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Reviews on economic sanctions and mechanisms to limit it from the perspective of the norms of international criminal law and international humanitarian

Received: 19 April 2020
Accepted: 23 May 2020
Published: 14 June 2020

Saeid Sheykh, Ramin Nik’khou, Noushin Loghmani

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History has shown that economic sanctions are a derivative of economic warfare. Those scholars that differentiate between economic pressures waged apart from military Warfare by the term economic sanctions fail to consider that the roots of economic Sanctions are found in economic warfare. Some believe that sanctions among are the crimes against humanity and should be perpetrators brought to trial of the International Criminal Court. Some believe economic sanctions, violations of humanitarian law and human rights. Therefore, in this study we have been studied to Reviews on economic sanctions and mechanisms to limit it from the perspective of the norms of international criminal law and international humanitarian.

Keywords: Humanitarian law, international criminal law, economic sanctions, international conventions.


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relatively minor frictions or conflicts, which consequently fall within the province of the States concerned. In other words, the settlement of such disputes is left to the State directly affected by the friction or conflict. As a consequence, the more powerful States eventually impose their own solution.

In addition, individual States have had scant, if any, resort to one particular legal weapon available to them as a response to gross violations of human rights and other atrocities, namely, peaceful reprisals, currently termed countermeasures. Countermeasures include such measures as the suspension or termination of commercial treaties, the suspension of treaties granting special rights to nationals of the offending State, expulsion of those nationals, trade embargoes, the freezing or seizure of assets belonging to the foreign State or to its nationals, and so on.

Why do States refrain from taking countermeasures against gross violations of international law such as massacres, ethnic violence, large-scale breaches of human rights, torture, and so on? The reason is simple: States tend to resort to countermeasures when their own interests are at stake and other States have infringed upon those interests by breaching international law. In other words, States tend to react by peaceful means to the breach of reciprocal obligations by other States. In contrast, they incline to turn a deaf ear to breaches of international obligations protecting basic values, such as the obligations not to threaten or breach the peace, not to engage in genocide, not to torture, not to discriminate racially, and so on. These are what I would call community obligations. They exhibit two basic features: first, they are incumbent upon each and every member of the world community towards all other members; and, secondly, any other member of that community has a correlative right to demand fulfillment of these obligations and, in case of breach, has the right to resort to countermeasures. Plainly, the gross breaches of international law we are discussing are normally breaches of precisely such community obligations. A strong reaction by States to these breaches presupposes the existence of a community interest to put a stop to such breaches. However, the community interest in their fulfillment is still more potential than real. States are still dominated by self-interest; they still pursue short-term national interests rather than care about global human values. Hence the disinclination of States to intervene to stop blatant infringements of community values enshrined in legal rules imposing community obligations.



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