A/HRC/30/45
E.
Contribution to strengthen the capacity of the Office of the United
Nations High Commissioner for Human Rights to provide technical
assistance and advisory services to affected countries
57.
Pursuant to his mandate, the Special Rapporteur will contribute to backstopping the
capacity of OHCHR to provide affected countries with technical assistance and advisory
services. Consultations have been initiated with OHCHR to determine the modalities of the
special procedure’s involvement in this important area
58.
The mandate-holder will investigate the possibility and acceptability of including
reporting on unilateral coercive measures and on their human rights impact as part of the
universal periodic review process and to organize a cross-cutting mainstreaming session of
the Human Rights Council on this theme
VIII. Conclusion
59.
Only multilateral sanctions approved by the Security Council comply with the
letter and spirit of the Charter of the United Nations, which is the bond between all
States Members of the United Nations. The political reality, however, has departed
from the ideals of the founding fathers based on a vision of the unity of purpose of the
victors of the Second World War. Thus, it soon became obvious that the veto powers
devolved to the five permanent members of the Security Council would, on occasion,
prevent it from adopting sanctions when these were necessary if only to protect
innocent populations from abuse of their human rights, or the procedure in the
Council for adopting sanctions was too lengthy while the need to resort to coercive
measures brooked no delay. It was to be expected that unilateral coercive measures
would be adopted to remedy such deficiencies.
60.
However, the question remains as to whether such measures would still be
legitimate if the Security Council had already taken action and adopted appropriate
sanctions in good time. This is open to debate, but there are strong legal arguments
that support a negative answer. It has been argued that:
From the moment when the Council occupies itself with the adoption of
mandatory sanctions, Member States transform into agents for the execution of
these sanctions, their duty being to implement them in good faith without
undermining their effective application. For States not individually injured,
this implies an obligation to suspend measures already adopted at the
individual level if they are different or incompatible with the measures decided
by the Council, or in any case, to modify them in order to harmonize them with
United Nations sanctions. A fortiori, the States in question should not adopt
collective countermeasures after the pronouncement of mandatory sanctions
but only measures that are necessary and sufficient for the execution of those
mandatory sanctions. In short, unless the Council invites States to go further
than its own measures — a rare event in practice — the triggering of Chapter
VII ends the power of States not individually injured to react as they please at
the individual level.45
45
L.A. Sicilianos, “Countermeasures in Response to Grave Violations of Obligations Owed to the
International Community”, The Law of International Responsibility (Oxford, Oxford University
Press, 2010), p. 1142.
17
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