British Supreme Court Strikes Down Terror Finance Laws

In the first case to be heard by the newly established Supreme Court of the United Kingdom, two of the nation's most effective counter-terrorist financing policies were unanimously struck down. In an 89-page opinion issued Wednesday, the court was especially critical of the laws describing them as "oppressive," and "draconian."

As we previously reported, at issue in the case, A v. Her Majesty's Treasury was the Terrorism Order of 2006 and the Al Qaida and Taliban Order of 2006, two statutes which evolved from UN Security Council resolutions requiring member states to freeze the assets of Osama bin Laden, the Taliban, and their ilk. Rather than ask Parliament to pass laws to comply with the resolutions, the Crown in the UK implemented the laws unilaterally.

The petitioners in the case, six individuals whose assets were frozen because of their connections to al Qaida, challenged the law arguing that it was passed without consulting Parliament and deprived them of their property without due process of law. In issuing its opinion, the Court agreed, explaining that "access to a court to protect one's rights is the foundation of the rule of law."