A/HRC/39/54
International Court of Justice to challenge the announced reimposition of sanctions by the
United States.1 The application cites the imposition of sanctions as violating a number of
provisions of the 1955 Treaty of Amity, Economic Relations, and Consular Rights between
the Islamic Republic of Iran and the United States. 2 The Special Rapporteur welcomes the
reliance on the impartiality of international justice to solve legal disputes arising from the
implementation of sanctions.
Qatar
9.
The Special Rapporteur continues to monitor the impact of the restrictive measures
initiated in June 2017 by a group of countries targeting Qatar, which remain in force. As
noted in his most recent report to the General Assembly (A/72/370), the coercive measures
in force raise a number of legal issues. He continues to share the concerns expressed by the
United Nations High Commissioner for Human Rights in June 2017 that the measures
adopted are overly broad in scope and implementation, and agrees that they have the
potential to seriously disrupt the lives of thousands of women, children and men, simply
because they belong to one of the nationalities involved in the dispute (see A/72/370, paras.
16–18).
10.
The Special Rapporteur also notes that the recent step taken by Qatar to initiate
contentious legal proceedings before the International Court of Justice, 3 based on alleged
violations of the International Convention on the Elimination of All Forms of Racial
Discrimination through the imposition of the measures targeting Qatar, should be an
opportunity for the Court, as the principal judicial organ of the United Nations, to clarify in
general terms the legal issues related to the practice of sanctions under international law
(including international human rights law). The response to be given by the Court to the
legal issues raised in the proceedings is likely to have an impact well beyond the single case
of the current measures targeting Qatar. The Special Rapporteur has noted that the Court, in
its Order of 23 July 2018 granting limited provisional measures requested by Qatar, found
that “at least some of the rights asserted by Qatar under Article 5 of CERD are plausible”
and thus that the situation deserved the granting of some provisional measures pending the
final judgment of the Court. Reference was made during the proceedings relating to the
request for provisional measures to the findings of the technical mission despatched by the
Office of the United Nations High Commissioner for Human Rights, that the measures put
in place on Qatar had “a potentially durable effect on the enjoyment of the human rights
and fundamental freedoms of those affected”.4
Syrian Arab Republic
11.
During his visit to the Syrian Arab Republic, the Special Rapporteur was concerned
about the number of reports from national and international civil society organizations that
the impact of multiple, overlapping sanctions regimes, particularly financial ones, have
severely impaired their ability to conduct humanitarian activities within the country.
Furthermore, the economic impact on ordinary Syrian people and on their ability to obtain
certain medicines, particularly for long-term health problems, and spare parts for water
pumps and electrical generators are deeply concerning violations of their right to the
enjoyment of human rights. The Special Rapporteur calls upon all parties to the conflict to
begin serious discussions on how to address the “chilling effect” of sanctions on
humanitarian activities in the Syrian Arab Republic, particularly related to financial
transfers, and to eliminating the impact of sanctions on the human rights of ordinary
Syrians.
1
2
3
4
4
See www.icj-cij.org/files/case-related/175/175-20180717-PRE-01-00-EN.pdf.
See www.state.gov/documents/organization/275251.pdf.
See Application of the International Convention on the Elimination of All Forms of Racial
Discrimination (Qatar v. United Arab Emirates). Qatar submitted its application instituting
proceedings on 11 June 2018. From 27 to 29 June 2018, the Court held hearings on the Request for
the indication of provisional measures submitted by Qatar.
See Qatar v. United Arab Emirates, Order of 23 July 2018 and OHCHR technical mission to the State
of Qatar, “Report on the impact of the Gulf crisis on human rights” (December 2017).
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