Multilateralism Studies, Volume (1), No (1), Year (2020-12) , Pages (39-54)

Title : ( The Feasibility of Filing Lawsuits against Imposers of Sanctions for Crimes against Humanity in Domestic Courts )

Authors: Azam Amini , Ehsan Daryadel ,

Citation: BibTeX | EndNote

Abstract

Coercive unilateral economic sanctions are one of the tools with which big powers such as the US can exert pressure on the target country in order to force it to change its behavior or policies. This entails breaches of human rights against a civilian population. The sanctions are not in themselves banned under international law because it is the right of every country to limit its economic ties with other countries. However, when this endangers other fundamental human rights like the right to life, such measures are strongly condemned. If the scope of these measures deprives the population of the target country of its basic needs, it can be an example of crimes against humanity. The present research is seeking to answer the question of whether it is possible to bring a lawsuit against the imposers of such economic sanctions. A descriptiveanalytical method is used in this research to study the feasibility of filing lawsuits against imposers of sanctions for crimes against humanity in domestic courts. The results show that by referring to the principles of international law, applying the principles of universal criminal and civil jurisdiction and in view of different approaches by the US courts to claims, bringing a lawsuit against the imposers of sanctions is possible in the domestic courts of other countries and the US under the Alien Tort Statute (ATS).

Keywords

, Unilateral Economic Sanctions, Crimes against Humanity, Universal Jurisdiction, Lawsuit
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@article{paperid:1084115,
author = {Amini, Azam and Ehsan Daryadel},
title = {The Feasibility of Filing Lawsuits against Imposers of Sanctions for Crimes against Humanity in Domestic Courts},
journal = {Multilateralism Studies},
year = {2020},
volume = {1},
number = {1},
month = {December},
issn = {1111-2222},
pages = {39--54},
numpages = {15},
keywords = {Unilateral Economic Sanctions; Crimes against Humanity; Universal Jurisdiction; Lawsuit},
}

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%0 Journal Article
%T The Feasibility of Filing Lawsuits against Imposers of Sanctions for Crimes against Humanity in Domestic Courts
%A Amini, Azam
%A Ehsan Daryadel
%J Multilateralism Studies
%@ 1111-2222
%D 2020

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