Sanctions Imposed by the United Nations: An Analysis of Legal Challenges
Keywords:
United Nations Sanctions, Chapter VII, Smart Sanctions, Human Rights, Due Process, Proportionality, State Sovereignty, Judicial Review, Kadi Jurisprudence, Security Council Reform.Abstract
The United Nations Security Council uses sanctions as one of its primary instruments to maintain or restore international peace and security. These measures — ranging from comprehensive economic embargoes to targeted asset freezes, travel bans, and sectoral restrictions — are imposed under Chapter VII of the UN Charter. Although presented as alternatives to military action, sanctions frequently raise serious legal challenges concerning state sovereignty, compliance with international human rights and humanitarian law, proportionality, due process, and the absence of independent judicial review. The shift from comprehensive to “smart” or targeted sanctions was intended to minimise civilian harm, yet even targeted measures have been widely criticised for violating fundamental rights. Using doctrinal legal analysis and case studies of Iran, North Korea, and the 1267 counter-terrorism regime, this article examines the persistent tension between the Security Council’s supra-national authority and rule-of-law principles, concluding that meaningful reforms in transparency, accountability, and judicial oversight remain essential.
References
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