NEW APPROACHES OF UNDERSTANDING HUMAN RIGHTS: PARADOX OF SANCTIONS AT THE UNITED NATIONS

Despite extensive documentation of human rights, these rights are being violated by governments every day. In cases of widespread and severe violations on human rights, the Security Council has become unable to make any quick action subject to the Veto right and the conventional sanctions included as embargo, economic and use of force are not much effective and in some cases such as Iraq just add the political and social turmoil. In this article, first, we define and enumerate “sanctions” under UN system and then analyze the electivity of the current sanctions in international law. Among the conventional sanctions of international law, economic sanctions are common and have been widely imposed on member States such as Iraq and Iran. As one may notice, there are gaps in economic sanctions. The second categorization of sanctions is military ones that nowadays are applied in the form of humanitarian intervention. When a government perpetrates mass violations of human rights and genocide, there is an urgent need for the reaction of the international community. Then we contemplate on the challenges on the way of humanitarian intervention. There are also cases that States have applied humanitarian intervention without the resolution of Security Council. It seems there is an urgent need for a new generation of human rights guarantees that are not necessarily part of the UN system, but certainly it is consistent with its purposes. At last, we introduce the new generation of sanctions entitled as Collateral Agreements of Human Rights. We tried to make a comparison between sanctions in contract law and expand the model to international human rights law.