How should a member state react when a UN Security Council Resolution conflicts with the European Convention on Human Rights? This case concerned the compatibility of asset-freezing under UN Security Council Resolution 1267 with Articles 8 (right to family and private life) and 13 (right to an effective remedy) of the European Convention on Human Rights. The judgment was handed down by the Grand Chamber of the European Court of Human Rights on 12 September 2012
The ECtHR held that whilst Switzerland had to implement the UN Security Council resolution, the UN did not impose on States a particular model for its implementation. Switzerland still therefore had “limited but nevertheless real” latitude in exactly how it would impose the resolution. Therefore, the Court held that Switzerland has breached Article 8.
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JUSTICE submissions in Nada (December 2010).
Read the ECtHR judgment here.