ABSTRACT
This chapter focuses on the role that courts, particularly in Europe, have played in the enforcement of United Nations (UN) Security Council (UNSC) sanctions-related resolutions that also affect the international human rights obligations of the state in question. At the outset, the chapter identifies the benchmarks for judicial protection, as developed by the courts of the European Union (EU), which are applicable within the EU legal order in relation to individuals and other entities that are subjected to targeted sanctions by the UNSC. The term judicial protection refers to the benchmarks of the right to a fair and public hearing (the term used in article 6(1) of the European Convention of Human Rights (ECHR)), as it has been developed and applied within the legal order of the EU. This identification of benchmarks is done against the backdrop of the so-called Kadi cases of 2005–2013, which served as a testing ground for the relationship between UNSC obligations and the law applied by the EU courts.
