A Reflection on International Criminal Enforcement Mechanisms against Legal Persons with Emphasis on the Charter of the United Nations
Article Sidebar
Main Article Content
Abstract
Background and Objective: This study examines the enforcement mechanisms stipulated in Chapter VII of the Charter of the United Nations, particularly various forms of economic sanctions and military interventions imposed against legal persons, especially states. It seeks to analyze these mechanisms, identify their challenges, and propose appropriate solutions.
Method: This research was conducted using a descriptive–analytical method. Drawing upon library-based sources and data analysis, it seeks to answer the following question: How can the performance of international enforcement mechanisms in maintaining international peace and security and combating international crimes be evaluated?
Findings: The findings indicate that although the Security Council’s use of international enforcement mechanisms has, in some cases, contributed to the realization of the objectives of the Charter, its overall performance cannot be assessed positively due to the politicization of the Security Council and the political use of the veto power by its permanent members.
Conclusion: In order to overcome this situation and to restore the Security Council’s genuine and effective role, as well as to improve the functioning of international enforcement mechanisms, it is essential that the positions adopted by Security Council members be grounded in the Charter and directed toward safeguarding collective international interests, free from political considerations.
Article Details
This work is licensed under a Creative Commons Attribution 4.0 International License.
References
Aghaei, Seyyed Davood. (2003). International Organizations. Tehran: Peyk-e Farhang. [In Persian]
Afzal, Ali Mohammad. (2011). “Protection of the Right to Peace in the International Legal System.” Master’s Thesis, Payam Noor University of Tehran. [In Persian]
Alimoradpour, Asghar et al. (2024). “Economic Sanctions, States’ Obligations in the World Trade Organization, and Presentation of International Solutions.” Ta‘ali-ye Hoquq, 10(3), pp. 117–138. https://www.thdad.ir/article_721538.html [In Persian]
Andrea Bianchi. (2006). “Assessing the Effectiveness of the UN Security Council’s Anti-terrorism Measures: The Quest for Legitimacy and Cohesion.” European Journal of International Law, 17(5), pp. 881–919. https://doi.org/10.1093/ejil/chl032
Ansari, Bagher. (2011). “Foundations of Solidarity Rights.” Law Quarterly, 41(4), pp. 21–40. [In Persian]
Ashrafi, Daryoush. (2014). “A New Interpretation of International Peace and Security and Its Impact on the Concept of National Sovereignty.” Quarterly Journal of Public Law Research, 15(42), pp. 83–109. [In Persian]
Barzegar, Aida. (2017). “State Responsibility and International Crimes.” Scientific-Legal Quarterly of Qanunyar, 4, pp. 209–227. [In Persian]
Barrye, Carter. (1988). International Economic Sanctions: Improving the Haphazard U.S. Legal Regime. Cambridge University. https://www.jstor.org/stable/3480594
Bashiriyeh, Hossein. (2003). “An Introduction to the Philosophy of Justice.” Naqed Quarterly, 1, pp. 11–56. [In Persian]
Bazoobandi, S. (2015). “Sanctions and Isolation, the Driving Force of Sino-Iranian Relations.” East Asia, 32, pp. 257–271. https://doi.org/10.1007/s12140-015-9244-4
Bigzadeh, Ebrahim. (2010). Law of International Organizations. Tehran: Majd Publications. [In Persian]
Espiandi, Marina. (n.d.). “On the Commission of Crime by the State and Its Criminal Responsibility.” Translated by Seyyed Ali Hanjani. Legal Research Journal, No. 44, pp. 278–309. [In Persian]
Famouri, Sara & Alhouyi Nazari, Hamid. (2020). “Hierarchy of States’ Obligations under the United Nations Charter with Emphasis on Chapter VII Resolutions.” Biannual Journal of Public Law Thoughts, 10(1), pp. 57–72. https://hoghoughi.nashriyat.ir/node/176 [In Persian]
Farokh Siri, Mansour. (2008). “Legal Limitations of the Security Council in Applying Economic Sanctions.” International Legal Journal, 25(39), pp. 29–58. https://doi.org/10.22066/cilamag.2010.17383 [In Persian]
Habibzadeh, Tavakkol & Mirlouhi, Seyyed Mohammad Hossein. (2014). “Examining the Legitimacy of the Responsibility to Protect in Islam.” Journal of Islamic Human Rights Studies, No. 7. [In Persian]
Hejazi, Amrolldin & Solhchi, Mohammad Ali. (2020). “The Impact of the United Nations Security Council on the Establishment of International Criminal Security and Justice.” Criminal Law Research, 9(33), pp. 9–46. [In Persian]
Henkin, Louis. (1989). International Law: Politics, Values and Functions. Hague Recueil des Cours.
Ivener, Graham & Noonan, Jeffrey. (2002). Dictionary of International Relations. Translated by Homeira Moshirzadeh and Hossein Sharifi Tarazkouhi. Tehran: Mizan Publications. [In Persian]
Jafari Langroudi, Mohammad Jafar. (2005). Legal Terminology. 15th ed. Tehran: Ganj-e Danesh. [In Persian]
Jalali, Mahmoud. (2005). “Terrorism from the Perspective of International Law with Emphasis on the September 11, 2001 Incident.” n.p. [In Persian]
Kadkhodaei, Abbas Ali. (2010). “Genealogy of the Theory of Public Order in International Law.” Private Law Studies, 40(4), pp. 311–331. https://dor.isc.ac/dor/20.1001.1.25885618.1389.40.4.17.4 [In Persian]
Khajavi, Gholamreza. (2012). “Economic Sanctions from the Perspective of International Law with Emphasis on International Economic Law and the Right to Development.” Biannual Encyclopedia of Economic Law, 19(2), pp. 1–20. [In Persian]
Mafi, Homayoun. (2015). “Reflections on Enforcement Mechanisms from the Perspective of Public International Law.” Comparative Law Research Journal, 1(2), pp. 115–159. https://doi.org/10.22080/lps.2015.1711 [In Persian]
Mazaheri Jabali, Shahin & Davarfara, Nazanin. (2020). “Supervision of Security Council Sanctions.” International Journal of Nations Research, 5(53), pp. 7–23. [In Persian]
Mousazadeh, Reza. (1999). “A Review of the Evolution of the Concept of International Responsibility.” Foreign Policy Journal, 13(4), pp. 809–829. [In Persian]
Pogge, Thomas W. (2010). Politics as Usual: What Lies Behind the Pro-poor Rhetoric. Cambridge: Polity Press.
Qadir, Mohsen. (2013). “Examining Criminal Enforcement Mechanisms in the International Community.” Doctoral Dissertation. Qom: University of Qom. [In Persian]
Qureshi, Fardin & Rezaei Pishrabat, Saleh. (2011). “Expansion of the Competence of the United Nations Security Council in Practice (1945–2011).” Contemporary Comparative Law Studies, 3(4), pp. 225–261. https://law.tabrizu.ac.ir/article_2097.html [In Persian]
Rasekh, Mohammad & Boroumand, Shirin. (2020). “The Impact of the Theory of Global Justice on the Concept of Law.” Journal of Legal Studies, 12(2). [In Persian]
Tan, Kok-Chor. (2017). What Is the Thing Called Global Justice? New York: Routledge Publications.
Tomuschat, Christian. (2007). Human Rights. Translated by Hossein Sharifi Tarazkouhi. Tehran: Mizan Publications. [In Persian]
United Nations. (1945, January 26). Charter of the United Nations. [In Persian]
Walker, Neil. (2016). “The Gap between Global Law and Global Justice: A Preliminary Analysis.” University of Edinburgh Research Paper Series, No. 2016/30, pp. 1–24. https://journals.shirazu.ac.ir/article_5774.html?lang=en