A/HRC/19/33
and to property.42 In fact, the targeted effect of such “individualized” sanctions may be
more likely to violate such individual rights than the more diffuse general trade sanctions.
IV. The impact of unilateral coercive measures on human rights
28.
The question of how to assess the harmful effects of unilateral coercive measures, in
particular those of a general nature targeting the economy as a whole, rather than particular
individuals, on human rights is a difficult one as evidenced by the empirical analysis of
economic sanctions undertaken by Hufbauer and Schott. 43
29.
Some guidance may be drawn from the replies by Governments expressing their
views on the implications and negative impacts of unilateral coercive measures on their
populations in response to a note verbale sent out by OHCHR,44 and reflected in annual
reports of the Secretary-General to the General Assembly.
30.
The scope of Human Rights Council resolution 15/24 is confined to the impact of
unilateral coercive measures on human rights. Multilateral measures such as those
authorized by the United Nations under Chapter VII of the Charter or by the European
Union, for example, are ipso facto excluded from the ambit of the present study. A key
analytical challenge comes from the fact that countries are sometimes the target of both
unilateral and multilateral sanctions, making the distinction of impacts difficult to assess. 45
31.
What is clear is that unilateral coercive measures encompass a range of actions,
including trade embargoes, financial restrictions, acquisition of property, freezing of assets,
visa restrictions, and withholding of vital medical supplies and spare parts for various
machineries. The measures in question often extend extraterritorial application of domestic
rules, adversely affecting the interests of third States and their nationals.
32.
Unilateral coercive measures in the form of economic sanctions can have farreaching implications for the human rights of the general population of target States.46 The
42
43
44
45
46
European Court of Justice, 3 September 2008, 47 ILM 923 (2008), paras. 348 and 349, where the
Court held that the applicants‟ rights of defence as well as their right to an effective legal remedy had
in fact been infringed.
Ibid., para. 370. The European Court of Justice held that in the circumstances of the case, the
imposition of the restrictive measures constituted an unjustified restriction of the right to property.
G. Hufbauer and J. Schott, Economic Sanctions Reconsidered: History and Current Policy (Institute
for International Economics, 1985), pp. 32-33.
Annual report of the Secretary-General on human rights and unilateral coercive measures (A/66/272),
para. 2.
An article published by a group of medical researchers found “strong evidence that the Gulf war and
trade sanctions caused a threefold increase in mortality among Iraqi children under five years of age”.
The group estimated that an excess of more than 46,900 children died between January and August
1991. (Alberto Ascherio et. al., “Effect of the Gulf war on infant and child mortality in Iraq”, The New
England Journal of Medicine, vol. 327, No. 13 (1992), pp. 931 and 933-934). See also the background
paper on the human rights impact of the economic sanctions on Iraq, prepared by OHCHR for the
meeting of the Executive Committee on Humanitarian Affairs, 5 September 2000, para. 6.
The economic measures applied by the United States of America against Cuba have spanned over half
a century (A/66/272, p. 7). Cuba maintains that these measures have devastating effects on all Cuban
citizens irrespective of their age, race, sex, religion or social standing (ibid., pp. 7-10). See also Marc
Bossuyt, “The adverse consequences of economic sanctions on the enjoyment of human rights”,
working paper prepared for the Commission on Human Rights, Sub-Commission on the Promotion
and Protection of Human Rights (E/CN.4/Sub.2/2000/33). The paper concluded that the United States
embargo on Cuba affects human rights in two distinct ways. First, “the fact that the United States is
the major regional economic power and the main source of new medicines and technologies means
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