ABSTRACT
Introduction The Office of the Ombudsperson was established by the United Nations (UN) Security Council (UNSC) in Resolution 1904 (2009)2 with the aim of addressing fair process concerns in the context of the use of targeted sanctions under the then Al-Qaida Taliban Sanctions regime.3 Specifically, the Ombudsperson is mandated to receive requests for delisting from listed persons and entities, to review the same and ultimately provide the Al-Qaida Sanctions Committee of the UNSC with a report that sets out observations and a recommendation on delisting. The mandate of the Ombudsperson has subsequently been renewed on three occasions and is currently extended to late December 2017.4
Much has been said and written about the Office of the Ombudsperson as a concept.5 There has also been extensive litigation surrounding the fair process issues in the use of targeted sanctions, some of which has touched upon the Ombudsperson as a mechanism in that context.6 However, the purpose of this chapter is to consider the actual practice of the Office and how it works ‘on the ground’. The chapter examines the procedure of the Office with reference to the essential components of fair process. It also considers key operational challenges and complications that arise from the tension between the competing fundamental rights at issue, namely the right to life and security and the right to fair process.
