Human Rights and Unilateral Economic Sanctions: A New Perspective on a Twisted Relationship

Abstract

Literature and practice outlining the relationship between human rights and unilateral economic sanctions veer in two opposite directions. One strand of Intersentia Iryna Bogdanova 172 1The term 'private sanctions' has evolved in the context of the unprovoked war of aggression waged by the Russian Federation against Ukraine, in order to denote sanctions decided on, and taken by, private companies, in additional to the sanctions taken by individual states, in the absence of the UN-authorised sanctions: O.D. Hart, D. Thesmar and L. Zingales, 'Private Sanctions, National Bureau of Economic Research' , Working Paper 30728, December 2022, available at https://www. nber.org/system/files/working_papers/w30728/w30728.pdf, last accessed 13.07.2023. literature advocates for sanctions to redress grave human rights violations. This position has been epitomised in the legislation allowing the imposition of economic sanctions for human rights violations occurring abroad (Magnitskystyle sanctions). The opposing voice criticises unilateral economic sanctions irrespective of their objectives and forms, mainly by emphasising their negative repercussions on the enjoyment of human rights. This position is officially adopted by the Special Rapporteur on the negative impact of unilateral coercive measures on the enjoyment of human rights, and is reflected in numerous reports on the matter, which are traditionally supported by the most-sanctioned countries.This contribution aims to explore perplexing and multifaceted relations between human rights and unilateral economic sanctions, an issue that is politically tainted, and which has been insufficiently analysed from a legal standpoint. Retreating from the clashes between these prevailing old, unworkable dichotomies, this contribution argues for a more nuanced portrayal of the subject matter.Human Rights and Unilateral Economic Sanctions 2 According to Art. 39 of the UN Charter, the Security Council 'shall determine the existence of any threat to the peace, breach of the peace, or act of aggression and shall make recommendations, or decide what measures shall be taken in accordance with Articles 41 and 42, to maintain or restore international peace and security' . Art. 41 of the UN Charter allows the Security Council to call upon the members of the UN to apply such measures as 'complete or partial interruption of economic relations and of rail, sea, air, postal, telegraphic, radio, and other means of communication, and the severance of diplomatic relations' . Arts. 25, 48 and 103 of the UN Charter make any such decision binding upon the members of the UN. 3 E.g. the African Union (AU), the League of Arab States, the Economic Community of West African States (ECOWAS), and the Organization of American States (OAS) all have the possibility to use autonomous punitive measures of political (suspension of membership) or economic (embargoes) character, in response to violations of certain rules or principles of these organisations.4