EU Adopts Sanctions Mechanism for Human Rights Abuses [1]
On Monday, December 7, the Council of the European Union (EU) adopted Decision 2020/1999 and Regulation 2020/1998 [3], together establishing a mechanism to sanction serious human rights violations and abuses. The legal basis for the regulation is Article 215 [4] of the Treaty on the Functioning of the European Union, which permits the Council to adopt measures providing for "the interruption or reduction, in part or completely, of economic and financial relations with one or more third countries" in relation to the EU's Common Foreign and Security Policy under Chapter 2 of Title V of the Treaty on European Union [5]. According to a press release [6] from the Council, this "global human rights sanctions regime . . . will allow it to target individuals, entities and bodies – including state and non-state actors – responsible for, involved in or associated with serious human rights violations and abuses worldwide, no matter where they occurred." Restrictive measures include asset freezing and travel bans, and they will apply to four categories of serious crimes and human rights abuses, including genocide, crimes against humanity, arbitrary arrests or detentions, and trafficking in human beings. The EU member states and the High Representative of the EU for Foreign Affairs and Security Policy are empowered to propose the establishment and amendment of a sanctions list to the Council, which must act unanimously. Once a natural or legal person, entity, or body has been listed, they must be notified of the listing and the grounds for the decision to list.