Definition and legal justification of sanctions

As one of the most important and powerful tools to maintain or restore international peace and security, sanctions appear to have become part of daily life in an international context. However, their character is not the same in all cases and their legality may sometimes be questioned. Hence, this chapter, after defining the term “sanctions,” will examine whether, and how, per se illegal sanctions can be legally justified. In doing so, it distinguishes between UN sanctions and non-UN (i.e., autonomous) sanctions. Among UN sanctions, those based on a legally binding resolution and those conducted pursuant to a non-legally binding resolution could further be distinguished considering their relevance to UN Charter provisions. As for per se illegal autonomous sanctions, the focus will be placed on the examination of the system of countermeasures that may preclude the wrongfulness of a per se illegal act. As a result of the examination, the chapter will conclude that there are generally adequate legal bases on which to justify UN, as well as non-UN, sanction measures under international law with some reservations, as far as the scope of author of those measures is concerned.