Call for submissions: UCM-Study on the notion, characteristics, legal status and targets of unilateral sanctions
Issued by
Special Rapporteur on unilateral coercive measures
Published
08 July 2021
Issued by
Special Rapporteur on unilateral coercive measures
Published
08 July 2021
Issued by Special Procedures
Subject
Unilateral coercive measures
Symbol Number
A/HRC/48/59
Summary
In the report, the Special Rapporteur on the negative impact of unilateral coercive measures on the enjoyment of human rights provides an overview and assessment of the notion, characteristics and legal status of unilateral sanctions.
Pursuant to Human Rights Council resolutions 27/21 and 45/5 and General Assembly resolution 74/154, the Special Rapporteur on the negative impact of unilateral coercive measures on the enjoyment of human rights is requested in fulfilling her mandate, inter alia, to gather all information relevant to the negative impact of unilateral coercive measures on the enjoyment of human rights; to study relevant trends, developments and challenges; and to make guidelines and recommendations on ways and means to prevent, minimize and redress their adverse impact on human rights; as well as to draw the attention of the Human Rights Council, General Assembly and the High Commissioner to relevant situations and cases.
The Special Rapporteur underscores the accelerating expansion of new and different forms, types and terms used to identify unilateral means of pressure (unilateral coercive measures, sanctions, unilateral sanctions, bilateral sanctions, international sanctions, autonomous sanctions, sectoral or territorial sanctions, etc.), and the need to identify the actors involved (targeting and targeted States, source States, etc.). The current uncertainty and ambiguity in the terminology makes it impossible to identify a legal framework and the applicable standards, which undermines the rule of law, the world order and the authority of the United Nations.
The Special Rapporteur expresses her concern about the lack of analysis and systemization of existing terminology pertinent to the mandate and plans to assess the legality of various forms of sanctions imposed by States and international organizations without or beyond the authorization of the Security Council, inter alia, as concerns general international law, international economic law, human rights law, refugee law and international humanitarian law.
Another trend relates to the expansion of categories and number of targets (direct or indirect, primary or secondary, intended or unintended, specific or non-selective), which are usually not identified or are ignored. Additional concerns relate to the legal grounds, the particularities and the legality of sanctions imposed on individuals and non-State entities, especially due to the proliferation of Magnitsky-like acts.
The extraterritorial effects of unilateral sanctions raise special concerns for the Special Rapporteur due to the increasing number of reported cases of human rights violations. This includes the broad scope of aspects, starting from the general notion of extraterritoriality as regards unilateral action; the legal qualification of extraterritorial activity; the impact of extraterritorial application on third States, their nationals and legal entities; and various aspects of over-compliance. It has started to be reported that sometimes the fear of sanctions affects human rights no less than sanctions as such.
These circumstances have led the Special Rapporteur to undertake a study on the “Notion, characteristics, legal status and targets of unilateral sanctions”. In accordance with the established practice of thematic mandate-holders, the Special Rapporteur, Ms. Alena Douhan, welcomes inputs by States, UN agencies, regional and international organizations, national human rights institutions, civil society, scholars and research institutions, and others who may wish to submit for this purpose guided by the questionnaire below. Such submissions may include, for instance, recommendations, evidence and case studies. While the questions are oriented toward States, their content may be equally addressed by others submitting input.
View the questionnaire: English
States
NGOs
Academia
Other