Collateral Human Rights Agreements: Contemplation on anctioning violations

and Enhancement of Enforcement of Human Rights Law

Hamed Hashemi Sougheh &Rohaida Nordin

Issue:• Some governments commit mass violations of human

rights. • In cases of widespread and severe violations on human

rights, the Security Council has become unable to make any quick action subject to the Veto right and the conventional sanctions included as embargo, economic and diplomatic sanctions are not much effective

Enforcement of Human Rights Law

International Level

UN

Regional Settlements

Domestic Level

Definition of Sanctions:

• Sanctions are means of law enforcement [Bowden & Farrall].

• Cause: in response to wrongful act(s) [Masaka].

• Goal(s): Change of behavior or imposing difficulty on the law violator(s).

International Sanctions

Non-Military

Economic

Diplomatic

Smart

Military Humanitarian Intervention

Facts on Effectiveness of Sanctions:• Economic international Sanctions only achieved 5% of

their goals[Hufbauer et al. & Pape].• Economic sanctions rarely bring pressure on

governmental elites and usually pose difficulties on innocent civilians.

• Natural resources such as oil and gas are not somehow sanctionable.

• Sanctions against USSR, Cuba and Iraq failed.

• Diplomatic sanctions hinder applicability of economic sanctions and monitoring the emanated results.

• Military sanctions are violations of “right to self-determination” [Caody & Acharaya].

• “Veto” right may void any humanitarian intervention. U.S vetoed the resolution on condemnation of Israel in 1967 for violating the sovereignty of Uganda; Russia and China vetoed all the resolutions that engage in any military action against Syria.

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UN Sanctions Regional Systems Domestic Level

Effectiveness of Enforcement of Human Rights Law

Series 3

Series 2

Series 1

Regional Settlements

European Court on Human Rights

Inter-American Court on Human

Rights

African Court on Human and

Peoples rights

Is there any legal solution to improve the enforcement of human rights specifically in

those States that no regional mechanism covers them?

Legal Facts:• States may bound themselves under international law

by treaties.• In majority of countries, according to the constitution,

ratification of international treaties makes them part of the domestic legal system(s) and accordingly, the international norms are enforced by government(s) at the level of domestic laws.

• Human rights had been the subjects of many international treaties and Statutes.

Collateral Human Rights Agreements (CHRAs): • Definition: To bind specific State under human rights law

in post-conflict era, by a collateral treaty. • Advantages of CHRAs : Address specific regimes, flexible

and may be consistent with the unique geo-political, cultural, religious, and economic position of the contracting parties.

• May convert to domestic legal rules and enjoy the sturdy sanctions of domestic laws.

• Catalyze the process of imposition of sanctions and might have a prophylactic effect on enforcement of human rights.

Law can not be invented; are these new generation of treaties supported by international practice?

Currant Practices

Diplomatic Assurance

Saadi Case &Chahal Case

Security Agreements

US & IraqUS & Afghanistan

Domestic Legislation

Republics of Czech & Kosovo