Regaining the democratic soul? : the al Barakaat case, Sweden and the balance between targeted sanctions and human rights

Abstract

On 9 November 2001 three Swedish citizens and the Swedish branch of al Barakaat were placed on the Security Council’s (SC) blacklist for suspected terrorists. This blacklist was created by SC Resolutions 1267 and 1333 (the 1267 regime) imposing targeted sanctions on the Taliban, al Qaida and Usama bin Laden. This regime has severe negative effects on human rights, notably on the right to be heard and the right to a legal remedy. Since the 1267 regime was adopted under Chapter VII of the UN Charter its implementation is therefore mandatory for UN member states to implement the sanctions. However in the EU, the 1267 regime is implemented through EC regulations on behalf of its member states. In September 2008 the three Swedish citizens and al Barakaat successfully challenged the regulation listing them. This thesis analyses the 1267 regime from the perspective of the al Barakaat case and from the perspective of the UN/EU member state Sweden. While the Swedish Government strongly criticised the sanctions, they loyally implemented the 1267 regime and the sanctions imposed on their citizens. This thesis discusses how Sweden handled its conflicting international obligations to, on the one hand implement the 1267 regime, and on the other staying true to their obligations under international human rights law. It furthermore discusses the implications the al Barakaat has had on the implementation of the regime in the EU.