A/HRC/30/45
61.
The debate as to whether autonomous policies of retorsion/retaliation or of
countermeasures by States or groups of States warrant unilateral coercive measures
in such circumstances and whether or not they comply with international law,
customary law and peremptory norms of behaviour, is essentially a political debate
between source and target countries. The pragmatic way out of the resulting
conundrum has been to focus on the efficiency and effectiveness of such measures and
on their human rights impact. The argument goes that if measures achieve their
objectives rapidly and if these objectives are viewed as desirable by the international
community, they may be considered as legitimate. However, this legitimacy is
undermined if the measures have caused, by design or by default, egregious violations
of basic human rights.
62.
The search for international legitimacy has therefore led to a flurry of
initiatives to focus on universally accepted targets, to be monitored closely and
adjusted as warranted by evolving circumstances. The aims of the measures targeting
countries are to be limited to changing the target country’s behaviour if, and only if, it
is in breach of an international treaty, covenant or agreement or to signal the
international community’s disapproval of the targeted country’s behaviour. The
measures should be time-bound and in view of the modesty of the outcome of
unilateral coercive measures in achieving their goals so far,46 should be combined with
a series of other complementary efforts including incentives and negotiations to
increase chances of success.
63.
But if the human rights impact of unilateral coercive measures on the most
vulnerable groups is egregious and if there is no perceptible progress towards the
achievement of the proclaimed target, the legitimacy of these measures will be called
into question even if a good legal case can be made in support of the action.
64.
Resort to unilateral coercive measures in this case is not conditional on
demonstration of direct injury by the source-State or group of States. Keeping in
mind as a guiding thread the fate of rights holders in target countries who should be
protected both by their authorities and by the source countries, it is suggested that the
focus of investigations be pragmatic, i.e. to get a full picture of the unilateral coercive
measures under implementation, to devise parameters to assess their human rights
impact while distinguishing correlation from causation, to identify best institutional
practice in source countries and devise United Nations guidelines applicable to such
measures to correct and redress their negative impact. This conceptual approach will
have to be confronted with case studies to ensure, at all times, a reality check for
ongoing research in this regard.
46
18
The rate of success of unilateral coercive measures in the pre-globalization era was 34 per cent and
has gone down since then as South-South cooperation mainly with new world economic powerhouses
has reduced the constraints of embargoes coming from advanced industrialized countries. See Heather
Chingono, Medial Hove and Steven James Danda “Sanctions Effectiveness in a Globalized World”,
International Journal of Humanities and Social Studies, Vol.3, No. 21, December 2013. The success
rate of unilateral coercive measures is, however, improved when their impact is compounded not only
by incentives but also by supportive international economic trends. Thus unilateral coercive measures
of 2012 imposing an embargo on Iranian oil exports added to the drop in oil prices in 2015 enhanced
pressure to seal the nuclear deal between the five plus one group and Iran (Islamic Republic of).
These developments with respect to Iran (Islamic Republic of) and those relating to the policy to end
the comprehensive unilateral coercive measures against Cuba may be the harbingers of a new future
trend to seek solutions to international conflicts of interest through negotiation and diplomacy rather
than through economic or military violence.
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