A/HRC/36/44
need to monitor human rights violations associated with unilateral coercive measures and to
promote accountability. In the same resolution, the Council recognized the importance of
the quantitative and qualitative documentation of any such negative impact in the context of
ensuring the accountability of those responsible for human rights violations resulting from
the application of unilateral coercive measures against any State. The Special Rapporteur
believes that the establishment of a consolidated register of unilateral coercive measures
will be required to ensure the availability of such documentation. The register must be
supplied with the necessary information and must function effectively in order to evaluate
accurately the negative impact of unilateral sanctions and hence to ensure accountability
and redress for victims. As the Special Rapporteur has already pointed out (see A/71/287,
para. 39), measures aiming to ensure transparency in sanctions regimes that are already in
force are a prerequisite for the implementation of the right to a remedy for adverse
consequences for human rights of unilateral coercive measures. The Special Rapporteur
welcomes the support for his proposal for a central register expressed by some participants
at the thirty-third session of the Human Rights Council.1
18.
The Special Rapporteur also wishes to reiterate his call to the Human Rights Council
and the General Assembly to restate in a declaration the right of victims to an effective
remedy, including appropriate and effective financial compensation, in all situations where
their human rights are adversely impacted by unilateral measures. While such a right is
arguably acknowledged in theory and principle as a necessary component of human rights,
it has not, to date, been recognized or affirmed in a specific manner, and it is frequently
ignored or set aside in practice. Unlike victims of armed conflict, for whom the right to a
remedy and the conditions of its realization have been affirmed and widely recognized at
the international level,2 victims of unilateral sanctions all too often remain in legal limbo.
19.
The Special Rapporteur worked further on his proposals for a draft declaration and a
register of unilateral sanctions, and held a meeting of a high-level expert working group on
3 June 2017 to review, assess and refine the two proposals and agree on the language to be
put before the Human Rights Council. The outcome document of the meeting is annexed to
the present report.
IV. Extraterritoriality and international sanctions
20.
The issue of extraterritoriality in relation to international sanctions raises two
separate, albeit interrelated questions: whether the extraterritorial reach of sanctions is to be
deemed admissible (or lawful) under international law, including international human rights
law, and whether States (or international organizations) are subject to extraterritorial
obligations under human rights instruments in relation to the application and effects of
sanctions.
A.
Extraterritorial sanctions under international law
1.
General international law
21.
For over two decades, the Government of the United States of America has
commonly applied the country’s domestic sanctions law to foreign persons and
institutions. 3 For example, it has sanctioned foreign financial institutions for having
engaged in financial transactions initiated outside the United States that do not comply with
1
2
3
See, for instance, the comments by Tehmina Janjua, Permanent Representative of Pakistan, on behalf
of the Organization of Islamic Cooperation (13 September 2016).
See, for instance, Basic Principles and Guidelines on the Right to a Remedy and Reparation for
Victims of Gross Violations of International Human Rights Law and Serious Violations of
International Humanitarian Law.
M. Rathbone, P. Jeydel and A. Lentz, “Sanctions, sanctions everywhere: forging a path through
complex transnational sanctions laws”, Georgetown Journal of International Law, vol. 44 (2012-13),
pp. 1055-1126.
5
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