SANCTIONS AS A MECHANISM OF INTERNATIONAL JUSTICE: LEGAL AND ETHICAL ASPECTS

Abstract

This article discusses the issue of sanctions as a mechanism of international justice: legal and ethical aspects.The use of sanctions in world practice has become an integral element of the mechanism of international justice regarding the most serious crimes and serious violations of human rights. They serve as a means of pressure both at the national and international levels, covering such forms as diplomatic, sectoral, economic sanctions, personal restrictions, embargoes, etc. However, if we consider the situation in Ukraine through the prism of national legislation and the practice of the European Court of Human Rights, the main attention is focused mainly on personal sanctions.Sanctions in public international law are coercive measures applied by international organizations, individual states or a group of states against a subject of international law (a state, an international organization or an individual) in response to a violation of international legal norms.The features of the application of sanctions in public international law are: 1) sanctions in international law are an instrument of collective or individual coercion, which is used to force a state or other subject of international law to fulfill its international legal obligations; 2) they can be collective when they are adopted by an international organization or regional organizations. At the same time, sanctions can be unilateral when they are introduced by one state within the framework of its foreign policy; 3) in public international law, sanctions are divided into several main types: economic sanctions; diplomatic sanctions; personal sanctions; military sanctions (arms embargo); sectoral sanctions; 4) the application of sanctions must comply with the norms of international law, in particular the principles of proportionality, non-discrimination and the protection of human rights. Often, international judicial bodies, in particular the European Court of Human Rights (ECHR) and the Court of Justice of the EU, consider complaints about illegal sanctions or their disproportionate impact on the civilian population; 5) the effectiveness of sanctions depends on the level of international support.To achieve the expected results, sanctions must be supported by a majority of the international community;6) the imposition of sanctions may have humanitarian consequences.