A/HRC/30/45
14.
The Special Rapporteur will consider as unilateral coercive measures, measures
other than those taken by the Security Council under article 41 of the Charter of the United
Nations. Only the latter are truly multilateral from the point of view of the United Nations,
under whose aegis the present report is being elaborated. There is a presumption that, once
the Security Council has decided on sanctions, and without prejudice to the exercise of the
right to self-defence referred to in article 51 of the Charter, Member States have to comply
with its decisions without adding to or retrenching from their content, pursuant to articles
25, 48(2) and 103 of the Charter. However, this is not always the case.
15.
Coercive measures imposed by international financial institutions and regional
bodies on their own members or on candidates to membership are not usually considered as
“unilateral” as they are part of a package of rights and obligations whose prior acceptance
by target countries are conditions for membership. Take, for instance, a duty-free zone
established between an economic grouping and a partner State. The decision by the former
to withhold free-entry status to products originating in land not part of the territory of the
partner State according to international law is not a unilateral coercive measure because it is
part of an international agreement that carries with it a territorial definition known to cosignatories.3 However, the use of international financial institutions by one or several
member States through their weighted voting rights as a conduit for their national policies
on unilateral coercive measures should be part of the remit of the present mandate.4 Finally,
coercive measures from regional groupings of countries or from one of their Member States
targeting third countries are considered as unilateral in the sense that they are imposed
pursuant to rules at no time endorsed by the targeted country.
16.
Unilateral coercive measures can be comprehensive or targeted. The latter are also
referred to as “smart” measures.5 They owe this epithet to the claim that they minimize
collateral damage in terms in particular of avoiding to jeopardize the enjoyment of human
rights by the poorest and most vulnerable groups in the society of the targeted country. The
former are measures aimed at the whole economy or financial system of a country. They
tend to be indiscriminate and therefore to have adverse human rights impacts on the poorest
and most vulnerable segments of the society of the targeted country. Their effectiveness is
gauged in the light of their capacity to impose broad-based policy changes or to create
sufficient economic distress in the targeted country to incite the people to rise against their
political leadership. “Smart” coercive measures, for their part, may be aimed at certain
sectors of the economic activity of a country or be broader but specific to a circumscribed
expanse of territory. Their impact may be to destabilize a particular branch of production or
a particular geographic area. The right to work and to a decent standard of living of people
deriving their income from the sector or the region may be compromised. However, the
adverse impact on human rights in both cases is likely, in theory, to be more limited than in
the case of comprehensive coercive measures targeting a whole country. 6 In practice, it may
3
4
5
6
Alex Barker and John Reed “European Union close to labelling Palestinian products”, Financial
Times, 20 July 2015.
See, for instance, the Zimbabwe Democracy and Economic Recovery Act (Public Law 107-99Dec.21, 2001) of the United States of America, which provides that the Secretary of the Treasury
shall instruct the United States Executive Director to each international financial institution to oppose
and vote against: (a) any extension by the respective institution of any loan, credit or guarantee to the
Government of Zimbabwe; or (b) any cancellation or reduction of indebtedness owed by the
Government of Zimbabwe to the United States or any international financial institution.
Thomas J. Biersteker, “Scholarly Participation in Transnational Policy Networks: The Case of
Targeted Sanctions” in Mariano E. Bertucci and Abraham F. Lowenthal (eds.) Narrowing the Gap:
Scholars, Policy-Makers and International Affairs (Balitmore and London, Johns Hopkins University
Press, 2012).
See General Assembly resolution 41/128.
5
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