7 January 2013

Judgment of the Dutch Supreme Court in case concerning sanctions on Iran

On 14 December, the Dutch Supreme Court (Hoge Raad der Nederlanden) ruled that the Dutch Sanction regulation, that was intended to give effect to UN Security Council Resolution 1737, violated the prohibition of discrimination under Article 26 ICCPR.

Resolution 1737 imposed sanctions on Iran in connection with the Iranian nuclear programme. Implementing the Resolution, the Netherlands blocked access of Iranian nationals to specialised education that could contribute to nuclear activities/developing nuclear weapons. The Supreme Court found that the State did not do everything it could to harmonise the obligations it has under international law. The Court referred in this context to the judgment of the ECtHR in the case of Nada v. Switzerland (12 September 2012, application no. 10593/08).

Tags: Article 26 ICCPR, Discrimination, Dutch Sanction regulation, Dutch Supreme Court, ECtHR, Hoge Raad, Iran, Nada v. Switzerland, Nuclear programme, Nuclear Weapons, The Netherlands, UN Security Council Resolution 1737

Source: Hoge Raad | Judgment, 14 December 2012 | LJN: BX8351 | 11/03521 (in Dutch)
Source: Sanctieregeling tegen Iraniërs maakt onnodig onderscheid (Press Release in Dutch)