A/HRC/42/46
Representative of the Secretary-General on unilateral coercive measures
60.
The Special Rapporteur has suggested, in his previous reports to the Human
Rights Council and the General Assembly (A/HRC/39/54, para. 52, and A/73/175,
para. 54), that the Secretary-General appoint a special representative on unilateral
coercive measures with a remit that would be broader than that of the Special
Rapporteur and that would include facilitating a dialogue to solve the underlying
causes of such measures (or, alternatively, several special representatives, each in
charge of a country-specific sanctions regime, as appropriate). The Special
Rapporteur believes that this would be a welcome step by the United Nations,
especially in light of recent worrying developments related to the increased use of
comprehensive sanctions and embargoes. It is a step that would permit the United
Nations to be involved in mitigating initiatives and to provide support to affected
people and communities. The Special Rapporteur also expresses hope that the vast
majority of countries, as part of their commitment to protecting innocent segments of
the population, in particular the most vulnerable, would support the idea of
appointing such a special representative of the Secretary-General.
VI. Conclusions
61.
As evidenced by the cases mentioned in section III of the present report (which
is of course by no means exhaustive), the recent application of ever more stringent
economic sanctions worldwide is a salient feature of international relations, one that is
creating an increasing level of tension of which millions of innocent people are the
daily victims. It is no exaggeration to assert that economic sanctions and blockades are
increasingly becoming a threat to international peace and security, to the extent that
their unwarranted and systematic use exacerbates inter-State tensions and leads to
more violations of human rights, while distorting the architecture of the collective
security system embodied by the Charter of the United Nations.
62.
It used to be claimed that resort to unilateral sanctions was a means of exerting
pressure on targeted States that avoided military confrontation.79 The increased use of
blockades and of sanctions regimes of such a scale and magnitude that they practically
amount to full-scale embargoes, with no alternative to the targeted Government other
than unconditional surrender, unilateral sanctions have lost the alleged quality of a
diplomatic tool and appear more and more as a preamble for violent confrontation.80
It is worth recalling that Article 2 (4) of the Charter of the United Nations sets out an
obligation on States to refrain from the threat or use of force against the territorial
integrity or political independence of any State, or in any other manner inconsistent
with the purposes of the United Nations. Moreover, while scholars continue to argue
about whether “force” in the meaning of article 2 (4) of the Charter should be
interpreted as extending also to “economic coercion”, it has been persuasively
advocated that such a view constitutes the correct interpretation of that Charter
provision.81
79
80
81
18
For a criticism of that view, see A/70/345, para. 7.
A typical case is that of the Bolivarian Republic of Venezuela, where crippling economic sanctions
are used in conjunction with repeated, almost unveiled, threats of military intervention. See, e.g.,
“Trump says all options are on the table for Venezuela”, Reuters, 23 January 2019.
See, e.g., “The use of nonviolent coercion: a study in legality under Article 2 (4) of the Charter of the
United Nations”, University of Pennsylvania Law Review, vol. 122, pp. 983–1011.
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