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What are sanctions?

The term ‘sanctions’ is so frequently used in modern political and legal discourse that its meaning seems intuitively clear. In the most general sense, sanctions are measures taken against states that violate their obligations or behave in an undesirable or reprehensible manner. The context in which sanctions are brought up often involves violations of international law committed by one state, for which other states, groups of states, or international organizations respond by depriving the wrongdoer state (its state officials, citizens, or entities) of certain rights and privileges.

Sanctions are used as a preventive and deterrent measure in order to send a signal of what constitutes unacceptable behavior on the international stage. They can be seen as one of the ‘naming and shaming’ tools used to induce compliance with international obligations. Although the desired compliance is not guaranteed, sanctions are often used to send a symbolic message, and show a commitment to fundamental values that have been disregarded.

There is no single definition of sanctions in international law. State-to-state sanctions are often referred to as unilateral coercive measures. Sanctions manifesting in non-performance of obligations in response to an internationally wrongful act may qualify as countermeasures under the law of state responsibility. Diplomatic sanctions may go by the label of retorsions. Sanctions taken by the United Nations Security Council against its member states are different from sanctions taken by the European Union (EU), which are used as a foreign policy tool against non-member states.

It is crucial to note that whenever we refer to ‘sanctions’, we do not refer to a single mechanism, but to multiple mechanisms, different in their scope and effect. These mechanisms may share the same general name and even have some common attributes but, upon closer analysis, they exhibit distinctive features. Sanctions adopted by the United Nations Security Council, Council of the European Union, the International Olympic Committee, and sovereign states individually will inevitably differ in their legal basis, scope, legitimacy, and impact. It is more practical to shift focus from an ambitious endeavor defining sanctions exhaustively to analyzing them on a case-by-case basis.

There are some typical (but not necessarily universal) attributes of sanctions:

Sanctions are introduced by states or international organizations

Actions of individuals or companies are not typically characterized as sanctions. For instance, if a person is boycotting state media, it does not mean that he/she/they is thereby sanctioning the state. Likewise, the actions of private companies who choose to close their operations in a particular state are rarely framed as sanctions. However, private companies could be taking such measures in order to implement sanctions adopted by states or international organizations.

Sanctions are introduced to induce compliance with international obligations

Sanctions are not typically adopted on a whim. Whichever form sanctions may take, they are usually accompanied by the rationale for their adoption. Such rationale stems from breaches of certain international norms (e.g., the violations of human rights to be free from torture, freely assemble, elect, and be elected). Although it is possible to trace the source of the obligation to the legal instrument where it is contained (e.g., the International Covenant on Civil and Political Rights), actors adopting sanctions do not always cite specific legal norms. There is space for debate on whether outside actors have standing to essentially represent the people whose rights are violated and decide on their behalf on how their oppressor should be ‘punished’.

Although sanctions, coming in many different shapes and forms, are not always equivalent to countermeasures under the law of state responsibility, they are similarly aimed at inducing state compliance with the breached obligation. Sanctions are meant to be lifted when the sanctioned state starts complying with its obligations.

Sanctions limit, pause, or stop the implementation of rights or granting of privileges

Sanctions are meant to limit the sanctioned state’s ability to enjoy the rights and privileges vis-à-vis the sanctioning state or organization. Sanctioned state officials are often banned from entering certain states and territories, even though they are entitled to the right of free movement under international human rights law. The privilege of keeping financial assets in foreign banks may also be limited as a result of sanctions, even though there is no universal entitlement to keep one’s financial assets in any bank of choice.

It is important to note just how multifaceted the discussion on sanctions is, as sanctions remain a fact of political life and an instrument regularly used in international relations.