This article examines the human rights implications of the asset freezing processes available to the International Criminal Court and the United Nations Security Council. It does so through the lens of the case law of the European Court of Human Rights and the InterAmerican Court of Human Rights, from whose jurisprudence, although not uniform, a number of principles can be distilled. By scrutinising a series of cases decided under the European Convention on Human Rights and American Convention on Human Rights, respectively, the article demonstrates that the rights to the peaceful enjoyment of property and to respect for one’s private and family life, home and correspondence are necessarily implicated by the execution of asset freezing measures in criminal and administrative contexts. The article concludes that, considering the human rights constraints placed on the exercise of their powers, both the International Criminal Court and United Nations Security Council, as well as States acting at their request, must pay attention to this case law with a view to respecting the human rights of those to whom asset freezing measures are applied.

中文翻译：

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欧洲和美洲人权法院的资产冻结：国际刑事法院、联合国安理会和各国的教训

本文研究了国际刑事法院和联合国安理会可用的资产冻结程序对人权的影响。它是通过欧洲人权法院和美洲人权法院的判例法来实现的，虽然它们的判例并不统一，但可以从中提炼出一些原则。文章通过分别对《欧洲人权公约》和《美洲人权公约》下裁决的一系列案件进行审查，表明和平享有财产权和尊重个人和家庭生活、住宅和通信的权利是必然的。与在刑事和行政环境中执行资产冻结措施有关。文章的结论是，