[Salon] Russia & Iran's Counter Illegal Sanctions Agreement

https://karlof1.substack.com/p/russia-and-irans-counter-illegal?utm_source=post-email-title&publication_id=1779344&post_id=139469217&utm_campaign=email-post-title&isFreemail=true&r=210kv&utm_medium=email

Russia & Iran's Counter Illegal Sanctions Agreement

Karl Sanchez December 5, 2023

Months ago, I looked at the issue of illegal sanctions and how to avoid them and put forward Nancy Reagan’s Dicta—”Just Say No”—nations just needed to say such thigs are illegal and that obeying them is also illegal. Of course, that’s easy to say but harder to do since the lawbreaking nation has control of the international financial system which like a Mafia Don it can use to enforce/coerce nations into obeying illegalities. Such illegal actions have taken place for many decades, so it’s surprising no formal document detailing those illegalities and ways to avoid them hadn’t been produced. That changed today with the following document written and agreed to by Russia and Iran. Since both are BRICS+ and SCO members, I expect the document to be joined and ratified by their members and other nations. This is part of the push to arrive at a just international system stronger than the UN but based on its tenets. Previously cowed nations now have a strong legal document they can point to and say NO! we won’t follow your illegal orders.

Declaration of the Russian Federation and the Islamic Republic of Iran ways and means of countering, mitigating and compensating for the negative effects of unilateral coercive measures:

The Russian Federation and the Islamic Republic of Iran,

Reaffirming its commitment to the purposes and principles of the Charter of the United Nations,

Recalling General Assembly resolution 2625 (XXV) of 24 October 1970, containing the Declaration on Principles of International Law concerning Friendly Relations and Cooperation among States in accordance with the Charter of the United Nations,

Reaffirming General Assembly resolution 3281 (XXV) of 12 December 1974, containing the Charter of Economic Rights and Duties of States, according to which no State may apply or encourage the use of economic, political or any other measures of a coercive nature aimed at impairing or benefiting from its sovereign rights,

Considering that "unilateral coercive measures" means coercive measures taken by a State, group or association of States, with the exception of those taken by the Security Council acting under Chapter VII of the Charter of the United Nations, in violation of the principles of the sovereign equality of States and non-interference in the internal affairs of States, including the exertion of any form of pressure, whether political, judicial, financial, or economic, with the aim of forcing another State to change its policies, thereby causing costs and damage to that State and those who support its policies,

Recognizing that unilateral coercive measures are, in certain cases, contrary to Security Council resolutions adopted under Chapter VII of the Charter of the United Nations and violate the prerogatives of the Security Council under the Charter of the United Nations,

Bearing in mind the importance of free trade for the development of States and the well-being of their peoples,

Reaffirming that unilateral coercive measures impede the full enjoyment of human rights and impede the full realization of the rights enshrined in the core international human rights instruments,

Recalling the Declaration of the Russian Federation and the Islamic Republic of Iran on Enhancing the Role of International Law, signed in Moscow on 16 June 2020,

Proclaim the following guiding principles on ways and means to counteract, mitigate and compensate for the negative effects of unilateral coercive measures:

The adoption of unilateral coercive measures by any State was illegal, contrary to the Charter of the United Nations and international law, and would entail international responsibility;

Unilateral coercive measures, including those of an extraterritorial nature, carried out by a third State, group or association of States in violation of the Charter of the United Nations and international law should neither be recognized nor accepted;

States are urged to refrain from promulgating, proliferating and applying unilateral coercive measures that impede the full achievement of economic and social development, particularly in developing countries;

Any decision of a foreign court arising from the application of national laws, decrees and orders providing for the imposition of unilateral measures of constraint against other States should neither be recognized nor enforced by national courts;

Public and private property and assets, including bank accounts, bonds, real estate, as well as consular and diplomatic premises and facilities, shall enjoy immunity and shall not be subject to freezing, seizure or confiscation or any other form of restriction as a result of unilateral coercive measures by any authority. Jurisdictional immunities of States and the immunity of their property must always be respected and protected against unilateral coercive measures;

In the case of economic or financial damage suffered as a result of the adoption of unilateral coercive measures, the State which, by its actions or the extraterritorial application of its national laws, has caused such loss to the affected State, private persons and legal persons, is primarily responsible for compensation and reparation;

States should develop a road map to reduce the dependence of international trade on national currencies that could be used as an instrument of unilateral coercive measures or to preserve the monetary hegemony of a particular State in the world economy;

Efforts should be made to establish regional or other forms of inter-State financial institutions in order to strengthen their bilateral and multilateral financial relations and to eradicate the unfair practices and processes that currently characterize some global financial and development institutions;

No one shall be deprived of liberty or freedom of movement or subjected to any other form of restriction based on unilateral coercive acts, laws or policies. The executive and judicial authorities scrutinize all documents and evidence submitted to them in order to avoid the unjustified application of unilateral coercive measures;

Evasion or circumvention of unilateral coercive measures by individuals is not grounds for extradition;

Trade in humanitarian goods and supplies, such as food and agricultural products, medicines and medical devices, as well as spare parts, equipment and related services necessary for the security of civil aviation, is under no circumstances subject to direct or indirect coercive economic measures. Accordingly, any impediments to such trade, including obstacles to transportation, financial transactions and transfers of currency or credit instruments, shall be removed;

Activities related to tangible or intangible cultural values, culture, scientific work and sports, income from art and sports, income of employees abroad, funds related to the functioning of diplomatic missions and consular offices, contributions to international organizations, funds related to educational and scientific activities, and other activities of a similar nature are in no way affected or even temporarily interrupted as a result of the imposition of a unilateral coercive measure;

Any unilateral coercive measure that adversely affects the entire population of a State and results in a narrowing of the space for humanitarian action, preventing the humanitarian needs of that population or the full enjoyment of its human rights, including its fundamental economic, social and cultural rights as enshrined in international human rights instruments, is considered a serious violation of international human rights law;

In the event of natural and other disasters, humanitarian assistance in kind or in cash is not subject to unilateral coercive measures;

Unilateral coercive measures in the field of culture, restrictions on specific cultural figures and historical figures on the basis of their nationality, nationality or political beliefs and opinions, as well as the practice of "canceling the culture" of particular countries or peoples are considered unacceptable;

States are encouraged to adopt laws and regulations to ensure the implementation of the measures set out in these guidelines.

Signed in Moscow on 05.12.2023

This marks an overt change in direction and will further facilitate the formation of two distinct Blocs, one based on Law the other based on Hegemonic whim.

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