A/HRC/28/59
maintenance. It seems to be immaterial whether it was spent on salaries or for lethal gas.” 4
To hold them criminally liable, the Military Tribunal found it sufficient to prove that two of
the defendants, Flick and Steinbrinck, regularly provided substantial funds to a State
organization responsible for the mass extermination of Jews, brutalities and killings in
concentration camps, and other crimes under international law. The Nuremberg Trials were
not held under the auspices of the United Nations and the crimes against humanity
adjudicated in Nuremberg were of an unprecedented nature, but the ruling was nevertheless
a landmark judgement, emphasizing that individuals may incur liability under international
criminal law for financially contributing to a State organization responsible for mass
extermination, war crimes and other gross violations of human rights.
10.
At the United Nations, the question of whether States, international financial
institutions or private finance should refrain from lending to States involved in gross human
rights violations has mainly been discussed in the context of sanctions. Several sets of
economic sanctions, or lending bans, have been called for by the General Assembly or
imposed by the Security Council, with the aim of curtailing or minimizing gross human
rights violations. In the 1960s, the General Assembly requested the World Bank and other
international institutions to refrain from lending to South Africa and Portugal because of
their poor human rights records. While the request was initially fruitless, the World Bank
did stop approving further loans to the apartheid regime after 1966;5 the International
Monetary Fund (IMF), however, continued lending to South Africa until 1983. Human
rights concerns were at the core of the first comprehensive sanctions regime of the United
Nations, imposed on the white minority regime in Southern Rhodesia by the Security
Council in resolution 253 (1968), which included a prohibition on making investment funds
or any other financial or economic resources available to the illegal regime.
11.
In 1977, Antonio Cassese was appointed as Special Rapporteur by the United
Nations Sub-Commission on Prevention of Discrimination and Protection of Minorities
with the specific mandate of assessing the link between the financial aid then being
allocated to the Pinochet military regime and the human rights violations suffered by the
Chilean population. His report analysed the political, institutional, economic, budgetary,
fiscal and financial conditions then prevailing in Chile and considered how financial aid
contributed in this context to the commission of the crimes of the regime, and several
countries decided to not lend to the Pinochet regime because of its human rights record (see
E/CN.4/Sub.2/412, vols. I–IV).
12.
The pros and cons of more comprehensive economic sanctions against the apartheid
regime in South Africa were feverishly debated for more than two decades. While
mandatory sanctions imposed on the regime by the Security Council in resolutions 181
(1963) and 418 (1977) were limited to an arms embargo and to a prohibition of military and
nuclear cooperation, the General Assembly repeatedly urged the Security Council to
consider comprehensive mandatory sanctions against the racist regime in South Africa,
condemned transnational corporations and financial institutions that continued to
collaborate with South Africa and repeatedly called upon the IMF “to terminate credit and
other assistance to the racist regime of South Africa”. 6 In 1987, in resolution 42/23B, the
General Assembly urged all States to induce transnational corporations, banks and financial
4
5
6
United States v. Flick, Trials of War Criminals before the Nuremberg Military Tribunals under
Control Council Law No. 10, vol. VI (Washington, D.C., United States Government Printing Office,
1952).
See Samuel A. Bleicher, “UN v. IBRD: a dilemma of functionalism” International Organization, vol.
4, No.1 (winter 1970) and E/CN.4/Sub.2/1987/8/Rev.1, para. 54.
See, for example, General Assembly resolutions 40/64A and 41/35B.
5
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents