Criminal Offences and Libyan Sanctions

The international community wasted little time in implementing the recent sanctions against Libya for the first time since 2003. On 26 February 2011, the United Nations passed Resolution 1970 referring the situation in Libya to the International Criminal Court and requiring all Member States to implement an asset freeze, a travel ban and an arms embargo. The Resolution names key individuals against whom the measures are to take effect. The EU has taken additional measures.

Criminal offences created by the UK implementing measures may be committed by UK nationals or companies even where the relevant conduct occurs wholly outside the UK. As recent cases have shown, the penalties imposed are likely to be severe and there may be little recourse to the courts to challenge the executive power used to implement these international measures.

Libyan sanctions imposed

In the UK, the Queen, exercising powers under the United Nations Act 1946, made an Order in Council at Windsor Castle at 5pm on 27 February 2011, the Libya (Financial Sanctions) Order 2011 (the Order). It came into force 15 minutes later and was laid before Parliament the next day.

In Europe, the Council of the European Union by its Decision of 28 February and Council Regulation (EU) 204/2011 made on 2 March 2011imposed an arms embargo and targeted sanctions going further than UNSCR...