Civilians caught in sanctions crossfire need Geneva Convention protection, says UN expert
GENEVA (8 November 2018) – Sanctions that extend beyond national borders, and which seek to block a country’s trade
altogether, amount to economic warfare against civilians, an independent expert appointed by the Human Rights Council
says.
“These civilians deserve the same protections provided by the Geneva Conventions to people in war,” said Idriss Jazairy,
the Special Rapporteur on the effect of sanctions on human rights.
“There is a need for differences between States to be resolved through peaceful means as advocated by the UN Charter,
while avoiding exposing innocent civilians to collective punishment. Causing hunger and disease through economic
instruments should not be accepted in the 21st century.”
Referring to Iran, Jazairy said while US sanctions included humanitarian exemptions, there were reports that aid is on
hold as banks, insurance and logistics companies await clarification. It has even been said that the source country of
sanctions will block the SWIFT technical mechanism of international interbank financial transfer which may make such
exemptions inoperative.
“There can be no justification for not including blanket protections for the importation of food, medicine, and other
necessities of life without first requiring lengthy and complex approval processes,” the expert said. The International
Court of Justice had recently made two preliminary rulings that reiterate the obligation of States to ensure effective
humanitarian exemptions while sanctions are in force.
“I am deeply concerned that it is the poor who are bearing the brunt of these actions,” Jazairy said, adding that the
rial currency had lost more than 70 percent of its value in the past year, and food prices had risen by half. “More
people are losing their jobs as the economy suffers,” he said.
“While the right of States to disagree with each other should be respected, harming the human rights of ordinary
civilians should not be resorted to as a means of political pressure on a targeted Government,” he said. “This is
illegal under international human rights law.”
When an economic blockade is imposed, adequate food, medicines, public health and other humanitarian needs must be
ensured, he said. “The Fourth Geneva Convention provides such protections during times of war,” Jazairy said. “Under
economic sanctions, people also die but from lack of food and medicine, rather than from explosive devices. This form of
warfare that relies on starvation and disease deserves the same concern from the international community as any other
conflict.”
States should adopt a declaration which ends such practices, and protects civilians during economic blockades.
“I am ready to serve as facilitator to assist the United States and Iran in finding concrete ways to ensure that
urgently needed humanitarian exemptions whose observance is unchallenged by the source country, are made effective and
workable,” Jazairy said.
ENDS