The Limits of UN Security Council Action in Imposing Economic Sanctions under UN Charter and International Law: The Subtle Balance Between International Security and Human Rights Compliance

Abstract

Nowadays, the Security Council plays a key role in the increasingly complex international relations scenario. This paper examines the limitations of the United Nations Security Council in implementing economic sanctions, focusing on the tension between such sanctions and international human rights law. First, it will be defined the notion of economic sanctions, as well as their applicability conditions. A critical aspect of this analysis involves the conflict between the imposition of economic sanctions and the potential violations of human rights, illustrated through a case study of the sanctions imposed on Iraq. The investigation will assess whether the limitations on human rights are rooted in the UN Charter and if human rights norms can be considered erga omnes obligations. Upholding the latter hypothesis, it will be conducted a legal analysis, employing the necessity and proportionality tests to evaluate when economic sanctions may breach human rights standards. This examination aims to highlight the delicate balance between maintaining international security and respecting human rights, advocating a more stringent framework governing Security Council action. By delving into these complex themes, the research seeks to shed light on a coherent legal approach that reconciles the imperatives of state security with the fundamental rights of individuals.

Keywords: Economic Sanctions, Human Rights Law, Iraq, Security Council, Legal Necessity and Proportionality Test.