Introduction:
Whenever there are conflicts between two nations, they are resolved with the aid of international law and treaties that one nation signs with another to maintain their own law and order and clearly delineate their respective borders. Occasionally such situations arise, where these treaties are broken, in which case, international law is established, and additional rules or sanctions are set forth that must be adhered to. Therefore, international sanctions have emerged as a pivotal mechanism in the landscape of global governance, serving both as a tool for enforcing international norms and as a means of addressing threats to peace and security. This critical analysis explores the legal boundaries of sanctions within the framework of international law, examining how these measures are implemented and their implications for state sovereignty, human rights, and global stability.
What are Sanctions?
Sanctions are nonmilitary coercive diplomacy used by nations or international organisations to change the behaviour of states deemed lawbreakers, causing instability, or threatening world peace and security, despite potential severe humanitarian and economic impacts.
How Sanctions are enacted?
United Nations Charter: The UN Council according to Article 41 of Chapter VII, can use enforcement measures not including weapons, such 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.” Further, the Security Council can establish a sanctions committee to oversee exception petitions, ensure compliance, and provide suggestions for sanctions modification.
National Legislation: National legislation in many countries allows governments to impose sanctions on other nations or entities, setting the legal foundation for implementing and enforcing sanctions, including fines for breaches.
Regulations of the European Union: In accordance with Article 29 of the Treaty on European Union (TEU), the Council of the European Union may impose sanctions on non-EU countries, non-state organisations (such as businesses), and people (such as terrorists) to pressure them to change in their policy or activity.
International Treaties and Agreements: Sanctions may also be put into effect in accordance with international treaties and agreements, wherein nations agree to enforce particular laws against particular acts. For instance, the Treaty on the Non-Proliferation of Nuclear Weapons (NPT) calls for sanctions in the event of nuclear proliferation.
Sanctions can largely be divided into two main categories as follows-
1) Unilateral sanctions: These are enacted by a single nation or organisation without the consent or backing of the international community. Such sanctions are frequently criticised for their ineffectiveness and potential harm to the population of the target nation. As they might not always be compliant with international law, especially if they result in significant humanitarian suffering, they might potentially pose moral and legal concerns. Iran's economic sanctions imposed by the United States are an illustration of a unilateral sanction.
2) Multilateral Sanctions: These are imposed with the consent of a group of nations or international organisations, frequently through channels like the UN Security Council. Sanctions that are implemented on a multilateral scale are typically viewed as more legitimate and have a higher probability of achieving their intended objectives with the least amount of negative humanitarian implications. They are frequently based on international law. The United Nations and its member nations have imposed various multilateral sanctions on North Korea due to concerns over its nuclear weapons programme and human rights violations.
Other forms of sanctions under international law:
i) Economic Sanctions:
Economic sanctions, aimed at regulating economic activity, are a crucial tool for influencing states, entities, or individuals. They require thorough research and monitoring to ensure legality and avoid disproportionate damage to innocent individuals, significantly impacting a nation's economy and population.
Types of Economic Sanctions:
Trade Embargoes: This includes limiting or forbidding imports and exports into and out of a certain nation, including limitations on particular products or services. Example- US embargo on Cuba.
Sectoral Sanctions: These include putting restrictions on trade or collaboration that are directed at particular economic sectors in a nation, such as the energy, financial, or mining industries. Example- The opening of Russia’s Nordstream 2 gas pipeline has been stopped by Germany.
Asset Freezing: It refers to blocking or freezing of the assets and funds of particular people, organisations, or governments connected to the target. Example- The central bank of Russia's assets has been blocked in the United States, the United Kingdom, Canada, and the European Union (EU).
Sanctions on Transportation: It means to place limitations on transportation and shipping operations connected to the target nation.
ii) Military Sanctions:
Military sanctions are imposed on nations engaging in arms practices that could harm locals, neighbours, and other nations, ensuring their security and restricting their actions.
Types of Military Sanctions:
Arms embargoes: Arms embargoes are sanctions against the trade of military weapons, aimed at preventing sanctioned nations from engaging in such activities, such as the United Nations Security Council's arms embargo against North Korea.
No-fly zones: As their name implies, these are actions taken by nations or international organisations to prevent their aircraft from flying over those of other nations to ensure their security and prevent any potential attacks. Example- To avoid assaults against specific ethnic and religious groups, the US and coalition partners established two no-fly zones in Iraq after the first Gulf War in 1991.
iii) Diplomatic Sanctions:
Diplomatic sanctions are aimed at limiting a target country's access to the international community. They are intended to signal disapproval and to put pressure on a target country to change its behaviour.
Types of Diplomatic Sanctions:
Diplomatic Isolation: Diplomatic isolation is a form of punishment that involves limiting a target country's access to the international community. Diplomatic isolation may involve limiting the target country's participation in international organisations or its representation in international forums. Example- Russia was removed from UNHRC due to its invasion of Ukraine.
Suspension of Diplomatic Relations: Terminating diplomatic ties between a nation and its target nation is a type of punishment known as suspension of diplomatic relations. Diplomatic relations suspension can also be used to stop a target nation from sponsoring terrorism or violating human rights. As an illustration, Greece severed diplomatic ties with China in 2021 over the latter's treatment of the Uighur minority.
Expulsion of Diplomats: Directing diplomats from a target country to depart a host country constitutes an example of expulsion as a kind of punishment. For example, India imposed a five-day deadline on a Canadian diplomat following the expulsion of an Indian high commission official from Canada. Also, downgraded diplomatic relations between India and Pakistan in 2019 due to modifications made to the status of J&K.
Challenges and Controversies:
Sanctions can be a useful instrument in international diplomacy, but they can provide several difficulties and problems, including:
Sanctions may unintentionally hurt civilian populations, raising worries about their humanitarian effects. Although efforts are made to lessen these impacts, difficulties still exist.
Efficacy: It is debatable if sanctions are effective in attaining their goals. Some claim they are more punitive than helpful.
Legitimacy: The legality and legitimacy of sanctions might be questioned if they are imposed without the support of major international organisations or popular consensus.
Retaliation: When a country is subjected to sanctions, it frequently responds with retaliation or countermeasures, which heightens tensions.
Enforcement: Sanctions can be difficult to enforce, and some nations may find ways to avoid them.
In conclusion, sanctions are an essential component of international law and diplomacy that are used to influence how nations or governments behave. While they can be an effective diplomatic tool, they also raise ethical, humanitarian, and practical concerns that need to be carefully addressed in their implementation. Hence, the balance between international sanctions and its effect on the society needs to be maintained.
References:
Charter of United Nations, Article 41, (1945) (UN) Chapter VII: Article 41 — Charter of the United Nations — Repertory of Practice of United Nations Organs — Codification Division Publications (Last visited Oct. 4, 8 PM)
EUR-Lex Access to European Union law General framework for EU sanctions | EUR-Lex (europa.eu) (Last visited Oct. 4, 10 PM)
Treaty on the Non-Proliferation of Nuclear Weapons (NPT), 1970 Treaty on the Non-Proliferation of Nuclear Weapons (NPT) – UNODA (Last visited Oct. 5, 8.45 AM)
Fatima Abdulatef Halawani ‘The Impacts of Unilateral Economic Sanctions’ 2023 Special Issue Access to Justice in Eastern Europe 130-147. https://doi.org/10.33327/AJEE-18-6S011
Mogami Toshiki, Legality, Legitimacy and Multilateralism, UN Chronicle, 2011 Legality, Legitimacy, and Multilateralism | United Nations (Last visited Oct. 5, 9 AM)
Sarah Marsh and Madeline Chambers, Germany freezes Nord stream 2 Gas Project as Ukraine crisis deepens, Reuters, (February 22, 2022 10.25 PM) Germany freezes Nord Stream 2 gas project as Ukraine crisis deepens | Reuters
Albert Camus, Sanctions (Diplomatic, Economic, or Military), Doctors without borders, Doctors without borders | The Practical Guide to Humanitarian Law (guide-humanitarian-law.org), (Last visited Oct. 5, 2024 10 AM)
Office of the High Commissioner for Human Rights, UN experts urge States to consider humanitarian impacts when imposing or implementing sanctions | OHCHR (last visited Oct. 5, 2024, 10.15 AM)
About the Author
Shahid Khalid Bhendwade is a third-year student of law in a 5-year law course at Government Law College, Mumbai.
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