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Abstract

UN sanctions have been widely used in the last few decades, bringing up number of legal questions with them, particularly since their application on targeted individuals. Listed people have indeed complained of human rights violations and of the unavailability of effective remedies.

The case examined here is that of Mr Nada, a man listed under the Resolution 1267 sanctions regime in 2001, and who was consequently subjected to a travel ban and a freezing of his assets. The Swiss Federal Court took a traditional position by judging in 2007 that Switzerland, by implementing the Security Council Resolution, did not violate Mr Nada’s human rights. The European Court of Human Rights (ECtHR) heard the case in March 2011; it might follow a different approach, continuing the trend of several courts which have taken more progressive stances on similar questions. In the view of this jurisprudential tendency, but taking into account the particulars of the present case, it is interesting to discuss whether the ECtHR will keep a traditional approach of deference towards the United Nations Security Council or follow the innovative trend of review.