:59 pmTrack the monies to the end user and run a JDAM up their ass.
September 3rd, 2008 at 4:09 pmWTF is wrong with Europe? F them now. Come crying… I dare you.
September 3rd, 2008 at 4:14 pmI am so annoyed at them-why rule anything in favor of al-queda
September 3rd, 2008 at 4:31 pmWTF
fuck the EU institutions
September 3rd, 2008 at 4:33 pmGive ‘em due process and they’ll get all the process and none of what’s due
September 3rd, 2008 at 4:34 pmFuck em! Let the ragheads have Europe but we better not send one of our men and women over their to shed our blood on their soil. The only Europeans we should now focus own are the former Russian satellites who are asking for our assistance, the rest of them can go to hell.
September 3rd, 2008 at 4:36 pmThe only Europeans we should now focus own are the former Russian satellites who are asking for our assistance, the rest of them can go to hell.
please take care of them, see how ya do with them (ie georgia anyone )
September 3rd, 2008 at 4:40 pm“Track the monies to the end user” That would be the people making money. Banks, arms dealers and Powerful people in government.
September 3rd, 2008 at 4:49 pmIt’s a ploy. Unfreeze the money and see where it goes.
September 3rd, 2008 at 4:49 pmWhat the hell you been drinking, girl??? You’re making sense!
A few yrs. ago, before the EU officially formed, I was debating with some folks online from Europe. I told them they would regret the ‘union’ … I was shouted down that it was the only way for their economies to survive.
I conceded the passion for their ‘decision’ … and told them I hoped selling their sovereignty was worth the joined economy.
Hum …
September 3rd, 2008 at 4:58 pmAstounding.
September 3rd, 2008 at 5:01 pmSelf loathing people and governments are beyound redemption and pity.
Don’t call when Akbar and Habib start to sodomize you.
Drill, I was for the EU defined by de Gaulle and Adenauer, an economical and cultural free exchange that respected the independance of each country ; now we have that monster that takes decisions that we are not allowed to discuss or to know ; even the EU justice prevails on ours, and though we had a strong law system : the Napoleon code.
this rampant administration is admitting new members that spit on us, that joined us to get our money, now I have read that they are conviced it would also be a good idea to get Turkey
I have got a lot of work to play my “sully” part on the EU blogs
September 3rd, 2008 at 5:15 pmFuck Europe I don’t see any fucking point in sending Americans to die on European soil just so the Europeans can fuck up again and do the whole thing over. I mean fuck they couldn’t even Crusade right, and that was the whole fucking continent at war where you’d get into heaven by killing a rag head. fuck.
September 3rd, 2008 at 5:37 pmThe EU continues to suck muslim dick!
September 3rd, 2008 at 7:42 pmWell, it’s no surprise to me that we can’t count on the euros as “friends”, but perhaps if we get this al-Kadi character to poke his head up and squawk…
-=chop=-
Mossad, CIA, whomever. I can dream, anyways.
September 3rd, 2008 at 7:43 pm“I have got a lot of work to play my “sully” part on the EU blogs”
Not possible. You’re morality changes daily.
September 3rd, 2008 at 7:48 pmBut do run along.
sully, contrary to you, I follow the evolution of the world, plus what you take for my morally changes are either my mood for jokes or responses to your perfidy
youlike to mock at the others, but you have zero sense of humor for yourself
September 3rd, 2008 at 9:06 pmI mean fuck they couldn’t even Crusade right, and that was the whole fucking continent at war where you’d get into heaven by killing a rag head. fuck.
yeah ???? Godeffroy de Bouillon, the comte of Lusignan, the templars… don’t talk to you of course,
neither Algeria ?
what are iu up in the ME right now ????
September 3rd, 2008 at 9:20 pmwe can’t count on the euros as “friends”,
you still have the former eastern republics as D..ks suckers, but I heard that it’s not helpful for them, (ie Georgia anyone)
September 3rd, 2008 at 9:23 pm“youlike to mock at the others, ”
Nope. Just you. Now run along.
September 3rd, 2008 at 10:18 pmGive us a call when you get into trouble.
Please just try not to make it at 3AM.
fuckiu specie of coonhard
September 4th, 2008 at 1:39 amwhat’s the time in NC, 8 - 5 = 3
yeah, I give you a call, aiuto, apaoura, a big eowolf is scaring me, prout prout !!!! little net vermin, you can’t help
September 4th, 2008 at 1:47 amWow, nice going there EU. How ’bout FU to the EU?..what sort of enforcement do they have?…Holy secular humanism batman! - The EU, give ‘em enough rope!…
September 4th, 2008 at 8:35 am