Sanctions, Countermeasures, and Responding to Russia's Invasion of Ukraine

Russia’s invasion of Ukraine has marked a notable shift in the use of sanctions as a tool of foreign policy, particularly between ‘western’ aligned states. While the use of sanctions has been increasing steadily in recent years, and notably since Russia’s first invasion of Ukraine in 2014, the full-scale attack by Russia from February 2022 has ignited a much more robust approach to sanctions than we have seen before. While sanctions have long been a tool of foreign policy, the response to Russia’s actions has been marked by an unprecedented scale and coordination, particularly amongst Western-aligned states. This situation has not only tested the boundaries of existing legal frameworks but has also highlighted the divergent perspectives on the legality and legitimacy of sanctions, particularly when employed outside of UN Security Council authorisation.

One of the most contentious issues arising from the Ukraine conflict is the proposition of seizing sovereign assets as a form of sanction. This has reignited debates on the legal basis of sanctions and the applicability of principles such as non-intervention and state immunity. The lack of a clear consensus on these fundamental principles underscores the need for a comprehensive examination of the legal and policy implications of sanctions, especially in light of their increasing prominence in international relations.

This Chapter aims to analyse this legal framework, focusing on the challenges posed by the recent initiatives aimed at seizing Russian assets. It will explore the existing legal frameworks governing the principle of non-intervention and the doctrine of countermeasures, and assess how these frameworks apply to the novel approaches adopted in response to the Ukraine crisis. The Chapter also aims to shed light on the divergent legal positions amongst states and the potential implications of the current trends in sanctions for the future of international law and relations.