Document Type

Article

Publication Date

2009

Publication Information

41 Case W. Res. J. Int'l L. 19 (2009).

Abstract

In response to the September 11, 2001 terrorist attacks and the growing prevalence of terrorist activities around the world, the U.N. Security Council devised and implemented a global economic sanctions regime to freeze the funds, financial assets, and economic resources of individuals and entities who finance and support acts of terrorism. Pursuant to Chapter VII of the U.N. Charter, the Security Council adopted Resolutions 1267 (1999) and 1333 (2000), which impose duties on States to prevent and sup- press the financing of terrorism. The international economic sanctions regime established by these resolutions has been characterized as "the sole vehicle for truly global action against the twin threats of Al-Qaida and the Taliban." To date, pursuant to Resolutions 1267 and 1333, approximately 490 individuals and entities have been placed on a list, known as the "Consolidated List," and their assets are required to be frozen by Member States.

Despite its importance in combating global terrorism, the Security Council's asset freeze program has reached a critical juncture. Senior counter-terrorism officials are less enthusiastic about the economic sanctions regime than ever before. Increasingly fewer names are being submitted for designation under Resolutions 1267 and 1333, and terrorist-related assets are no longer being frozen. As a result, al Qaeda and the Taliban retain ample funding to sustain their lethal operations and finance deadly terrorist attacks. In short, based on every objective measurement, the U.N. counter-terrorism sanctions program appears to be failing. Unless significant measures are taken to hold States accountable for their failure to comply with their duty to freeze terrorist assets, the anti-terrorist financing sanctions regime will cease to be relevant in the fight against global terrorism.

This article examines the evolution, operation, and implementation of the U.N. sanctions regime to freeze terrorist assets, and makes several important recommendations for enhancing the effectiveness of the counter- terrorism sanctions program.

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