Legal Clinic “Human Rights Guarantees in the Fight Against Terrorism”

 

General Background

Upon the 1998 Al Qaida attacks against US embassies located in Kenya and Tanzania, the United Nations Security Council (UNSC) adopted Resolution 1267 (1999)
with the aim of freezing funds of individuals pertaining to the Taliban regime. The current so-called 1267 regime is complemented by further UNSC Resolutions
1333 (2000) and 1390 (2002), which among other innovations introduced additional travel bans and arms embargo against targeted individuals, and widened the scope ù
of sanctions covering all individuals, groups, undertakings or entities targeted ‘associated with’ Bin Laden, Al Qaida and/or the Taliban.

In recent years, the issue of the implementation of such UNSC  resolutions has been mainly associated to the impact of blacklist-based sanctions on internationally or domestically protected human rights. The resulting regime today targets persons with a potentially universal reach and empowers States to restrict the human rights of those targeted in an unprecedented manner. Targets are indeed identified through an administrative procedure absent any due process guarantee or any right to be heard or represented, whereas sanctions are imposed indefinitely.

Human rights concerns regarding regional and municipal implementation of UNSC resolutions originating from the 1267 regime and in particular the absence of a
review mechanism – paired with the ground-breaking Kadi judgment before the European Court of Justice – moved the UNSC to establish an Ombudsperson charged with reviewing individual cases upon submission of a delisting application. Due to the administrative nature of the procedure, applicants are not required to be legally represented before the Ombudsperson, nor legal aid is provided for. Similar considerations also apply with regard to other public and private blacklists which implement or share common features with the UN one.

The Legal Clinic was therefore born and is today mandated to offer high-level free legal representation to individuals seeking to submit delisting applications. By way of anchoring the Project within Law Faculties globally located, applicants will receive 360° assistance by researchers already experts in the field whereas students will be involved in an unique formative experience.

 

The Legal Clinic Mandate and Learning Objectives

The TLC is meant to be a global law clinic connecting law students from a number of different countries to provide free legal advice to individuals targeted by security lists. When practicable, the clinic global underpinning and possibly future enhanced partnerships will allow students to challenge the inclusion of given individuals in the existing cascade system of lists. In particular though, Roma Tre students will get acquainted with the two main blacklisting regimes currently in force, i.e. the UNSC1267 regime and its European implementation regime. By occasion, students will also participate in the drafting and preparation of delisting applications before the US blacklisting regime and those implemented by private organizations, so to offer potential clients the widest legal service possible.

Upon selection, participants will receive a scholarship and be actively involved in providing free legal advice to targeted individuals, under the direction and coordination of dr. Alice Riccardi. Students will be in particular required, but not limited to (i) review files of Italian criminal proceedings with the aim of (ii) identifying key elements relevant for the cases and (iii) preparing legal briefs in English setting out key allegations, arguments made, and evidence relied on in court for those cases. Moreover, upon identification of relevant court documents, students will be required to (iv) translate those into English to enable the preparation of legal briefs above mentioned and, eventually, of delisting applications before the relevant body.

Please click here to visit the webpage of the parallel legal clinic organized by the VU University of Amsterdam.