A/HRC/27/32
28.
In conclusion, Ms. Macdonald noted the need for a broad-based humanitarian
exemption under sanctions regimes to allow humanitarian organizations to continue to
function effectively on the ground, and narrower definitions of concepts such as “material
support” to terrorists, so that they did not prevent humanitarian organizations from fulfilling
their mandate to provide support to the population.
29.
Mr. Halliday welcomed the focus of the discussions on accountability, noting that he
could not recall the Security Council ever being held accountable for the consequences of
its decisions under Chapter VII, Articles 41 and 42, of the Charter. He considered that it
was unrealistic to expect States to respect basic principles in implementing unilateral
coercive measures when the Security Council itself did not respect the purposes and
principles set out in Articles 1 and 2 of the Charter when it imposed sanctions. Mr. Halliday
therefore proposed a revised and binding Article 41 compatible with those purposes and
principles, with time limitations, effective monitoring and rigid accountability provisions.
30.
With regard to unilateral coercive measures, Mr. Halliday considered that there
should be nothing less than complete cessation of them, as all such measures violated the
Charter. However, as unilateral coercive measures would be hard to stop in practice, he
proposed close monitoring by the Human Rights Council, with quarterly reporting to the
General Assembly or a revitalized and operational International Court of Justice.
Accountability could be ensured through devices such as suspension of United Nations
membership, loss of General Assembly voting rights, payment of reparations and payment
of compensation to individuals. Mr. Halliday suggested that positive rather than punitive
intervention might, however, be more productive, with increased United Nations capability
to anticipate bilateral problems, tensions and actions before coercive measures were begun,
and early dispute resolution assistance made available to States involved in disputes. He
stated that true accountability could be ensured only through a reformed, more democratic
Security Council, with full global and North/South representation.
31.
In conclusion, Mr. Halliday noted that few, if any, States appeared to win either
when imposing or as a target of multilateral or unilateral coercive measures, and that nonviolent recognition, support, cooperation, and commitment to the letter and spirit of the
Charter might prove to be more rewarding.
32.
Ms. Zaidi, participating by video message, examined the recent history of the use of
sanctions, noting that prior to 1990, the Security Council had imposed sanctions only twice,
against the former Rhodesia and South Africa, but between 1990 and 2000, they had
become a favoured coercive measure as an alternative to military intervention and had been
imposed 13 times. Drawing from her experience in assessing, analysing and critiquing the
negative humanitarian impacts of various sanctions regimes, she stated that if sanctions
were not designed with human rights principles in mind from the outset, subsequent
attempts to mitigate their humanitarian effects would be minor and insignificant, amounting
to a form of greenwashing that served to obscure the harmful policies behind the sanctions.
She gave examples of the human toll of comprehensive trade sanctions in Iraq; the
improvement of social conditions in the Islamic Republic of Iran under comprehensive
unilateral sanctions which had then worsened following the imposition of multilateral
sanctions; public pressure to implement “smart” sanctions to reduce negative humanitarian
and human rights effects; and the broader effect of current targeted sanctions on the
economy of the Russian Federation. She noted that targeted sanctions, by definition, had
narrower impacts, and as such were easier for policy elites to circumvent and thus were less
effective from the perspective of the States imposing them.
33.
Ms. Zaidi concluded that sanctions were war by another means, analogous to siege and
blockade. Damage to the national economy on which the population depended for health and
welfare was used by States imposing unilateral coercive measures to force a change in
government behaviour. She said that smart sanctions would always be preferable to
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