The Enforcement Spectrum


Image credit: UN Photo/Stephenie Hollyman

dialogue

Definition

A State is invited to enter into dialogue on human rights issues with UN bodies.

Example mechanisms or procedures

Correspondence or country visits by UN Special Procedures; Universal Periodic Review before the Human Rights Council; “Advisory services” offered by UN bodies.

Use of procedure in actual situation

Video

Image credit: Centre for e-Learning

persuasion

Definition

More formalised dialogue – a State is required to consider advice and views of UN bodies. Refusal to do so may carry reputational risks.

Example mechanisms or procedures

Periodic reporting process before UN Treaty Bodies; Human Rights Council ‘confidential’ 1503 procedure; Individual complaints to UN treaty bodies.

Use of procedure in actual situation

Videos

Image credit: UN Photo/Eskinder Debebe

criticism

Definition

A public ‘naming and shaming’ where a State’s human rights record is documented and criticized publicly by UN bodies.

Example mechanisms or procedures

Country-specific resolutions passed by UN Human Rights Council, General Assembly or Security Council; Special “crisis” sessions called by UN Human Rights Council.

Use of procedure in actual situation

Videos

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investigation

Definition

A State is subject to a formal and quasi-legal investigation, usually with a view to recommending further action by UN political bodies.

Example mechanisms or procedures

Human Rights Council or Security Council appoint Commission of Inquiry, or similar; Article 20 procedure under Convention against Torture.

Use of procedure in actual situation

Videos

Image credit: ICC-CPI (Flickr stream)

punishment

Definition

The UN SC places sanctions on a State and/or its officials, or the State or its officials face civil or criminal court action.

Example mechanisms or procedures

Arms embargoes, restrictions on travel, financial transactions or trade; Country situation investigated by International Criminal Court; Inter-state complaint before UN treaty body or at International Court of Justice.

Use of procedure in actual situation

Videos

Image credit: Jan Kranendonk/Shutterstock

use of force

Definition

The UN SC authorises the use of force by UN peacekeeping troops or other forces in order to protect civilian lives.

Example mechanisms or procedures

Declaration of ‘no-fly’ zones; creation of ‘safe havens’; civilian protection mandates for UN peacekeeping troops, or full military intervention.

Use of procedure in actual situation

Videos