Economic sanctions against humanitarian needs
December 19, 2023 10:43 Source: "China Social Sciences" December 19, 2023 Issue 2797 Author: Fei Xiuyan

my country promulgated the Anti -Foreign Sanctions Law in 2021,The legal basis that constitutes my country's anti -sanctions measures。Although the anti -sanctions measures taken by our country are also an economic sanctions,But its fundamental purpose is to protect the interests of the country and the people。It is worth noting that it is,Some countries or institutions represented by the United States adopt "wide" economic sanctions,This is not a comprehensive sanction in the traditional sense,But it has a serious impact on the lives of the people who the sanction country.,It is easy to cause humanitarian risk。In fact,Economic sanctions should take into account humanitarian needs a solid legal basis。

  bet365 live casino games

Humanitarian demand involves whether citizens can get food、Water、Residence、Demands and guarantees for basic living materials and guarantee for medical items,The category of the basic rights of citizens,closely related to the right to life and health,It is a human society to maintain its own dignity、Basic requirements for protecting individual legitimate rights。Take into account the demand for humanitarianism is the basic requirements that the state should comply with when implementing economic sanctions,Because economic sanctions are bound to adversely affect the economic behavior and economic conditions of the sanctions,If you use it, you should be used,It may trigger a humanitarian crisis and constitutes international illegal acts。The International Human Rights Law and the International Humanity Bet365 app download Law both emphasize personal life、Protection of health and dignity,The former is suitable for peacetime and war period,The latter is only applicable to the war period。International Human Rights Law only allows the state to face emergency situation,Kee the protection of certain human rights; in addition to the situation stipulated in Article 5 of the "Geneva Fourth Convention" in the International Humanity Law,Not allowed the state to reduce obligations in armed conflicts。But in any case,The international human rights law and the international humanitarian law are not allowed to reduce the protection of the basic rights of citizens in citizens。So,Economic sanctions measures in peacetime or during the war period,Should not infringe the basic rights of citizens。

In the field of international human rights law,The United Nations Human Rights Framework Convention and Regional Human Rights Convention on the Convention on the Human Rights emphasized the protection of the right to personal life and health of citizens。For example,Article 6 of the International Convention on the International Convention on Citizen Rights and Political Rights,Everyone enjoys the right to survival of talent,Anyone's life must not be unreasonable; "Economy、International Convention on Social and Cultural Rights "stipulates,Everyone enjoys the basic right to avoid hunger,Article 12 stipulates that everyone has the right to enjoy the body and mental health that may reach the highest standard; there are similar regulations in the "European Human Rights Convention" and other regional human rights treaties。In the field of international humanitarian law,"Additional Protocols on Protecting the Protective International Armed Conflicts of the Bet365 lotto review Geneva Convention" Article 54 prohibits countries from being hungry by countries; Article 23 of the Geneva Fourth Convention is prohibited from restricting medical and hospital supplies used by civilians,Required items required for religious worship,Children under fifteen years old、The main food used by pregnant women and mothers、Free transit of clothes and nourishing agents。

  UN General Assembly and Security Council Resolution 

In recent years,UN General Assembly and the Security Council issued many decisions,condemn the unilateral economic sanctions that some countries have implemented in violation of the principle of humanitarianism,At the same time, the economic sanctions under the United Nations framework should also be accompanied by a humanitarian exemption mechanism。For example,November 2022,The United Nations General Assembly discussed the United States on the economic embargo issues implemented by the United States,Most countries believe that US economic sanctions cause Cuba to face food、Energy、Prices rising crisis,This is cruel and inhumane; the conference passed the resolution No. 1/77/L.5,Call the United States to stop implementing economic embargo on Cuba。Another example,December 2022,The Security Council passed the resolution of No. 2664 (2022),Asset frozen measures for the UN sanction framework,Approves the implementation of humanitarian exemption; according to this resolution,To ensure humanitarian assistance materials in time or other humanitarian rescue activities,,Allow countries to handle related funds、Financial assets、Economic Resources、Product and service provided、Processing and payment activities,These activities shall not be regarded as an asset freezing measures Bet365 app download implemented by the Security Council or the UN Sanctions Council。

other,The UN Human Rights Council pays special attention to the infringement of economic sanctions on human rights and humanitarian demand。A senior commissioner's office of Human Rights Affairs under the UN Human Rights Council,and set up a special reporter in 2014,Responsible for investigation、Studies The negative effects of unilateral economic stress measures, including unilateral economic sanctions measures on human rights and humanitarian demand。Special Reporters in 2017 "Report on Special Reporters on Pastation of Human Rights Enjoying Human Rights" pointed out: The United States frequently implements external sanctions on foreign people and institutions,These external sanctions not only have adverse effects on the object of sanctions,It may also have adverse effects on human rights for the people of the Third State,Everyone who is affected by adversely has the right to get effective remedy、Including appropriate and effective economic compensation。Senior Commissioner of Human Rights Affairs of the United Nations also said,"Any sanctions that threaten people's lives and health must stop"。

  International Court Judgment 

When the International Court hears economic sanctions related cases,The basic rights they should enjoy when they are particularly concerned,It is pointed out that as long as the damage risk involved in sanction measures is satisfied with seriousness、Emergency、Three elements cannot be made up,Judges can issue temporary ban based on humanitarianism。When the international court reviews the humanitarian exemption mechanism under the economic sanctions framework,Not only is it limited to make a formal review of the legal text bet365 live casino games of the exemption mechanism,Also pay attention to the essential review of the effect。

In Iran, the United States responded to the sanctions case,Dispute measures are re -implemented by the United States in 2018 that the previous sanctions on Iran's cancellation of Iran,That is, the United States first began in finance on August 6, 2018、Metal Trade、Carpet and food imports native to Iran、Sanctions such as civil aircraft and parts exports,Then start other sanctions on November 4, 2018,The main points of the dispute are whether the US sanctions violate the 1955 "Friendship between the two countries、Treaty of Economic Relations and Consular Rights "。It is worth noting that it is,US sanctions contain humanitarian exemption mechanism,That is, sanctions are not applicable to Iran's imported agricultural products、Food、The field of drugs and medical facilities。

The International Court issued temporary measures in October 2018,Requires the US amendment sanctions: (1) The United States shall be in accordance with the treaty regulations between the two countries,Cancel some sanctions on May 8, 2018,You must hinder the export of the following products to Iran,That is medicine and medical facilities、Food and Agricultural Products、Equipment and parts necessary for civil aviation safety; (2) the United States should ensure that the relevant transactions of the aforementioned (1) products and services are obtained,Do not limit related payment and capital transfer; (3) the United States and Iran should avoid taking any behavior that may deteriorate or expand the controversy of this case,Avoid making this case more difficult to solve。

At the same time,The International Court made three explanations on its temporary measures: Bet365 lotto review (1) Although the US economic sanctions measures have a humanitarian exemption mechanism,But some foreign banks have refused to cooperate with Iranian banks or provide financial services after issuing sanctions in the United States,This makes it difficult for Iran to buy food in reality、Drugs and medical equipment,Personal health and life security in Iran have been seriously threatened; (2) Some companies have canceled the procurement contracts reached with Iran due to economic sanctions on the United States,Another company cannot provide maintenance services to Iranian airlines due to US sanctions,This leads to the serious aging of Iranian passenger plane,Aviation security is facing the risk of damage that is approaching and incapable; (3) Although the United States promises to "do its best" in the trial to ensure that Iranian humanitarian needs,But the court believes that these commitments cannot completely resolve humanitarian risks that Iran is facing,U.S. economic sanctions may still cause irreparable damage consequences。

Temporary measures issued by the International Court of the International Court make it highlighting that economic sanctions should not violate the principle of humanitarian protection。Although temporary measures for the protection of the protection may be different from the rights that the case is maintained during the subsequent physical trial stage,But this fits the concept of objective justice。The judge of this case, Can? 觭 Ado TRINDADE said,Disputes of disputes between the country may surpass the perspective of the country,Direct touch and personal rights protection of citizens; human conscience should be higher than the national will in legal empiricalism,The pursuit of natural law for objective justice shall give priority to bet365 live casino games the laws and regulations that comply with unfairness。

  (Author is an associate researcher at the International Law School of East China University of Political Science and Law) 

Editor in charge: Cui Bohan
QR code icons 2.jpg
Key recommendation
The latest article
bet365 live casino games

Friendship link:

Website filing number: Jinggong.com Anxie 11010502030146 Ministry of Industry and Information Technology:

All rights reserved by China Social Sciences Magazine shall not be reprinted and used without permission

General Editor Email: zzszbj@126.com This website contact information: 010-85886809 Address: Building 1, Building 1, No. 15, Guanghua Road, Chaoyang District, Beijing: 100026