Statement by Political Coordinator of Slovenia to the United Nations Klemen Ponikvar at the Arria-formula meeting on the humanitarian impact of unilateral coercive measures, convened by the Russian Federation

Thank you Chair,

I would like to begin my intervention by stating Slovenia’s consistent position: restrictive measures are one of the tools in the toolbox of political, diplomatic, and legal measures, consistent with the UN Charter, that can be taken with the aim to preserve peace, support democracy, respect international law, and the rule of law and protect human rights.

We do not agree with the premise stated in the Concept note, that the unilateral restrictive measures are inherently illegal. Slovenia implements restrictive measures through the EU framework and the EU restrictive measures are in full conformity with obligations under international law, in particular international human rights law, international humanitarian law and international refugee law. They are proportionate, targeted and carefully calibrated. This has been repeatedly confirmed by the EU courts.

We recognize that sanctions regimes may have also some unintended humanitarian consequences for a variety of reasons. However, that is precisely why, throughout the history of UN they have evolved – from comprehensive to targeted, and further by establishing humanitarian exemptions in different regimes with culmination in the resolution 2664, establishing a cross-cutting humanitarian exemption for principled humanitarian action.

After the adoption of the resolution 2664, the EU has transposed the humanitarian exemption to all the implementing documents for UN sanctions and widened it to all autonomous regimes under its jurisdiction. This means that there should be no issues regarding the full implementation of resolution 2664 across UN sanctions regimes and even wider – in autonomous regimes.

While items connected to humanitarian activities have always been excluded from these restrictions, we note that certain items, that can be deemed dual use, may need additional authorizations; however, the procedures for this are clear and prioritized and EU-level contact point was established for providing assistance to humanitarian operators in obtaining them. To facilitate humanitarian action even further, some autonomous sanctions regimes, such as the one related to the Russian aggression on Ukraine, provide that in the absence of a negative decision within 5 working days the authorization is considered to be granted. Let me be clear that Slovenia always supported endeavors to mitigate negative consequences of sanctions to humanitarian activities and civilians.

Chair, colleagues,

In the times when international law is being under immense pressure, too often violated, when decisions of this organization are overlooked and disregarded, Member States are left with a following choice. They can either let massive violations slip without a challenge or resort to restrictive measures – the latter always in compliance with international law. And faced with such a decision, we will always do everything in our power to return to peace and security.

I thank you.

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