A/HRC/42/46
42.
The restrictions imposed by the United States are reportedly having a catastrophic
impact on the Syrian economy and population and forcing the Government of the Syrian
Arab Republic to ration gasoline.59 This situation, coupled with the effects of the random
piling-up of 52 packets of other, so-called “smart”, sanctions and the comprehensive
sanctions, effectively means imposing misery on an entire population. The measures are
clearly indiscriminate, and thus arguably unlawful under international law, as previously
stressed by the Special Rapporteur. This is all the more disturbing given that there used to
be flexibility with regard to the implementation of sanctions on the Syrian Arab Republic in
order to alleviate the situation of the civilian population. For example, in 2013 the
European Union decided to selectively lift its oil embargo in relation to territories held by
insurgent groups in the Syrian Arab Republic. 60 However, this reportedly boosted the
capabilities of extremist Jihadist forces controlling those territories.61
H.
Yemen
43.
The Special Rapporteur, who has previously drawn attention to the humanitarian
crisis in Yemen (A/73/175, para. 31, and A/72/370, paras. 31–32), notes with concern that
the flow of essential foodstuffs and other commodities into Yemen continues to be
restricted de facto, even though the naval blockade was lifted after the United Nations
Verification and Inspection Mechanism for Yemen was set up.62 Obstacles to the flow of
goods identified by United Nations agencies present in Yemen include obstacles on all
sides to safe passage for aid delivery and delays in approving project agreements.63 This
includes what the World Food Programme has identified as “the obstructive and
uncooperative role of some of the Houthi leaders in areas under their control”. 64 The
Special Rapporteur notes that the Stockholm Agreement reached on 13 December 2018,
which includes an agreement on the city of Hodeidah and the ports of Hodeidah, Salif and
Ras Issa, represents a first step towards re-establishing regular trade with and from Yemen
(S/2018/1134, annex). The Security Council, which is to be commended for having
endorsed the agreement, has called on the parties to the conflict to continue to engage
constructively, in good faith and without preconditions, with the Special Envoy for Yemen,
including on continued work towards stabilizing the Yemeni economy (Council resolution
2451 (2018)). The Stockholm Agreement remains to be fully implemented on the ground.
IV. Emerging consensus of the international community to
condemn and resist the extraterritorial application of
unilateral sanctions
A.
Condemnation of the extraterritorial application of unilateral sanctions
44.
Rejection of the United States embargo on Cuba has become so widespread within
the international community that in 2018 a near-universal consensus was reached by the
General Assembly. Moreover, successive Assembly resolutions nominally concerned with
the Cuban embargo actually have a broader scope and broader implications, since they
contain language that clearly applies to unilateral coercive measures in general, whatever
59
60
61
62
63
64
Donna Abu-Nasr, “US sanctions on Iran mean Damascus drivers queue for gas”, Bloomberg, 14 April
2019.
Council of the European Union, “Council eases sanctions against Syria to support opposition
and civilians”, press release, 22 April 2013.
Julian Borger and Mona Mahmood, “EU decision to lift Syrian oil sanctions boosts jihadist groups”,
The Guardian, 19 May 2013.
Stephanie Nebehay, “UN quietly steps up inspection of aid ships to Yemen”, Reuters, 5 April 2018.
Office for the Coordination of Humanitarian Affairs, “Yemen humanitarian update covering 22
March-17 April 2019”, issue No. 6.
World Food Programme, “World Food Programme to consider suspension of aid in Houthi-controlled
areas of Yemen”, press release, 20 May 2019.
13
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