I find it hilarious that Sherri#67 talks of "international law" when the LEADERSHIP of the Palestinians is an internationally designated TERRORIST ORGANIZATION.
http://www.loc.gov/law/help/reports/pdf/2007-03957.pdf
2007
LAW LIBRARY OF CONGRESS
EUROPEAN UNION
LISTS OF TERRORIST PERSONS OR ORGANIZATIONS
Executive Summary
In the aftermath of September 11, 2001, the European Union responded immediately by adopting several legal instruments to implement Security Council Resolutions and to deal with the terrorism threat within the EU more effectively. Part of this undertaking was the drafting of two lists, one prepared under the authority the Sanctions Committee of the Security Council and endorsed by the EU, the UN/EU list; and the other, the EU list, prepared unanimously by the Council of the EU.
Both lists have raised fundamental rights questions and have been challenged before the European Courts by those listed who claimed to be included unjustifiably. In the cases of Yusuf and Kadi, the European Court of Justice upheld the EU/UN regime. On the other hand, in the case of the Organisation des Modjahedines du Peuple Iranien (OMPI), the Court annulled the decision of the Council relating to the inclusion of OMPI on the EU list. The Court did not invalidate the Regulation on the basis of which the list was prepared. Thus, the Regulation is still in force. The Council has announced that it plans to make its listing and de-listing procedure more transparent and that it intends to provide a statement of reasons to individuals or entities subject to the freezing of assets.
I. Background
Following the attacks of September 11, 2001 against the United States, the European Union responded immediately to the threat of terrorism by adopting new legislative measures. The EU’s response to the terrorist attacks was undertaken in part due to realization of the urgent need to tackle terrorism more effectively at the EU level, but also because of implementation requirements of the United Nations Security Council Resolutions. Resolution 1373/20011 obliged UN Members to immediately freeze funds, other financial assets, or any economic resources of any member of the Taliban and the Al-Qaida organizations. The requirement also applied to the assets of persons or organizations who are associated with them and have been involved in terrorist activities, including the planning, facilitation, preparation, or perpetration of terrorist acts. The UN also established a Sanctions Committee that was given the tasks of compiling a list of entities and individuals deemed to be associated with Taliban and Al-Qaida and in general ensuring the implementation of sanctions against all those included on the list.2
Currently, there are two lists of persons, groups, or entities designated as involved in terrorist activities and subjected to restrictive measures: 1) a list comprised of names designated by the UN Sanctions Committee, the Security Council, or the UN Member States (the UN/EU regime); and 2) an EU
1 The Resolution, adopted pursuant to chapter VII of the UN Charter, established a number of measures in an effort to fight terrorism. It requires Members to immediately freeze funds and other financial assets or economic resources of persons who commit, or attempt to commit, terrorist acts or participate in or facilitate the commission of terrorist acts; of entities owned or controlled by such persons; and of persons and entities acting on behalf of, or at the direction of, such persons and entities.
2 Based on Resolution 1267/1999. The list is available at the UN Web site,
http://www.un.org/sc/ committees/1267/consolist.shtml (last visited June 8, 2007).
EU: Lists of Terrorist Persons or Organizations – June 2007 The Law Library of Congress - 2
list prepared by the Council of the EU acting under authorization arising from EU legal instruments, the so-called EU autonomous regime. The Council of the EU decides unanimously on the names for that list. Both lists have been subject to constant revision and updates, as new names are added or deleted. There is no time limit or expiration date for designations to the lists. The EU/UN list contains the names of 361 individuals and 125 entities.3 As updated on May 29, 2006, the EU list included the names of forty-five individuals and forty-eight groups and entities that are subject to restrictive measures at the EU level.4 In December 2006, the names of nine more individuals were added, along with two groups or entities.5
The initial 2001 EU list prepared by the Council included only the terrorist wing of the Palestinian Organization Hamas, not the full organization.
In 2005, Hamas as a whole was included. Recently, the EU has started entering the names of the individuals and entities on the lists into the Schengen Information System.
This report examines three basic aspects related to the two lists:
a)
the criteria on the basis of which persons or organizations are designated to be added to the lists;
b)
de-listing procedures; and
c)
judicial recourse of aggrieved parties before the EU courts.