Obligation of Human Rights Due Diligence in the Unilateral Sanctions Environment

Abstract Unilateral sanctions, means of their enforcement and over-compliance are broadly used today. At the same time, their status is highly dubious under international law. Traditionally the issue of unilateral sanctions is only addressed from the perspective of the law of international responsibility by seeking to assess whether unilateral sanctions can be qualified as countermeasures and proclaiming the right of States to decide on penalties for domestically unacceptable activities. This approach results in the expanding practices of imposing secondary sanctions, civil, administrative or criminal penalties for circumvention of unilateral sanctions regimes. High risk and severeness of penalties for circumvention of unilateral sanctions, uncertainty and multiplicity of sanctions regimes, adoption of non-binding documents, application of pressure campaigns result in growing fear and over-compliance from different actors. It affects inter alia fulfillment of the obligation of due diligence by States and businesses to ensure that neither international obligations nor human rights are violated by the State organs and private actors under the jurisdiction or control of the sanctioning or third States.