A/HRC/19/33
I. Introduction – scope and objective of the study
1.
In its resolution 15/24, the Human Rights Council requested the Office of the United
Nations High Commissioner for Human Rights (OHCHR) to prepare a thematic study on
the impact of unilateral coercive measures on the enjoyment of human rights, including
recommendations on actions aimed at ending such measures, taking into account all
previous reports, resolutions and relevant information available to the United Nations
system in that regard, and to present the study to the Council. The present document
contains a thematic study pursuant to this resolution.
II. The notion of unilateral coercive measures
2.
It is widely acknowledged that the term “unilateral coercive measures” is difficult to
define. Unilateral coercive measures often refer to economic measures taken by one State to
compel a change in policy of another State.1 The most widely used forms of economic
pressure are trade sanctions in the form of embargoes and/or boycotts, and the interruption
of financial and investment flows between sender and target countries. 2 While embargoes
are often understood as trade sanctions aimed at preventing exports to a target country,
boycotts are measures seeking to refuse imports from a target country. 3 However,
frequently the combination of import and export restrictions is also referred to as a trade
embargo.4
3.
More recently, so-called “smart” or “targeted” sanctions, such as asset freezing and
travel bans, have been employed by States in order to influence individuals who are
perceived to be in a position to decide on a political action in a particular State.5
4.
The prevailing definition requires a separate assessment as to whether and to what
extent a specific form of unilateral coercive measures may be unlawful in the light of
various legal standards. At the same time, it follows that unilateral coercive measures,
regardless of their legality under a particular body of international law, may negatively
impact human rights in various ways. Chapters III and IV are thus devoted to the issue of
the legality of unilateral coercive measures and to their impact on the enjoyment of human
rights, respectively.
1
2
3
4
5
See Andreas F. Lowenfeld, International Economic Law (Oxford, Oxford University Press, 2002),
p. 698.
See Margaret P. Doxey, International Sanctions in Contemporary Perspective, 2nd ed. (Basingstoke,
Palgrave Macmillan, 1996).
Cf. Christopher C Joyner, “Boycott”, Max Planck Encyclopedia of Public International Law (Oxford
University Press, 2011). Available from www.mpepil.com.
Cf. Lowenfeld, International Economic Law, p. 733; Omer Y. Elagab, “Coercive economic measures
against developing countries”, International and Comparative Law Quarterly, vol. 41 (1998),
pp. 682-694.
See George A. Lopez and David Cortright, “Financial sanctions: the key to a „smart‟ sanctions strategy”,
Die Friedens-Warte, vol. 72, No. 4 (1997), p. 327; Gary C. Hufbauer and Barbara Oegg, “Targeted
sanctions: a policy alternative?”, Law and Policy in International Business, vol. 32 (2000-2001), pp. 1120; Iain Cameron, “UN targeted sanctions, legal safeguards and the European Convention on Human
Rights”, Nordic Journal of International Law, vol. 72, No. 2 (2003), pp. 159-214.
3
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