نوع مقاله : پژوهشی
نویسندگان
1 استادیار گروه حقوق بینالملل دانشگاه قم
2 دانشجوی کارشناسی ارشد حقوق بینالملل دانشگاه قم
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسندگان [English]
Sanction as a mechanism to force states to comply with their international obligation has been used since many years ago. Sanction is a kind of countermeasure which had been used against states before issuing on individuals. Emerging of international terrorism and rising criticisms about traditional sanctions caused to founding a new generation of sanctions which is called Smart sanction. In a form of smart sanction the nongovernmental actors, who are violating international norms, are sanctioned. A form of smart sanction is individual sanction, which has raised so many new debates. Although this kind of sanction is issued because of violating international norms by targeted people, it would be against international principles. Using of these sanctions indiscriminately and ignorantly for its aftermath is against of the doctrine of smart sanction. Listing some Iranian nationals due to their relation with Iran’s nuclear program, ballistic missiles and violating human rights, would be contravention of international law and fundamental principles such as: immunity of state property, impunity of diplomats and councils, and obligation of host country due to headquarter agreements with international organizations, and some fundamental human rights such as: right to movement, right to ownership, right to access to fair preceding( right to justice). The internal and international preceding have marinated that violating this principles could be a cause to void of Security Council resolutions and to end multi and unilateral individual sanctions. Violating these principles could raise the claim of targeting state and international organization responsibility and pay damage to targeted people.
کلیدواژهها [English]
الف- فارسی
ب- انگلیسی
Seminar-Paper-in-University-of-Vienna,-2012,,available-at http://ils.univie.ac.at/fileadmin/user_upload/legal_studies/student_paper/Martino_Targeted_sanctions_paper.pdf
https://tspace.library.utoronto.ca/bitstream/1807/33432/1/Mirshahi_Farnaz_201211_LLM_thesis.pdf
http://ils.univie.ac.at/fileadmin/user_upload/legal_studies/student_paper/SC_Terrorist_List_Finnur_Magnusson.pdf. visited in 2013
Gabriele porretto,The European union, counter-terrorism sanctions against individuals and human rights protection, Transitional Justice Institute Research Paper No. 09-08, 2009
http://www.icj-cij.org/docket/files/53/5597.pdf
http://assembly.coe.int/ASP/APFeaturesManager/defaultArtSiteView.asp?ID=717
Luxembourg, 18 July 2013 .available at:
http://curia.europa.eu/jcms/upload/docs/application/pdf/2013-07/cp130093en.pdf visited in 2014
C- WEBSITES
D- DRAFTS
www.treasury.gov/resource-center/sanctions/Programs/Documents/cuba_tr_app.pdf visited in 2013