Sanctions in Cyberworld

Background

The mandate of the Special Rapporteur has undertaken research to explore the nexus between unilateral coercive measures and new technologies. And this is because, new technologies and online environments have often been used as means to exert pressure on the targets of unilateral coercive measures by restricting access to information, goods and financial resources. In addition, sanctions-induced commercial and financial restrictions, including barriers to accessing new technologies and advance software, may hamper development, disrupt economic relations and undermine global value chains, with broader socio-economic implications and adverse impact on the lives and human rights of people living both in and outside sanctioned countries or regions.

Unilateral sanctions enforced in cyberspace and/or involving cybermeans have seen an accelerating expansion in recent years, resulting, inter alia, in new interpretations of the notion of unilateral sanctions, assessment of their (il-)legality, as well as questions and considerations about access to justice and remedies to counter such measures. Their enforcement has been further motivated and strengthened by the absence of clear legal frameworks governing conduct and relations in the cyberspace; a reality which opens the door for unilateral actions based on arbitrary interpretations and assessments.

Reports

Unilateral sanctions in the cyberworld: tendencies and challenges (2023)

The report provides an overview and assessment of the development of cybertechnologies and their impact on the use of unilateral sanctions. It also assesses the legality and humanitarian impact of measures taken by States and regional organizations in response to real or alleged malicious activity in cyberspace. It also includes also a chapter focusing in particular on enforcement of unilateral sanctions on trade in and access to software, electronics, telecommunication material, information security programmes, as well as software and new technologies for medical use and purposes.

The report also makes reference to sanctions-related restrictions in accessing online platforms for communication and educational purposes. Students, scholars and academic professionals from countries and regions under sanctions are prevented from gaining access to professional databases and online training and educational material, while well-known online communication platforms block IP addresses from these countries and regions.

The report concludes with several recommendations including the following:

• Unilateral sanctions shall not be used as a substitute for criminal processes regarding cybercrimes
• Countermeasures taken in response to malicious cyberactivity or with the use of cybermeans shall fully correspond to the requirements of the law of international responsibility
• Media platforms, software development companies and businesses providing Internet services do not enjoy judicial competence and shall act in full conformity with international legal standards

Visit the report page to learn more and view a visual summary

Related events and activities

On 3 November 2023, the Special Rapporteur participated in the 2023 UN Social Forum, and intervened in the panel on “The Contribution of Science, Technology and Innovation (STI) in Promoting Equality and Non-Discrimination” (statement and video)

On 3 November 2023, the Special Rapporteur participated as a keynote speaker in a side-event organised by the Iranian Elite Research Center, on “Contribution of Science, Technology and Innovation in Promoting Human Rights”

On 16 October 2020, the Special Rapporteur participated in the workshop "International Law and the Internet", delivering a presentation on the issues concerning "Changing nature of sanctions in the digital age" (edited volume)

On 14 October 2020, the Special Rapporteur was a main speaker and lecturer at the webinar on the protection of human rights by Special Procedures of the UN Human Rights Council in the context of unilateral sanctions organized by the Iranian Center for International Criminal Law. The lecture focused on the history and functions of Special Procedures, its current challenges in the context of application of an array of unilateral sanctions, including sectoral sanctions, targeted sanctions, sanctions against ICC judges and official, and cyber sanctions.