Promoting human rights: A focus on Magnitsky sanctions

Document Type : Short Paper

Author

Post_Doc Fellow. Graduate Institute of Geneva, Switzerland

Abstract

Since the Universal Declaration of Human Rights in 1948, the protection and preservation of human rights have become behavioral standards for governments towards their citizens, as well as criteria for shaping foreign relations. This shift has led to the use of both incentive-based diplomacy and coercive diplomatic tools, such as international sanctions. The global Magnitsky sanctions introduced in 2016 represent one of the most significant forms of human rights sanctions. This paper demonstrates that these sanctions target individuals and entities rather than imposing bans on entire country. While they are not without concerns and criticisms, their emergence highlights the growing importance of human rights and introduces a new generation of sanctions with significant implications for international law and human rights, as well as for international relations. In this regard, using the content analysis method, the legal study and the context in which the Magnitsky sanctions were formed are examined, along with the possibility of analyzing and examining the consequences of these sanctions on the target countries and the criticisms related to them.

Keywords

Main Subjects

References

Bartlett J, Ophel M. (2021). “Sanctions by the numbers: Spotlight on human rights and corruption”. Center for a New American Security. https://www.cnas.org/publications/reports/sanctions-by-the-numbers-human-rights.
Biersteker ThJ, Eckert SE, Tourinho M. (Eds.). (2016). “Targeted sanctions: The impacts and effectiveness of United Nations action”. Cambridge University Press. https://doi.org/10.1017/CBO9781316460290.
Dillard J. (2022). Targeted Sanctions Against Human Rights Violators: A Question of Efficacy. Honors College Theses. https://digitalcommons.georgiasouthern.edu/honors-theses/777.
Eckes Ch. (2022). “EU global human rights sanctions regime: Is the Genie out of the bottle?”. Journal of Contemporary European Studies. 30(2): 255-269. https://doi.org/10.1080/14782804.2021.1965556.
---------------. (2020). “EU human rights sanctions regime: Ambitions, Reality, and Risks”. Amsterdam Law School Legal Studies Research Paper. No. 2020-64; Amsterdam Centre for European Law and Governance Research Paper. No. 2020-07.
Gomes-Abreu A. (2021). "Are human rights violations finally bad for business? The impact of Magnitsky sanctions on policing human rights violations". Journal of International Business and Law. 20(2). https://scholarlycommons.law.hofstra.edu/jibl/vol20/iss2/6.
Moiseienko A. (2024). “Crime and Sanctions: Beyond sanctions as a foreign policy tool”. German Law Journal. 25: 17-47. https://doi.org/10.1017/glj.2023.103.
Moret E. (2015). “Humanitarian impacts of economic sanctions on Iran and Syria”. European Security. 24(1): 1-21.
Newson N. (2021). “Magnitsky sanctions in Focus”. Published Friday. June 18. https://lordslibrary.parliament.uk/magnitsky-sanctions/Portela.
Portela C. (2018). “Targeted sanctions against individuals on grounds of grave human rights violations: Impact, Trends and Prospects at EU level”. The European Parliament's Subcommittee of Human Rights (DROI).
Prendergast J. (2019). “A new approach to support human rights and peace: Financial pressure”. https://www.un.org/sites/un2.un.org/files/2020/09/a_new_approach_to_support_human_rights_and_peace_by_john_prendergast.pdf.
U.S. Department of State. (2016). “Human rights”. February 29 https://2009-2017.state.gov/p/io/humanrights/index.htm.
Walker J. (2016). “Study on Humanitarian Impact of Syria-Related Unilateral Coercive Measures”. UNESCWA, Beirut.
Weber, M.A. (2021). “The global magnitsky human rights accountability act: Scope, implementation, and considerations for congress”. Congressional Research Service. R46981. https://crsreports.congress.gov.
Journal of Countries Studies
Volume 3, Issue 2
2025
Pages 429-440

Files

History

  • Receive Date: 13 January 2025
  • Revise Date: 23 January 2025
  • Accept Date: 02 February 2025

Share

How to cite

Statistics