Document Type : research
Authors
1
PhD student of Public International Law, Department of Law, Najaf Abad Branch, Islamic Azad University, Najaf Abad, Iran.
2
Department of Law, Najafabad Branch, Islamic Azad University, Najafabad, Iran.
3
Associate Professor, Law Department, University of Isfahan, Isfahan, Iran.
10.22034/ejs.2024.435317.1662
Abstract
Background and purpose: The purpose of this article is to review and evaluate the legal jurisprudence of the economic sanctions of the Security Council based on Article 39 of the United Nations Charter.
Materials and Methods: This article is descriptive and analytical. Materials and data are also qualitative and data collection was used in collecting materials and data.
Ethical Considerations: In this article, the originality of the text, honesty and trustworthiness are respected.
Findings: In Islamic jurisprudence and history, based on the verses of Surah Baqarah and Yusuf, economic embargo has been used and emphasized as a pressure lever, but it should be used with cruelty in the media. In Article 39 of the United Nations Charter, the Council is empowered to determine cases of threats against international peace and security, violations of international peace and security, and acts of aggression. As the case may be, the Security Council can make recommendations or decisions to implement its findings. Therefore, Article 41 of the United Nations Charter foresees that the Council can adopt measures that do not involve military force, including sanctions, against the guilty country. Therefore, it can be said that from the legal point of view, the Security Council, according to the articles mentioned above, has the authority and permission to accept resolutions that include sanctions.
Conclusion: The effects of the implementation of sanctions on third countries, the right to development, as well as its destructive results on basic human rights, including the right to health, and in general the negative humanitarian effects of international sanctions on the most vulnerable people of the target country, is always one of the major concerns of the international community, which requires an intelligent evaluation.
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