Leiden University Student Repository

Schermers, Elise (2021)

Due Process Mechanism in Targeted Sanctions Against Serious Human Rights Offenders

Bachelor thesis | Liberal Arts and Sciences: Global Challenges (LUC) (BA/BSc)

On 16 November 2012, the United States passed the Sergei Magnitsky Rule of Law Accountability Act of 2012, followed by the Global Magnitsky Human Rights Accountability Act in 2016. This act allows the US to employ targeted sanctions against individuals and entities responsible for human rights abuses and corruption. The European Union created a similar regime, the EU Global Human Rights Sanctions Regime, in 2020, which also targets individuals and entities responsible for human rights abuses but does not target those accused of corruption. While targeted sanctions avoid collateral damage to entire countries, they often lack safeguards for the listed individuals. This study is a comparative, doctrinal analysis that looks at the effectiveness of the due process mechanisms in the US Global Magnitsky Human Rights Accountability Act and the EU Global Human Rights Sanctions Regime. Both of the sanction regimes have several due process mechanisms in place which protect the rights of...Show moreOn 16 November 2012, the United States passed the Sergei Magnitsky Rule of Law Accountability Act of 2012, followed by the Global Magnitsky Human Rights Accountability Act in 2016. This act allows the US to employ targeted sanctions against individuals and entities responsible for human rights abuses and corruption. The European Union created a similar regime, the EU Global Human Rights Sanctions Regime, in 2020, which also targets individuals and entities responsible for human rights abuses but does not target those accused of corruption. While targeted sanctions avoid collateral damage to entire countries, they often lack safeguards for the listed individuals. This study is a comparative, doctrinal analysis that looks at the effectiveness of the due process mechanisms in the US Global Magnitsky Human Rights Accountability Act and the EU Global Human Rights Sanctions Regime. Both of the sanction regimes have several due process mechanisms in place which protect the rights of individuals yet in some areas, such as specific delisting criteria, they are lacking. In general, the EU regime has more effective due process mechanisms than the US act, though even the EU regime is still not perfect.Show less

Human Rights

Sanctions

Targeted Sanctions

Magnitsky

Due Process

Author

Schermers, Elise

Faculty

Faculty of Governance and Global Affairs

Specialisation

International Justice

Supervisors

Larik, J.E.

ECTS Credits

10

Evaluation

Recommended

Language

en