International Sanctions and Human Rights

The word "sanctions" is currently used more than ever before not only in the media, political statements, but also in legal discourse. Apart from this very widely cited term, European Union documents tend to refer also to "restrictive measures" while international law parlance embraces the concept of "countermeasures" (being the modern equivalent of peaceful reprisals from the point of view of general customary international law), i.e. individual coercive measures, or "security measures", which is a term used in some treaties. Sanctions or measures, whatever they are called, are a necessary and legitimate response to Russian aggression in Ukraine in the current situation. However, this does not rule out certain legal problems. The nature of these measures must be assessed in the light of international law. From this point of view, finding answers to the following questions is essential. Is the content of these measures generally consistent or contrary to the rules of international law? Who is authorized to decide on the introduction and content of these measures? Can these measures produce extraterritorial effects? Do sanctions targeting individuals (natural and legal persons) violate their human rights (right to property, right to fair trial, etc.)? Which type of information can be used as a basis for imposing sanctions against these individuals? Are there sufficient procedural safeguards and remedies at national and international level? Can some restrictive measures be reviewed and possibly overturned by courts? Are individuals who have been wrongfully added on sanction lists entitled to any compensation?

1. Introduction.- 2. The notion of “sanctions” and “countermeasures” in international law.- 3. Sanctions from the point of view of (general) legal theory.- 4. Sanctions or restrictive measures in the EU law.- 5. State to State Sanctions: An Exception to Immunity of State and its Property, and of State Representatives?.- 6. United Nations sanctions and humanitarian exceptions.- 7. Human Rights Influencing Targeted Sanctions. On the role of international treaties on human rights and treaty mechanisms in relation to sanctions.- 8. Illegality of sanctions (or coercive measures) against the International Criminal Court.- 9. Sanctions from the perspective of the right to property. Confiscation of Assets.- 10. Due process and other procedural safeguards.- 11. Application of sanctions and the international commercial arbitration.- 12. The review of targeted sanctions of the UN and the EU at international level.- 13. Judicial approaches towards countermeasures in “background” disputes.- 14. Trapping European Companies Between Scylla and Charybdis: Unfulfilled Promises of the EU Blocking Statute.

Pavel Šturma is Professor of International Law, Charles University (Prague), Faculty of Law, and coordinator of the Research Centre for Human Rights (UNCE) at the same University. He is the former member and chairperson of the UN International Law Commission. He has also been Researcher, later Senior Research Fellow of the Institute of Law, Czech Academy of Sciences in Prague. He also was visiting professor at the Pan European University, Faculty of Law in Bratislava. He is the President of the Czech Society of International Law and associate of the Institut de Droit International. At the Charles University he teaches courses on Public International Law, International Criminal Law, International Economic Law and Codification of International Law. He is also involved in English programmes organized at the Law Faculty for LL.M. and Erasmus students. In 2006-2013, he also served as Vice-dean for Research and Publication Activities.