Some Reflections on the Law and Practice Concerning the Imposition of Sanctions by the Security Council

Abstract

The term is not used in official international documents, probably because it may imply an element of punishment. Thus, the committee established by resolution 661 (of August 6, 1990) in order to assist the Security Council in the implementation of sanctions against Iraq was called „Committee established by resolution 661 (1990) concerning the situation between Iraq and Kuwait, and not „sanctions committee, the designation used commonly, mainly in journalistic jargon. Some writers use the expression counter-measures instead of sanctions1 but the U.N. Charter is even more discreet: the term used is ... to maintain or restore international peace and security (Article 39). This phrase demonstrates that, not only is there no retributive element involved, but also that the „measures may be taken only for one purpose to maintain or restore international peace and security2. It seems that under the U.N. Charter the need to rectify an injustice or a violation of the law, whether or not an erga omnes principle, does not warrant the resort to „measures.