The Human Rights Committee’s Views in Sayadi v. Belgium: A Missed Opportunity

Goettingen Journal of International Law, Vol. 1, No. 3, p. 519, 2009

20 Pages Posted: 19 Dec 2009

See all articles by Marko Milanovic

Marko Milanovic

University of Nottingham School of Law

Date Written: December 19, 2009

Abstract

The article provides a critical review of the Human Rights Committee's views in Sayadi v. Belgium, a case dealing with United Nations Security Council (UNSC) terrorist blacklists. The case raised many complex issues of international law, most notably the question whether UNSC resolutions can prevail over human rights treaties by virtue of Art. 103 of the UN Charter. This issue – one of truly fundamental importance – has cropped up in several important recent cases which either addressed it or avoided it, including Kadi before the courts of the European Union, Al-Jedda before the UK House of Lords, and Behrami before the European Court of Human Rights. Regrettably, the Committee's decision did not do justice to the complexity and the gravity of the matters raised before it, as it failed to tackle the norm conflict issue head on and ignored the Charter's supremacy clause altogether. Such an approach advances neither the cause of human rights, nor the coherence of international law as a legal system.

Keywords: international law, Sayadi, Security Council, human rights, norm conflict, Article 103, Kadi, Al-Jedda, Behrami

Suggested Citation

Milanovic, Marko, The Human Rights Committee’s Views in Sayadi v. Belgium: A Missed Opportunity (December 19, 2009). Goettingen Journal of International Law, Vol. 1, No. 3, p. 519, 2009. Available at SSRN: https://ssrn.com/abstract=1525806

Marko Milanovic (Contact Author)

University of Nottingham School of Law ( email )

Law and Social Sciences Building
University Park
Nottingham, NG7 2RD
United Kingdom

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