However, in Kadi v Council and Commission, the CFI dismissed his challenge to the regulation, on the basis that UN Security Council Resolutions were binding on the EU save
on jus cogens grounds.
In my 2009 comment
on this case, when it was still pending before the Quebec Superior Court, I was hopeful that the law was rapidly moving towards holding states, and individuals acting under colour of state authority, accountable for breaches of
jus cogens norms.