Unpacking the elusive nature of Magnitsky sanctions : human rights and security considerations

Abstract

International sanctions play an increasingly prevalent role in responses to global challenges. In particular, several states and the European Union have in recent years created ‘Magnitsky sanctions’ regimes that utilise travel bans and asset freezes to target persons located abroad presumed responsible for the violation of human rights. This paper seeks to explore Magnitsky sanctions, through the lenses of human rights and security, with a view to seeking clarity and stimulating further discussion on their future place, role, and regulation. Through unpacking Magnitsky sanctions’ potential aims – human rights and security – the paper exposes Magnitsky sanctions as elusive and malleable tools, that potentially reflect more overarching trends, namely the proliferation of securitisation within international relations and dissatisfaction with existing international criminal justice avenues.