A/HRC/33/48
71.
States should consider the opportunity of submitting to the International Court
of Justice a request for an advisory opinion on the legality of unilateral coercive
measures. An advisory opinion clarifying the status of unilateral coercive measures
that do have adverse human rights impacts on innocent people in contemporary
international law (including international human rights law) and its relationship to
collective punishment would be of great significance to the international community
and the advancement of the rule of law.
72.
The United Nations mechanisms overseeing the implementation of United
Nations human rights treaties, in particular the Committees established under the
International Covenant on Civil and Political Rights and the International Covenant
on Economic, Social and Cultural Rights, should be reinforced and their competence
to address human rights violations resulting from the imposition of unilateral coercive
measures, irrespective of the location of the victim or the perpetrator, should be
reaffirmed.
73.
The principle of accountability could be upheld by including in the universal
periodic review of each source State an item on the unilateral coercive measures that
they apply to targeted countries with an assessment of their human rights impact.
74.
The establishment of an appropriate mechanism to enable persons affected by
unilateral coercive measures to seek remedies, compensation and redress at the United
Nations level should be considered. Such a mechanism could take the form of a
compensation commission set up by the Security Council. Alternatively, the
mechanism could be set up by means of a multilateral convention, negotiated under
the auspices of the United Nations, to which States would be invited to adhere and
which would provide a forum through which individuals and entities affected by
unilateral coercive measures could bring direct claims against targeting States or
international organizations. Such a compensation commission could be called upon to
review and adjudicate claims relating to human rights violations arising from the
imposition of sanctions or it could rely on the findings of the Human Rights
Committee and Committee on Economic, Social and Cultural Rights.
75.
Alternatively, the possibility of adopting the format of the World Trade
Organization Dispute Settlement Body could be reviewed in order to set up an
adjudicatory body to address requests for compensation and reparation related to
human rights violations resulting from the implementation of unilateral coercive
measures.
20
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