1 By way of constitutional reform, the Judicial Committee of the House of Lords has become the UK Supreme Court. See http://www.supremecourt.gov.uk/about/history.html.

2 HM Treasury v. Mohammed Jabar Ahmed, [2010] UKSC 2 (Jan. 27, 2010), at http://www.supremecourt.gov.uk/docs/uksc_2009_0016_judgment.pdf. This judgment was clarified by a subsequent hearing held on January 28, 2010, and a consequential order released on February 4, 2010. HM Treasury v. Mohammed Jabar Ahmed, [2010] UKSC 5 (Feb. 4, 2010).

3 SC Res. 1373 (Sept. 28, 2001) [hereinafter Resolution 1373]. Security Council resolutions are available online at http://www.un.org/Docs/sc/.

4 United Nations Act 1946, c. 45 [hereinafter 1946 Act]. This and other UK statutes are available online at http://www.statutelaw.gov.uk.

5 SC Res. 1267 (Oct. 15, 1999), 1333 (Dec. 19, 2000), 1390 (Jan. 16, 2002), 1455 (Jan. 17, 2003), 1526 (Jan. 30, 2004), 1617 (July 29, 2005), 1735 (Dec. 22, 2006), 1822 (June 30, 2008), and 1904 (Dec. 17, 2009).

6 Resolution 1373 was supplemented by Security Council Resolution 1624 (Sept. 14, 2005), on prohibition of incitement to commit acts of terrorism.

7 Al-Qaida and Taliban (United Nations Measures) Order 2006, S.I. 2006/2952 [hereinafter AQO].

8 Terrorism (United Nations Measures) Order 2006, S.I. 2006/2657 [hereinafter 2006 TO].

9 Terrorism (United Nations Measures) Order 2009, S.I. 2009/1747.

10 Council Regulation (EC) No. 881/2002, 2002 O.J. (L 139) 9, imposes certain specific restrictive measures directed against certain persons and entities associated with Osama bin Laden, Al Qaeda, and the Taliban.

11 Council Regulation (EC) No. 2580/2001, 2001 O.J. (L 344) 70, contains specific restrictive measures directed against certain persons and entities with a view to combating terrorism.

12 Article 4 of the 2006 TO concerns the Treasury’s power to designate persons and provides the following:

• 4.

  4. —(1) Where any condition in paragraph (2) is satisfied, the Treasury may give a direction that a person identified in the direction is designated for the purposes of this Order.

• (2)

  (2) The conditions are that the Treasury have reasonable grounds for suspecting that the person is or may be—

  • (a)

    (a) a person who commits, attempts to commit, participates in or facilitates the commission of acts of terrorism;

  • (b)

    (b) a person identified in the Council Decision;

  • (c)

    (c) a person owned or controlled, directly or indirectly, by a designated person; or

  • (d)

    (d) a person acting on behalf of or at the direction of a designated person.

• (3)

  (3) The Treasury may specify in the direction that the prohibition in article 8(1) does not apply in respect of the person identified in the direction.

• (4)

  (4) The Treasury may vary or revoke a direction at any time.

13 2006 TO, supra note 8, Art. 5(4); Counter Terrorism Act 2008, c. 28, §§63–64.

14 “A” refers to Mohammed Jabar Ahmed, “K” refers to Mohammed Azmir Khan, and “M” refers to Michael Marteen, formerly known as Mohammed Tunveer Ahmed. “G” refers to Mohammed al-Ghaba, and “HAY” refers to Hani El Sayed Sabaei Youssef. The Supreme Court set aside the anonymity orders—made at the outset of the proceedings in the Administrative Court—that concealed the appellants’ names by use of letters. See Application by Guardian News & Media Ltd. in HM Treasury v. Mohammed Jabar Ahmed, [2010] UKSC 1.

15 A v. HM Treasury, [2008] EWHC 869 (Admin.), [2008] 3 All E.R. 361, para. 49.

16 A v. HM Treasury, [2008] EWCA Civ 1187, para. 124.

17 Id.

18 HAY v. HM Treasury, [2009] EWHC 1677 (Admin).

19 Id., para. 46.

20 Id., para. 45.

21 Id, para. 37.

22 In its consequential order, the Court clarified that “article 3(1)(b) of the [AQO] is ultra vires and the Order is quashed.” HM Treasury v. Mohammed Jabar Ahmed, [2010] UKSC 5, para. 8(3) (Feb. 4, 2010) (emphasis added).

23 Id.

24 Convention for the Protection of Human Rights and Fundamental Freedoms, Nov. 4, 1950, Europ. TS No. 5, 213 UNTS221.

25 R (on the application of Al-Jedda) v. Sec’y of State for Defence, [2008] 1 AC 332

26 Al-Qaida and Taliban (Asset-Freezing) Regulations 2010, S.I. 2010/1197.

27 Council Regulation (EU) No. 1286/2009 of December 22, 2009, 2009 O.J. (L 346) 42, which amends Regulation (EC) No. 881/2002, imposes certain specific restrictive measures directed against certain persons and entities associated with Osama bin Laden, the Al Qaeda network, and the Taliban.

28 Joined Cases C-402/05 P & C-415/05 P, Kadi v. Council (Eur. Ct. Justice Sept. 8, 2008) [2008] ECR1–6351; see also Joined Cases C-399/06 P & C-403/06 P, Hassan v. Council (Eur. Ct. Justice Dec. 3, 2009) [not yet reported], available at http://curia.europa.eu.

29 SC Res. 1452 (Dec. 20, 2002), as amended by SC Res. 1735, supra note 5.

30 SC Res. 1617, supra note 5, para. 4; SC Res. 1735, supra note 5, para. 5; SC Res. 1822, supra note. 5, para. 12.

31 SC Res. 1822, supra note 5, para. 13.

32 SC Res. 1730 (Dec. 19, 2006).

33 SC Res. 1904, supra note 5.

34 In June 2010, the Secretary-General appointed Judge Kimberly Prost (Canada), former ad litem judge at the International Criminal Tribunal for the former Yugoslavia, to serve as Ombudsperson.

35 See also Miša, Zgonec-Rožej, Introductory Note, UN Security Council Resolutions on Threats to International Peace and Security, 49 ILM 502 (2010)Google Scholar.

36 Information on the bill is available online at http://services.parliament.uk/bills/2010-ll/terroristassetfreezingetchl.html.