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Prof. Michael Bothe

Mr. Michael Bothe
Professor of Public Law
Goethe University Frankfurt

Biography Biography in PDF

Peace and Security
Security Council
Limitations of the Powers of
the Security Council?
The Role of Human Rights
The current exercise of the powers of the Security Council relating to the maintenance of international peace and security can directly affect individual rights. This is in particular true for “targeted sanctions”. In this case, the respect due to human rights requires that the affected individuals enjoy certain procedural safeguards, including an effective remedy against a listing decision.

Original Lecture
English | Audio
(33 minutes)
Peace and Security
Security Council
Limitations of the Powers of the Security Council?
The Role of Human Rights
A. Legal Instruments
B. Jurisprudence
United States Supreme Court, Marbury v. Madison, 5 U.S. 137 (1803).

International Court of Justice, Effect of awards of compensation made by the U. N. Administrative Tribunal, Advisory Opinion of 14 July 1954, I.C.J. Reports 1954, p. 47.

Court of Justice of the European Communities, Yassin Abdullah Kadi v. Council of the European Union and Commission of the European Communities, Case C-402/05 P, Opinion of Advocate General Poiares Maduro of 16 January 2008.

Court of Justice of the European Communities, Yassin Abdullah Kadi and Al Barakaat International Foundation v. Council of the European Union and Commission of the European Communities, Joined Cases C-402/05 P and 415/05 P, Judgment of 3 September 2008.
C. Documents
Security Council Resolution 1730 of 19 December 2006.

Council of Europe, Parliamentary Assembly recommendation 1597 (2008) of 23 January 2008 (United Nations Security Council and European Union blacklists).

Council of Europe, Parliamentary Assembly recommendation 1824 (2008) of 23 January 2008 (United Nations Security Council and European Union blacklists).
D. Doctrine
M. Bothe, “Security Council’s Targeted Sanctions Against Presumed Terrorists – The Need to Comply with Human Rights Standards”, Journal of International Criminal Justice, vol. 6 (3), 2008, pp. 541-555.

I. Cameron, “UN Targeted Sanctions, Legal Safeguards and the ECHR”, Nordic Journal of International Law, vol. 72, 2006, pp. 1-56.

C. Warbrick, “The European Response to Terrorism in an Age of Human Rights”, European Journal of International Law, vol. 15, 2004, p. 989.