Resources and means necessary to promote accountability and reparations in the case of unilateral coercive measures Dr. hab., Dr., Professor A.F. Douhan (Minsk, 25.09.2017)

problem UCM impact is similar to those of other threats to the international peace and security: negative destabilizing effect; negative effects on the progress of the peaceful social and economic development of all peoples (e.g.); States are called to “to stop adopting, maintaining or implementing unilateral coercive measures not in accordance with international law” (A/HRC/RES/30/2 of 12.10.2015, para. 1; A/HRC/RES/34/13, March 2017, para 1); UN SR has proposed a number of mechanisms incl. a register, UN compensation commission etc. Discussion has started (panel at the UN HRC on September 14, 2017) BUT not discussion happened

Humanitarian consequences, Iraq (Global policy forum, 2000) around 800,000 Iraqi children have been "chronically malnourished“: 21% of children under five underweight, 20% stunted (chronic malnutrition) and 9% wasted (acute malnutrition). Food basket became very poor (lack of vegetables, fruit and animal products); Bad water quality and sanitation resulted in diarrhoea that increased child mortality (up to 70 per cent in 2001; Electricity shortages seriously disrupt hospital care and disrupt the storage of certain types of medicines. Shortages of medical equipment and spare parts, blockages of certain important medicines, shortage of skilled medical staff, and more. 500,000 children under five years old had died in "excess" numbers in Iraq between 1991 and 1998”

Targeted sanctions impact : affected rights Bans on admission: freedom of movement (ECHR, art. 2; ICCPR, art. 12), the right to privacy and family life (ICCPR, art. 17; ECHR, art. 8), and the right to life, when access to medical help is urgent (ICCPR, art. 6; ECHR, art. 2). Financial sanctions: rights to privacy, family life and property (ECHR, art. 8; Protocol 4, art. 1). An arms embargo – property rights. Sanctions against journalists concerning anything said or written by them – the right to hold opinions and freedom of expression (ECHR, art. 10; ICCPR, art. 19). The introduction of targeted sanctions in general : the right to a fair trial, to a fair hearing, to effective remedy, to protection by law, procedural guarantees (ECHR, art. 6, 13, 14; ICCPR, art. 14(2), 26), the right to be informed promptly on the nature and cause of the accusation, to defend oneself (ECHR, art. 6(3)) to protection of reputation (Zollman v. Great Britain; ICCPR, art. 17).

Immediate responses (state targeting measures) to stop adopting, maintaining or implementing unilateral coercive measures not in accordance with international law (34/13, para.1); UN SC mechanisms incl. UN Declaration on fact-finding, A/RES/46/59; HR Special procedures and HR Council mechanisms; UN compensation commission (UNSR proposal)  ?

Immediate responses (targeting UCM) Domestic courts of targeting states/ ECJ / habitual residence Focal point UN SC res 1730(2006) (17 individuals and 17 organizations de-listed)  ?; Ombudsperson UN SC res 1904(2009) (47 individuals and 26 organizations de-listed)  ?; UN HRC; ECJ; ECHR;

Long-term responses Register (UN SR proposal) ? Develop definition of the UCM and criteria upon which activity can be viewed as a UCM; Refrain from imposing unilateral coercive measures, also urges the removal of such measures (34/13, para. 2); Mechanisms of dispute settlement under art.33 of the UN Charter, incl. those established in specific treaties; WTO dispute settlement body; UN HR procedures;

Unilateral coercive measures measures applied by states, groups of states or regional organizations without or beyond authorization of the UN Security Council to states, individuals or entities in order to change a policy or behavior of a directly or indirectly targeted states, if these measures cannot undoubtedly be qualified as not violating any international obligation of the applying state or organization, or its wrongfulness is not excluded under general international law

thank you for your attention