Independent thesis Advanced level (degree of Master (One Year)), 10 credits / 15 HE credits
In politically volatile and turbulent times, the UN and the international law associated with it are under enormous pressure. The world is facing an era in which the rule of law seems to be eroding while the rule of the strongest leads the way. The phenomenon of sanctions will not cease soon. It is therefore essential to analyze whether the UN itself is adhering to the core purposes and principles to which it has committed itself. If the observation leads to the conclusion that the UN is violating its own Charter, this would result in legal ambiguity and uncertainty. How could the UN appeal on states to comply with international law if it itself violates its own constitution? The legality of the current sanctions practice must therefore be reviewed.
However, this thesis does not seek to provide answers on the effectiveness of sanctions. Nor does it try to assess the legality of unilateral sanctions or secondary sanctions in the interstate context. Measures involving the use of force under Art. 42 of the UN Charter will also not be examined. The thesis focuses on the UN sanctions practice against individuals and thus exclusively on its legal aspects.
The research question is therefore: “Does the United Nations Security Council violate its own Charter when it imposes targeted sanctions against individuals under Chapter VII?”7
Furthermore, this thesis is divided into seven different sections.
The following section explores the historical dimension of sanctions. In addition, the term “targeted sanctions”, the authorities imposing them and the addressees are described and explained. A brief overview of the different types of sanctions is also provided.
The third section deals with the sanction’s procedure under Chapter VII of the UN Charter and outlines the requirements for the imposition and implementation of sanctions.
The following section aims to illustrate the relevant purposes and principles that the UNSC must respect when imposing targeted sanctions.
The fifth section delves deeper into the difficulties that have arisen following the imposition of comprehensive and blanket sanctions against states. The legal aspects are discussed and highlighted, as this is important to understand what led to the rethinking of the sanctions policy.
The sixth section examines the current practice of targeted sanctions in detail and assesses whether it aligns with the purposes and principles enshrined in the UN Charter.
The final section summarizes the findings and concludes this thesis.
2025. , p. 54