Human Rights Sanctions

Abstract This chapter analyses UK sanctions in response to human rights violations and abuses worldwide. From the emergence of global human rights sanctions regimes, including the US’s ‘Magnitsky Act’ 2012 and Global Magnitsky Act 2016, it sets out the UK’s legislative journey until the Supreme Court’s Shvidler v Secretary of State for Foreign, Commonwealth and Development Affairs. It addresses section 13 of the Criminal Finances Act 2017 and the inclusion of Magnitsky-style purposes for which sanctions regulations can be made under SAMLA. The UK’s Global Human Rights Sanctions Regulations 2020 (the ‘2020 Regulations’) and the test for designation are also covered. The chapter includes the courts’ attitude to Ministerial decisions limiting a designated person’s rights in the cases of R (World Uyghur Congress) v National Crime Agency, LLC Synesis, and Phillips v Secretary of State for FCDO. Finally, it considers which additional rights may be added to the current regime in the future.