A/HRC/30/45
41.
International humanitarian law makes it possible in wartime to lift export bans and
to provide safe channels to satisfy the basic human rights of the civilian population. 26 The
Geneva Convention also bans collective reprisals. 27
42.
Source countries claim that medical equipment, medicines and other items necessary
to meet basic human rights are exempt from restrictive measures applied in peacetime. Yet
for a series of reasons, 85,000 cancer patients in a country targeted by unilateral coercive
measures cannot find locally the required treatment through no fault of the country
concerned. Rights holders in target countries where the negative impact of such measures is
particularly acute could be considered as in a war zone and benefit from the protection of
humanitarian law, which has the advantage of being neutral while the context of unilateral
coercive measures is very heavily charged politically. Independent procurement agencies of
third countries could be involved in providing humanitarian supplies in peacetime for target
countries whose delivery, even though allowed by source countries, may be hampered
indirectly because of a payments freeze or ban on the use of international
telecommunications payment mechanisms. Likewise, unilateral coercive measures of the
kind that prevents access to life-saving drugs are comparable to collective reprisals and
would therefore be banned under humanitarian law.
C.
Issues of remedies and redress
43.
Finally, on the issue of redress for innocent victims of unilateral coercive measures,
the European Court of Justice has acted on several occasions to annul decisions regarding
such measures taken by the European Union. In very rare cases, it has acted to indemnify
symbolically individual victims. Since close to half of the States Members of the United
Nations have at one time or another been targeted by unilateral coercive measures in the
recent past, the most realistic form of redress would be an apology to innocent victims for
the “collateral damage” to their human rights entitlements which has occurred because of
those measures, together with a commitment to try harder, if not to end the measures, at
least to continue seeking ways to reduce the unintended adverse human rights impact they
have on the civilian population.
44.
In view of the shortcomings of adjudicatory procedures at the national and regional
levels and of the real global challenges posed by unilateral coercive measures at the global
level, the issue of an independent mechanism of the United Nations human rights
machinery may at some stage have to be considered to promote accountability and
reparations.
VII. Projected activities of the Special Rapporteur
A.
Information gathering
45.
In accordance with his mandate, the Special Rapporteur will endeavour to gather
relevant information, including from Governments, non-governmental organizations and
other interested or concerned parties, on the negative impact of unilateral coercive measures
on the enjoyment of human rights.
26
27
See Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection
of Victims of International Armed Conflicts (Protocol I), 8 June 1977, Art. 70.
See Convention (IV) relative to the Protection of Civilian Persons in Time of War, Geneva, 12
August 1949, Art. 33.
13
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