CYIL vol. 8 (2017)

ZUZANA TRÁVNÍČKOVÁ CYIL 8 ȍ2017Ȏ resolutions from 2014, 2015 and 2017. 26 On the other hand, “violation” relates to UCM only in one context; other uses of “violation” relate to human rights, the connection to UCM is not direct. The HRC is a political organ; table 2 illustrates the power of two stable groups of states representing different opinions on UCM. The predominance of non-Western states results in adopting resolutions against UCM and enables including of “political clauses” into such resolutions. As “political” can be labelled one of the standard provisions in UCM resolutions, recalling the views of the Non-Aligned Movement and condemning UCM decisively. 27 From the point of international law, these politically coloured declarations are without an effect. As well as in the case of GA resolutions, the normative message of HRC resolutions – in relation to the prohibition (or illegality) of UCM – seems to be weak. Table 2 summarizes the circumstances surrounding the adoption of HRC resolutions on UCM. Just the same, for the GA and HRC the topic of UCM is perceived as controversial and relevant resolutions are not adopted unanimously (without voting). A significant and stable group of States votes against regularly. of unilateral coercive measures in the context of ensuring the accountability of those responsible for the human rights violations resulting from the application of unilateral coercive measures against any State,” UN HRC Res 24/14 Human rights and unilateral coercive measures (8 Octobec 2013) UN Doc A/HRC/RES/24/14. 26 Besides occurence mentioned in the previous note , also the following provisions were adopted: HRC is “ highlighting the need to monitor human rights violations associated with unilateral coercive measures and to promote accountability” and in par. 26 HRC “ Urges the High Commissioner, relevant special procedures of the Human Rights Council and the treaty bodies to pay attention, within the framework of their mandates, to the situation of persons whose rights have been violated as the result of unilateral coercive measures ”. UN HRC Res 34/13 Human rights and unilateral coercive measures (27 March 2017) UN Doc A/HRC/RES/34/13. 27 In A/HRC/RES/6/7 the HRC is “r ecalling the Final Document of the Fourteenth Conference of Heads of State or Government of the Non-Aligned Movement, held in September 2006 in Havana, in which they agreed to oppose and condemn these measures or laws and their continued application, persevere with efforts to effectively reverse them and urge other States to do likewise as called for by the General Assembly and other United Nations organs, and to request States applying these measures or laws to revoke them fully and immediately”. The following resolutions refer to the Non-Aligned Movement summits in Sharm El-Sheikh, Egypt, in July 2009, and in Tehran in August 2012. The recent HRC resolution A/HRC/RES/34/13 is “ welcoming the final document and declaration adopted at the seventeenth Summit of Heads of State and Government of the Non-Aligned Movement, held on Margarita Island, in the Bolivarian Republic of Venezuela, on 17 and 18 September 2016, in which the Movement reaffirmed, among other things, its principled position of condemnation of the promulgation and application of unilateral coercive measures against countries of the Movement, which are in violation of the Charter and international law and undermine, among other things, the principles of sovereignty, territorial integrity, political independence, self-determination and non-interference .” UN HRC Res 34/13 Human rights and unilateral coercive measures (27 March 2017) UN Doc A/HRC/RES/34/13. 28 The representative of Germany subsequently stated that the delegation’s vote had not been registered for technical reasons, and that Germany had intended to vote against the draft resolution. Table 2. Voting on HRC resolutions on Human Rights and UCM 28 Resolution Date of adoption Votes for Votes against Abstentions A/HRC/RES/6/7 A/HRC/RES/9/4 A/HRC/RES/12/22 28. 9. 2007 17. 9 2008 2. 10. 2009 34 33 32 11 11 14 2 2 0

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