Filling the protection gap in the face of unilateral sanctions

https://www.doi.org/10.32523/2791-0954-2023-5-1-24-40

Abstract

Today the world is facing intensive expansion of unilateral sanctions both primary and secondary, targeted, sectoral and comprehensive as well as over-compliance with such sanctions. Sanctioning countries develop mechanisms of enforcement with sanctions regimes via imposing secondary sanctions, providing for the possibility of civil and criminal penalties for non-compliance with primary sanctions or circumvention of sanctions regimes. These measures together with maximum pressure statements and threats with secondary sanctions often of extraterritorial character result in growing over-compliance from the side of banks, donors, deliver and transportations companies as well as other private actors. Contemporary international law provides for very limited possibility of responsibility and redress for violation of human rights by unilateral sanctions. The present article provides for the overview of types of unilateral sanctions and addresses the issue of possible mechanisms of responsibility and redress available for states and individuals in the face of unilateral sanctions and over-compliance.