IILJ Emerging Scholars Paper 8 (2008)

Due Process of Law in the Fact-Finding work of the Security Council’s Panels of Experts: An Analysis in terms of Global Administrative Law

Luciana T. Ricart

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This article describes, through two case studies, the fact-finding activity of UN Panels of Experts, and argues that the nature of the activities undertaken by them – a type of global administration with elements of a quasi-judicial character – calls for the adoption of certain procedural protections that should accompany their work. This is particularly important given the fact that the activities of these panels have important repercussions on the legal condition of the listed individuals and companies, who among other things can be subject to travel bans and freezing of their personal assets, and barred from accessing banking facilities or establishing commercial relations with international financial institutions. This article draws the principles to which the activity of the fact- finding work of the Security Council’s Panels of Experts should be subject from international human rights law and from the practices of inquiry commissions.