Smart International Sanctions and Their Humanitarian Effects
DOI:
https://doi.org/10.65263/6c6trn65Keywords:
Smart sanctions, forms of sanctions, humanitarian implications, practical applications.Abstract
This research addresses the issue of smart international sanctions as an alternative to comprehensive traditional sanctions, as a result of the numerous negative humanitarian effects caused by the latter and their violations of human rights. The research focuses on the fundamental question of the extent to which smart international sanctions have succeeded in achieving their humanitarian objectives, given that the humanitarian tendency is the primary motivation for adopting them when applying one of their forms, namely military, financial, trade, and travel-ban sanctions, as they are based on the characteristics of intelligence, selectivity, and temporariness. The legal basis for these sanctions is found in the provisions of the Charter of the United Nations and the European Union. The research concludes with a fundamental finding that smart international sanctions have limited negative effects rather than no negative effects, and that the permanent members of the Security Council and their allies are always protected from the application of such sanctions against them. Therefore, smart international sanctions should be applied without discrimination and the policy of double standards should be avoided. They should also be subject to periodic review when applied, with specified time periods for their implementation, in a manner that ensures their effectiveness in achieving their humanitarian objectives.
References
First: Books
1. Ahmed Hassan Fuli, Public International Law, Dar Al-Nahda Al-Arabiya, Cairo, 2015.
2. Roderick Ilya Abi Khalil, International Economic Sanctions in International Law: Between Effectiveness and Human Rights, 1st ed., Al-Halabi Legal Publications, Beirut, 2009.
3. Soran Ismail Abdullah, The Role of Smart Sanctions in International Crisis Management, 1st ed., Al-Halabi Legal Publications, Beirut, Lebanon, 2013.
4. Omar Saadallah, International Law for the Settlement of Disputes, Dar Houma, Algeria, 2010.
5. Hadi Naeem Al-Maliki, International Organizations, 3rd ed., Dar Al-Masalla for Printing, Publishing and Distribution, Baghdad, 2023.
Second: Theses and Dissertations
1. Ben Zakri Ben Allou Madiha, The Impact of International Economic Sanctions on Peoples’ Right to Development, PhD Dissertation, Faculty of Law and Political Science, University of Mostaganem, Algeria, 2018–2019.
2. Ben Moussa Malika, Smart Sanctions as a Basis for Implementing International Obligations, Master’s Thesis, Faculty of Law and Political Science, Abdelhamid Ibn Badis University of Mostaganem, Algeria, 2022–2023.
3. Suhad Abdul-Jamal Abdul-Karim Al-Zuhairi, Smart International Sanctions under Public International Law: An Applied Analytical Study, PhD Dissertation, College of Law, University of Mosul, 2017.
4. Qardouh Reda, Smart Sanctions: The Extent to Which They Can Be Considered an Alternative to Traditional Economic Sanctions in Relation to Human Rights, Master’s Thesis, University of Batna 1 – Hadj Lakhdar, Faculty of Law and Political Science, Department of Law, Algeria, 2010–2011.
5. Maoush Abdel-Haq and Maoush Sayed Ali, The Role of Smart Sanctions in International Crisis Management between International Legitimacy and Human Rights Violations, Master’s Thesis, Abderrahmane Mira University – Béjaïa, Faculty of Law and Political Science, Department of Public Law, Algeria, 2020.
6. Aras Abdullah Najm Al-Din, Smart Sanctions within the Framework of International Organization, PhD Dissertation, College of Law, University of Baghdad, 2023.
Third: Research Papers
1. Bou Diaf Asmahan, “Smart International Sanctions Issued by the Security Council against Individuals and Non-State Entities,” Journal of Law and Political Science, published by Abbas Laghrour University of Khenchela, Vol. 10, No. 2, Algeria, 2023.
2. Chaibane Nassira and Abassa Taher, “Smart Sanctions: An Alternative to International Economic Sanctions,” Journal of Judicial Jurisprudence, published by the Laboratory of the Impact of Judicial Jurisprudence on Legislative Activity, University of Mohamed Khider Biskra, No. 17, Algeria, September 2018.
3. Saddam Faisal Koukez, “Assessing the European Union’s Experience in Using Smart Sanctions and Their Effectiveness in Protecting Human Rights,” Academic Journal of Legal Research, Faculty of Law and Political Science, Abderrahmane Mira University – Béjaïa, Vol. 15, No. 1, Algeria, 2017.
4. Qardouh Reda, “Smart Sanctions as an Alternative to Comprehensive Economic Sanctions for Achieving Political Effectiveness,” Journal of Legal and Political Research, published by the Laboratory of Studies and Research on Colonial Massacres and the Laboratory of Applications of Modern Technologies to Law, University of Mohamed Lamine Debaghine – Sétif 2, Faculty of Law and Political Science, Vol. 2, No. 2, Algeria, 2020.
5. Muhammad Hussein Muhammad and Suhad Abdul-Jamal Abdul-Karim, “The Concept and Development of Smart International Sanctions,” Journal of the College of Law for Legal and Political Sciences, University of Kirkuk, Vol. 12, No. 46, 2023.
6. Muhammad Saadi, “Smart International Economic Sanctions,” Journal of Law, published by the Institute of Legal and Administrative Sciences at Ahmed Zabana University Center – Relizane, No. 6, Algeria, June 2016.
7. Noura Saadani, “Smart International Sanctions: Nature and Effectiveness of Implementation,” International Law Journal for Research Studies, published by the Arab Democratic Center for Strategic, Economic and Political Studies, Berlin, Germany, No. 1, July 2019.
Fourth: International Conventions
1. Charter of the United Nations, 1945.
2. Universal Declaration of Human Rights, 1948.
Fifth: International Resolutions
1. United Nations Security Council Resolution No. 1373 (2001), adopted at the Council’s 4385th meeting, held on September 28, 2001.
2. United Nations Security Council Resolution No. 1556 (2004), adopted at the Council’s 5015th meeting, held on July 30, 2004.
3. United Nations Security Council Resolution No. 1591 (2005), adopted at the Council’s 5153rd meeting, held on March 29, 2005.
4. United Nations Security Council Resolution No. 1672 (2006), adopted at the Council’s 5423rd meeting, held on April 25, 2006.
5. United Nations Security Council Resolution No. 1970 (2011), adopted at the Council’s 6491st meeting, held on February 26, 2011.
6. United Nations Security Council Resolution No. 2199 (2015), adopted at the Council’s 7379th meeting, held on February 12, 2015.
7. United Nations Security Council Resolution No. 2253 (2015), adopted at the Council’s 7587th meeting, held on December 15, 2015.
8. United Nations Security Council Resolution No. 2368 (2017), adopted at the Council’s 8007th meeting, held on July 20, 2017.
9. United Nations Security Council Resolution No. 2664 (2022), adopted at the Council’s 9214th meeting, held on December 9, 2022.
10. United Nations Security Council Resolution No. 2761 (2024), adopted at the Council’s 9802nd meeting, held on December 6, 2024.
Sixth: Electronic Sources
1. Louis Charbonneau, “It Is Time to Expose the Falsehood of China’s Threats Concerning Myanmar at the United Nations,” report published on the website of Human Rights Watch:
Human Rights Watch
Seventh: Foreign Sources
1. Iraq Sanctions: Humanitarian Implications and Options for the Future, Security Council, Global Policy, report published by OCHA, August 6, 2002.
2. Sanctions in the Context of Russia’s Invasion of Ukraine, In-Depth Analysis, European Parliament, EGOV, European Parliament Reports, April 2022.
Downloads
Published
Issue
Section
License
Copyright (c) 2026 Al-Bayan University Journal for Legal Studies and Research
This work is licensed under a Creative Commons Attribution 4.0 International License.
The authors retain Full copyright of their published article
Al-Bayan University Journal for Legal Studies and Research (AUJLSR) applies the Creative Commons Attribution 4.0 International (CC BY 4.0) License to articles and other works we publish. If you submit your paper for publication by AUJLSR, you agree to have the CC BY 4.0 license applied to your work.
Articles can be read and shared for under the following conditions:
BY: Attribution must be given to the original source (Attribution)
Full details available at
https://creativecommons.org/licenses/by/4.0/
