A/HRC/31/82
Commission on States’ responsibility made reference to “other actions”; consequently, any
attempt to apply coercive sanctions or measures unilaterally was not legitimate under
international law. Practitioners and academics should pay more attention to assessing the
legitimacy of unilateral coercive measures. Once agreement was reached regarding their
legitimacy and legality, the global community would be able to move forward to discuss in
the Security Council the measures that could be adopted to address specific situations.
41.
The Special Rapporteur stated that a large number of United Nations resolutions and
documents did not favour unilateral coercive measures, and pointed out their negative
impact on human rights. Although efforts made by some source States to scale back
unilateral coercive measures were welcome, a number of States continued to maintain
unilateral coercive measures as an important element of their foreign policy. It was
regrettable that little had been said about the 2005 World Summit Outcome,3 in which
Heads of State and Government called for fair and clear procedures for listing individuals
of concern on sanctions lists. This was a huge issue, and some progress had been made. The
Special Rapporteur hoped to see similar progress in the listing of States using or being
subjected to unilateral coercive measures, given that mass of data on this issue was
unfortunately not transparent.
42.
The Special Rapporteur made a plea to rethink the concept of “humanitarian
access”; this was exemplified by the case of the Islamic Republic of Iran, where although
medicines were excluded from the sanctions, more than 85,000 additional people per year
suffering from cancer were unable to obtain the proper medicines. Concerning the
relationship between the right to self-determination and unilateral coercive measures, the
right was deemed to have been violated where people were deprived of their own means of
subsistence. He clarified that, as a special procedure mandate holder, he could not make any
judgement about the causes of current international crises, but focused exclusively on his
mandate, which was the negative impact of unilateral coercive measures on human rights.
43.
Mr. Abdel-Moneim noted with appreciation the comments made and questions
asked by delegates and civil society organizations. International peace and security could be
best maintained when human suffering was eliminated and when human dignity was
safeguarded. Since 2003, the Security Council had imposed a great number of sanctions.
The priority should be to alleviate suffering; once that has been addressed, the discussion
may move on to the design of international sanctions.
44.
It was important to make a distinction between the legality of decisions on the use of
unilateral coercive measures and the legal implications of the effects of the implementation
of those decisions. These are two related but separate things. The fact to be addressed
immediately is the human rights implications of sanctions. Economic measures have an
impact first and foremost on economic, social and cultural rights, including the right to
development, and it is logical that the United Nations treaty bodies concerned deal with this
issue, in addition to the Charter-based bodies.
IV.
Conclusions
45.
In closing the discussion, the moderator offered brief conclusions and a
summary of the recommendations drawn from the panel discussion:
(a)
Looking ahead, an “ABC” (assumptions, building blocks and common
ground) approach might be adopted for unilateral coercive measures;
3
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General Assembly resolution 60/1.
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