A/HRC/39/54
channels to cases of broad life-threatening situations, as provided for in article 10 of the
code of conduct. Whenever the Special Rapporteur has had a possibility to engage
constructively with a source or a target country or both, he has opted for quiet diplomacy
and for promoting consensus, as was the case for the lifting of sanctions on the Sudan. In
that instance, joint engagement with the parties through quiet diplomacy by the Independent
Expert on the Sudan and the Special Rapporteur achieved the desired objective. The
Sudanese authorities have in effect acknowledged the role of the two special procedure
mandate holders in the successful outcome of the process that led to the lifting of sanctions
from the Sudan. That approach has had the effect of improving the living conditions of the
most vulnerable groups in the Sudan.
49.
The Special Rapporteur believes that this is the most productive way to engage with
his mandate and will continue to pursue the approach of building bridges rather than
fuelling tension between sources and targets of sanctions, to the best of his ability. That
approach is being pursued without letting up on the effort to promote awareness of the
undercurrent of a tremendous expansion of unilateral sanctions through setting up and
keeping a United Nations register of such sanctions. The attention of the mandate will also
remain focused on initiatives to introduce, reassert and expand on potential legal
instruments, tools or guidelines that can protect innocent victims from the adverse human
rights impact of sanctions. The preferred option for that purpose is to adhere to the channels
of the institutional framework of the United Nations rather than consider the mission of the
mandate accomplished by the issuance of a press communiqué.
A special representative on unilateral coercive measures
50.
The Secretary-General of the United Nations should consider appointing one or
more special representatives on unilateral coercive measures, each in charge of a specific
country sanctions regime, as appropriate. That would be a very strong signal of the
engagement of the United Nations system with the ongoing efforts to limit and ultimately
abolish the use of unilateral coercive measures, as the only legitimate use of sanctions
arises from measures applied by the Security Council through Chapter VII of the Charter of
the United Nations. The mandate of a special representative on unilateral sanctions could
encompass advocacy for the respect of international law in matters related to unilateral
coercive measures, the negotiation of relief measures, alleviation of the most indiscriminate
measures and ultimately promotion of a consensus on a case-by-case basis for the removal
of unilateral sanctions. The Special Rapporteur is of the view that those issues extend
beyond his mandate, which is focused on the protection of human rights affected by
sanctions. The Special Rapporteur could interact with the special representative(s) on
sanctions, as appropriate.
VI. Conclusions and recommendations
51.
The objective of the mandate is to promote the rule of law to the international
community, with a view to eliminating economic coercion as a tool of international
diplomacy. To that end, the Special Rapporteur notes with appreciation the efforts
made by the Islamic Republic of Iran and Qatar to challenge the legality of the use of
unilateral coercive measures through international adjudication. The Special
Rapporteur reiterates his suggestion to Member States to request the renewal of the
work of the International Law Commission on “extraterritorial jurisdiction” that was
initiated in 2006 (see A/61/10, annex E, and A/72/370, para. 58). The Commission
could be called upon to elaborate, inter alia, on the legal status and consequences of
sanctions involving the unlawful assertion of jurisdiction by a source State or group of
States over target States and a fortiori on third States. It is recalled in that respect
that, under article 17 of its statute, the Commission shall consider proposals and draft
multilateral conventions submitted by Member States, the principal organs of the
United Nations other than the General Assembly, specialized agencies or official
bodies established by intergovernmental agreement to encourage the progressive
development of international law and its codification, and transmitted to it for that
purpose by the Secretary-General.
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