A/HRC/28/74
F.
Minimizing politicization
58.
The issue of the imposition of unilateral coercive measures is directly tied to global
politics and the challenge that is posed to the multilateral ideal by the actions of many
States.57 For the mechanism eventually selected to perform the task to gain the most popular
legitimacy and effectiveness, preference should be given to one that has the potential to
minimize the politicization of the issue. With a few exceptions, both treaty-based and
Charter-based bodies are designed to be as non-political as possible and therefore do not
enjoy any specific advantage in this respect.
VII. Concluding remarks and recommended actions
59.
The fact that unilateral coercive measures are likely to have a negative impact
on the enjoyment of human rights by the civilian population of targeted and, in some
cases, non-targeted States does not seem to be a matter of controversy. However,
assessing the impact of unilateral coercive measures on the human rights of the
civilian population, and more particularly, on vulnerable groups, such as women and
children, would require on-site visits to the States affected by such measures to verify,
in an independent manner, the actual effects of such measures on the different
segments of the population.
60.
One obvious conclusion of the discussions above is that this function should
squarely rest on one of the relevant human rights mechanisms, namely, either a
treaty-based or a Charter-based mechanism. The challenge faced by treaty-based
bodies in discharging this function is the narrow territorial and jurisdictional manner
in which the obligations of States are framed in the relevant treaties. For this reason,
Charter-based bodies, which tend to have a more flexible mandate, are to be preferred
for the task.
61.
Almost all of the factors considered for selecting the most appropriate
mechanism for the assessment of the adverse effect of unilateral coercive measures on
the enjoyment of human rights seem to lead to the conclusion that a special procedure
should be established to undertake the task. The need for the selected mechanism to
have as much direct access as possible to robust and independent evidence, to align
with the United Nations administrative and financial efficiency goals, and to have a
great degree of flexibility to select and deploy the most appropriate technical expertise
in the area would indeed tend to point to the creation of a special procedures mandate
by the Human Rights Council.
62.
Almost all of the stakeholders who responded to the questionnaire were also of
the view that the most appropriate mechanism for assessing the negative impact of
unilateral coercive measures on the enjoyment of human rights should be a special
procedure mandate, although some stated that the establishment of a world court on
human rights might be more appropriate. The European Union did not consider the
Human Rights Council to be the appropriate forum for addressing the issue.
63.
With regard to the promotion of accountability for the negative impact of
unilateral coercive measures on the enjoyment of human rights, the most appropriate
57
See Christine Chinkin, “The State that acts alone: bully, good Samaritan or iconoclast?”, European
Journal of International Law, vol. 11, No. 1 (2000), p. 31; and Alberto R. Coll, “Harming human
rights in the name of promoting them: the case of the Cuban embargo”, UCLA Journal of
International Law and Foreign Affairs, vol. 12, No. 2 (2007), p. 199.
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