International Responsibility for Unilateral Sanctions in Violation of Countermeasures

Abstract

This study examines the international responsibility of states for imposing unilateral economic sanctions by analyzing the legal framework of state responsibility and the principles of countermeasures in international law. It clarifies the concept of countermeasures and unilateral sanctions and highlights the differences between them and multilateral sanctions imposed by the United Nations Security Council in terms of legitimacy, binding force, and legal accountability. The study also evaluates whether unilateral sanctions comply with international law, explaining their inconsistency with essential conditions such as a prior breach, direct injury, prior notification, and proportionality. It further addresses their negative effects on third states and fundamental human rights, including food, health, and development. The research reviews the doctrinal debate between scholars who consider such sanctions legitimate countermeasures under ARSIWA and those who view them as inconsistent with the UN Charter and the principles of non-intervention and sovereign equality. Finally, the study highlights the legal consequences of such violations, including compensation, restitution, cessation, and guarantees of non-repetition, and emphasizes the need to respect international law.