The United Nations Security Council Sanctions and International Human Rights

Abstract

This article assesses whether the United Nations Security Council must respect human rights under international law when acting under Chapter VII of the United Nations Charter. It argues that the Security Council has to respect human rights enshrined in those human rights treaties drawn up under the United Nations’ auspices and in non-peremptory customary international law, when this is not incompatible with the Security Council’s objective of maintaining or restoring international peace and security. The analysis also argues however that the Security Council must comply with peremptory international human rights, with no exception. The paper concludes that Chapter VII action by the Security Council is limited only to a small extent by international human rights standards.

Court of Justice of the European Union, European Court of Human Rights, respect for human rights and restrictive sanctions

“…The violation concerns art. 17 which protects the individual from unjustified offenses against honor and reputation, given that the list was available via the Internet, of association with terrorism and due to the presence of personal details that can be consulted from a public domain that the government had not eliminated (Milanovic, 2009;Flauss, 2010;Conte, 2013;Couzigou, 2016)…”