A/HRC/19/33
addition, the obligation to permit the free passage of all consignments of essential
foodstuffs as well as medical supplies12 and the prohibition of collective punishment
already contained in the 1907 Regulations concerning the Laws and Customs of War on
Land13 are crucial for the evaluation of economic coercive measures.
11.
In considering the negative impacts of sanctions, the Committee on Economic,
Social and Cultural Rights concluded that human rights must be taken fully into account
when designing an appropriate sanctions regime, that effective monitoring should be
undertaken throughout the period that sanctions are in force, and that the external entity
imposing the sanctions has an obligation to take steps, individually and through
international assistance and cooperation, especially economic and technical in order to
respond to any disproportionate suffering experienced by vulnerable groups within the
targeted country.14
2.
Customary international law and general principles
12.
In addition to treaty law obligations, the imposition of unilateral coercive measures
may infringe rules of general international law comprising both customary international law
and general principles of law.
(a)
Trade relations among States as sovereign decisions
13.
The starting point for any analysis of the interruption of trade relations between
States, as the most widely used form of unilateral coercive measures in practice, is the
question whether and, if so, to what extent States may be obligated to conduct and to
continue trade relations with each other.
14.
As confirmed by the International Court of Justice, the prevailing view appears to be
that, in the absence of explicit treaty obligations, States are still considered to be free as to
whether to maintain trade relations or not. 15 Thus, their politically or otherwise motivated
sovereign decisions to stop such relations as such cannot be considered unlawful. 16
(b)
Non-intervention
15.
While economic coercive measures are not likely to fall under the notion of the use
of force, non-intervention appears to be a more appropriate test for assessing their
lawfulness. The principle of non-intervention focuses on the intensity of the interference
and the purposes pursued by the action. In particular, many countries in Latin America
appear to adhere to a broad notion of unlawful intervention.17 Within the United Nations
more broadly, a growing movement can be ascertained in which numerous Member States
have expressed their view that unilateral coercive measures of an economic character may
constitute unlawful interferences.
12
13
14
15
16
17
Geneva Convention relative to the Protection of Civilian Persons in Time of War (Fourth
Convention), art. 23, first paragraph.
Convention on land warfare, annex, art. 50.
General comment No. 8, paras. 12-14.
International Court of Justice, Military and Paramilitary Activities in and against Nicaragua
(Nicaragua v. United States of America), Merits, Judgment of 27 June 1986, ICJ Reports 1986, p. 14,
para. 276.
Christoph Ohler, “Unilateral Trade Measures”, Max Planck Encyclopedia of Public International Law
(Oxford University Press, 2011), para. 14. Available from www.mpepil.com.
Cf. Convention on Rights and Duties of States, art. 8; Charter of the Organization of American States,
art. 19.
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