Risks of Humanitarian Countermeasures

This chapter explores the risks of humanitarian countermeasures. This analysis is of particular importance as the detected risks are then mitigated as best as possible in the concrete design of humanitarian countermeasures laid out in Part III. The risks of countermeasures can be derived from their different characteristics. A set of problems arises from their nature as third-party countermeasures. States have in the past expressed concerns both in relation to countermeasures in general, but also specifically in regard to third-party countermeasures. Their major fear was the general abuse risk, disproportional acts under the cloak of countermeasures and the exploitation of such mechanisms by powerful states to the detriment of weaker states. Other risks stem from the forceful nature of these measures and the adoption of a modern, less absolute understanding of sovereignty.