The ICC Appeals Chamber Judgment on the Legal Characterization of the Facts in Prosecutor v. Lubanga
I. Introduction

I. Introduction
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The UN Security Councilâs use of âtargeted sanctionsâ against suspected terrorists â an important counter-terrorism tool designed to immobilize assets and limit travel â has come under increasing challenge by regional and national courts.[1] The challenge is simple: the sanctioning of a person amounts to the imposition of a penalty, yet the normal due process afforded alleged criminals does not apply.
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* This version has been revised to reflect the 2003 repeal of Article 205(15) of the Honduran Constitution. See endnote 44. The author is indebted to Mr. Frank Walsh for bringing this oversight to his attention.
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Legal confusion has clouded the recent de facto change of government in Honduras. Some of this arises from the passionate political debate over President Manuel Zelaya and his de facto removal. Without entering that debate, this analysis addresses only questions of international law and related questions of law.
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