The role and contestation of sanctions in contemporary international law and practice

Abstract

In the contemporary world, it is crucially important to understand the implications of a breach of international law not only on States, but also on private individuals. While sanctions are traditionally regarded as a punitive measure aimed at States as public actors, in certain cases individuals become subject to sanctions due to having allegedly provided a certain kind of support to States held responsible for any breaches of international law. In 2022 and 2023,there has been a massive inclusion of private individuals on sanctions lists written by international organizations to penalize those responsible for the war against Ukraine. While many of those individuals are guilty for maintaining or financing the war, it is important to leave open the possibility of a judicial review of their inclusion on these sanctions lists. Therefore, this paper examines whether and under what criteria sanctions against private individuals in relation to the war against Ukraine can be legally reviewed.