A/HRC/36/44
particular relevance in international environmental law33 and may be deemed relevant to the
field of protection of human rights. 34
37.
Further, such arguments in favour of extraterritorial obligations under human rights
treaties are fully consistent with the actual practice of the Committee on Economic, Social
and Cultural Rights. In its general comment No. 8 (1997), on the relationship between
economic sanctions and respect for economic, social and cultural rights, the Committee set
out certain obligations borne by parties responsible for the imposition, maintenance or
implementation of the sanctions, whether it be the international community, an international
or regional organization, or a State or group of States. Among these obligations flowing
from the recognition of economic, social and cultural human rights, the Committee
identified the obligation to respond to any disproportionate suffering experienced by
vulnerable groups within the targeted country.
38.
In the same general comment, the Committee expressed the view that, when an
external party took upon itself even partial responsibility for the situation within a country,
it also unavoidably assumed a responsibility to do all within its power to protect the
economic, social and cultural rights of the affected population. The Special Rapporteur
believes that there lies the crux of the matter: notwithstanding the responsibility of the
targeted State to do its utmost to protect its own population, a State imposing sanctions,
insofar as it practically assumes even partial responsibility for the situation within the
targeted country, is also ipso facto under an obligation to protect the economic, social and
cultural rights of the affected population.
39.
Other findings of the Committee point in the same direction. In its general comment
No. 14 (2000) on the right to the highest attainable standard of health, the Committee
emphasized that States parties should refrain at all times from imposing embargoes or
similar measures restricting the supply of another State with adequate medicines and
medical equipment. This clear position by the Committee, it has been noted, may be
interpreted as an implicit recognition of extraterritorial human rights obligations in the area
of economic, social and cultural rights. 35
40.
It should be added that, as a matter of principle, there is no apparent reason to
exclude the applicability of the general principles of State responsibility (and/or the
responsibility of international organizations, as the case may be) in cases of damage caused
to a third country by the application of sanctions imposed by source States (or international
organizations). The basic principle enunciated in article 1 of the articles on responsibility of
States for internationally wrongful acts (comprising text adopted by the International Law
Commission in 2001), according to which every internationally wrongful act of a State
entails the international responsibility of that State, should be deemed to apply equally to
wrongful acts of a State entailing damages to human rights of persons or populations of
other countries. In relation to the international responsibility of a State for unlawful acts, it
has even been observed that a State is under a duty to control the activities of private
persons within its State territory, and that the duty is no less applicable where the harm is
caused to persons or other legal interests within the territory of another State. 36 Arguably,
the same duty shall apply a fortiori to unilateral sanctions that are directly attributable to the
33
34
35
36
As noted by the Committee on Economic, Social and Cultural Rights in its general comment No. 24
(2017) on State obligations under the International Covenant on Economic, Social and Cultural Rights
in the context of business activities.
See N. Vennemann, “Application of international human rights conventions to transboundary State
acts”, in R. M. Bratspies and R.A. Miller, eds., Transboundary Harm in International Law, Lessons
from the Trail Smelter Arbitration (Cambridge, Cambridge University Press, 2006), pp. 295-307; De
Schutter and others, “Commentary to the Maastricht Principles on Extraterritorial Obligations of
States in the Area of Economic, Social and Cultural Rights”, Human Rights Quarterly, vol. 34 (2012),
p. 1084; L. Bartels, “The EU’s human rights obligations in relation to policies with extraterritorial
effects”, European Journal of International Law, vol. 25 (2014), pp. 1081-1083.
F. Coomans, “The extraterritorial scope of the International Covenant on Economic, Social and
Cultural Rights”, p. 12.
I. Brownlie, System of the Law of Nations. State Responsibility (Oxford, Clarendon Press, 1983), p.
165.
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