Legal Boundaries to UN Sanctions

(International Journal of Human Rights, Vol. 7, No. 4 (Winter 2003), pp. 1-50

Elias Davidsson

Abstract

The Security Council is empowered under Article 41 of the UN Charter to ensure international peace and security by imposing non-military measures, including comprehensive economic sanctions. As UN sanctions have shown to cause massive harm to civilian populations, the question has arisen whether the Security Council is bound by any legal norms in designing and imposing economic coercion on populations and if so, what these norms are. The article’s conclusion is that when imposing measures under Article 41, the Security Council is bound by the UN Charter, by general principles of international law and by human rights norms. Consequently it appears that in order to be effective, economic sanctions would have to be unlawful.

 

Contents

 

Abstract

 

The powers of the Security Council are limited

The Security Council is bound by legal standards

States cannot delegate or grant to international organisations rights they do not possess

 

Boundaries to Council action set by general principles of law

The principle of humanity

The principle of necessity

The principle of proportionality

The doctrine of jus cogens

 

Legal boundaries set by the provisions of the UN Charter

The mandate of the Security Council

Limits implied by the Purposes of the UN Charter

General obligations with regard to Articles 39 and 41

Limits to Security Council powers set by human rights norms

Specific human rights provisions of the UN Charter

Limits to the powers of the Security Council set by customary norms of human rights

 

Limits to the powers of the Security Council set by international humanitarian law

The applicability of humanitarian norms to UN enforcement measures

General principles of law applicable to international humanitarian law

The inadequacy of applying international humanitarian norms to economic sanctions

 

Conclusions

 

For the entire article, open attachment below

2881_Legal limits to UN sanctions