A/HRC/43/36
States with the aim of coercing other States to subordinate their sovereignty and of securing
advantages.
33.
Ms. Douhan argued that coercion in the international arena undermined the rule of
law, worsened friendly relations between States and prevented the achievement of the
Sustainable Development Goals. Due to the sensitivity of the matter, drafting a United
Nations declaration on the negative impact of unilateral coercive measures on human rights
was very timely, despite strong disagreement between source and target countries.
34.
With regard to the elements and principles of the future declaration, Ms. Douhan
suggested elaborating a definition of “unilateral coercive measures” for clarity and
consistency in terminology. The absence of a universally agreed definition had led to
confusion. States could, in exercising their sovereignty, apply means of pressure that were
not prohibited by any international treaty or custom.
35.
Ms. Douhan proposed the following definition of unilateral coercive measures:
“Measures applied by States, groups of States or regional organizations, without or beyond
the authorization of the Security Council, against other States, individuals or entities in
order to change a policy or the behaviour of a directly or indirectly targeted State, entity or
individual, if these measures cannot undoubtedly be qualified as not violating any
international obligation of the applying State or organization, or its wrongfulness is not
excluded under general international law.”
36.
Ms. Douhan added that, in recent resolutions and reports, reference had been made
to “source State”, “unilateral coercive measures with extraterritorial effect” and
“international differences”. The possibility of applying international humanitarian law in
cases involving the use of strong economic measures (comparable with those of a military
blockade) against States in the absence of military conflict may further exacerbate the
situation rather than narrow existing discrepancies.
37.
With regard to affected individuals and entities directly targeted by unilateral
coercive measures, Ms. Douhan suggested including in the future declaration an effective
human rights protection mechanism. She stressed that the future declaration should aim at
to promote and protect all human rights, not only economic rights or the right to
development. Both the right to development and the right to peace rested on the observance
of all categories of human rights. Special attention should be paid to the right to due process,
insofar as that right was essential for guaranteeing the observance of all other categories of
rights.
38.
There was also a clear need to establish an effective system for providing short- and
long-term responses to those removed from sanctions lists and compensation to those
targeted by sanctions. For example, both the use of mechanisms for the peaceful settlement
of international disputes and national assessments of the existence of legal grounds for
bringing forward criminal charges may exclude a number of cases from the discussion on
unilateral coercive measures.
39.
The use of illegal coercive measures to obtain from targeted States the subordination
of their sovereign rights and to secure from them advantages of any kind was prohibited by
the principle of non-intervention into domestic affairs as set forth in the Declaration on the
Inadmissibility of Intervention and Interference in the Internal Affairs of States (General
Assembly resolution 36/103). That prohibition had a peremptory character and may not be
violated by any subject of international law.
40.
Ms. Douhan concluded by suggesting that the future United Nations declaration on
the negative impact of unilateral coercive measures on the enjoyment of all human rights
should be developed while taking into consideration all potential subjects of sanctions and
all possible types of measures, with full awareness of and respect for peremptory norms of
international law, including the principle of non-intervention into the domestic affairs of
States. Any progress on the matter could only be achieved if the rule of law was observed.
41.
Mr. Mohamad pointed out that within the parameters of international law it had
become evident that unilateral coercive measures or unilateral sanctions were in violation
of certain core principles of the Charter of the United Nations, as well as the core principles
of the Declaration on Principles of International Law concerning Friendly Relations and
Cooperation among States in accordance with the Charter of the United Nations (General
Assembly resolution 2625 (XXV)). Those principles were: the principle of the sovereign
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