The UK's current sanctions regime is ineffective and presents serious concerns about lack of due process, according to a report* by an international group of lawyers. 

Authors Dean Armstrong KC of Maitland Chambers and the Israel-based International Legal Forum (ILF) say that the sanctions regime is generally ineffective in attaining the objective of deterring targeted countries and individuals. 'Further, these ineffective, and often arbitrary unilateral sanctions based on the whims of individual ministers, can have unforeseen and damaging consequences on innocent persons who have no influence over the state which is the true target of the sanctions.'

'Very broad' sanctions imposed following Russia's invasion of Ukraine set a dangerous precedent of becoming a highly politicized tool in other conflicts, the authors state. 

Among their recommendations for a stronger sanctions regime 'with transparency that enshrines respect for due process and individual rights' are: 

  • Unilateral sanctions regulations for purposes other than national security should describe their necessity and effectiveness and provide for an annual review.
  • When designating individuals, a clear evidential link should be established to the criminal standard between the target and the situation being addressed.
  • The procedure for the designation of persons by name should have the default position that mandatory notification of the targeted person is presented by the appropriate minister and be accompanied by a clear procedure for challenge.

Meanwhile an expert panel should be established to assist the minister in the procedures of listing and reviewing the applications for de-listing.

Armstrong said: 'The UK regime, often driven by individual ministers, lacks consistency, clarity of process and proportionality and fails to achieve its aims in punishing bad actors. Instead, unforeseen consequences are apparent, whereby the flawed regime impacts innocent individuals and entities which bind them extraterritorially.'

 

*A Legal Review of the UK Sanctions Regime, Maitland Chambers and International Legal Forum

 

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