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The growing controversy over Iraq sanctions, which the Security Council enforced following Saddam Hussein's 1990 invasion of Kuwait, led to several important innovations in UN sanctions regimes. Reform-minded governments sponsored inquiries into alternative options, notably "targeted sanctions." Some Council members pressed for more effective sanctions oversight, management and enforcement. Most observers concluded that general economic sanctions caused disproportionate harm and should never again be used.As a result, the Security Council developed "targeted sanctions" aimed directly at elite interests and specific individuals in "recalcitrant" countries. These "targeted sanctions" were designed to be tightly-focused so as to limit their humanitarian impact. Indeed, all UN sanctions today are "targeted," and are in general grouped into three categories: sanctions targeted at individuals, those targeted at specific commodities, and those targeted at particular regions in a country.
A major controversy has arisen over sanctions that directly name individuals. Seemingly ideal and tightly-focused, these sanctions have several serious problems. Names of individuals may be unfairly or hastily placed on Council lists, named persons have little or no recourse if named unfairly, and common names may be result in harm being done to completely innocent persons. These problems are often referred to as "Listing and De-Listing."
This page provides basic information and key perspectives on this pertinent issue in the Background and Analysis section. The Listing and De-listing section focuses on the controversy surrounding the UN Consolidated List of alleged Taliban and Al Qaeda associates. There is also a link to Global Policy Forum's Terrorism page, because the targeted sanctions controversy focuses on sanctions against members and associates of Al Qaeda and the Taliban. The External Links section will connect you to respected research projects and thought-provoking news articles related to this topic.
Background and Analysis | Listing and De-Listing | Terrorism | External Links
Background and Analysis
'Smart Sanctions' on Iran are Dumb (September 9, 2010)
Smart sanctions are supposedly "targeted" to avoid widespread harm to the innocent. However, US sanctions on Iran target the oil and gas industries. Iran's economy is dependent on its energy sector and the government's subsidies for food and housing depend on this income. UN sanctions are similarly broad. Iranian Bank Mellat is sanctioned because it facilitated financial transactions for military entities. These sanctions are in marked contrast to actual targeted sanctions. (Foriegn Policy in Focus)
The Emergence, Evolution, Effects, and Challenges of Targeted Sanctions (June 14, 2004)
This article, by Thomas J. Biersteker of the Watson Institute for International Studies at Brown University, is a concise introduction to the events that led to the development of targeted sanctions and the challenges that subsequently arose as these sanctions were more frequently employed. Biersteker locates the origin of targeted sanctions in humanitarian concern and tracks their increasingly specific aims. He notes that although insitutional learning has taken place since targeted sanctions were first introduced, challenges - such as achieving parallel implementation, mitigating unintended consequences, and using information to better target the individuals in question - persist and must be addressed before targeted sanctions can be effective.
Are Smart Sanctions Feasible? (April 2002)
Writing in World Politics journal, Arne Tostensen and Beate Bull compare and contrast conventional general sanctions and "smart" sanctions. Specifically discussing the humanitarian exemptions, elite-targeting, arms embargoes, financial sanctions and travel restrictions, Tostensen and Bull argue that although smart sanctions are being developed after the UN has learned from past sanctions failures, they require a particular level of expertise and oversight that will be difficult to attain. They aim to moderate the relatively high expectations that have accompanied the development of these alternatives to general sanctions.
Addressing the Challenges of Targeted Sanctions (October 2009)
This article, by Thomas J. Biersteker and Sue E. Eckert of the Watson Institute, is an in-depth analysis of the controversies surrounding targeted sanctions. After a comprehensive introduction, this extensive report proceeds to make policy recommendations directed at the sanctions committee level, the national level, and the UN level. Biersteker and Eckert note that improving targeted sanctions and the related monitoring mechanisms in order to align them with human rights standards is a crucial factor for the legitimacy of the Security Council. The appendices provide useful statistics and specific information on targeted sanctions.
Making Targeted Sanctions Effective: Guidelines for the Implementation of UN Policy Options (February 14, 2003)
This final report of the Stockholm Process, headed by the Department of Peace and Conflict Research at Uppsala University, offers recommendations to the United Nations in order to make targeted sanctions effective without adversely affecting the humanitarian population. Such recommendations include creating a database on past and existing sanctions, developing training programs for member states on how to enforce sanctions, and mandating renewed updates on the effects of targeted sanctions in specific situations.
Listing and De-Listing
On the Long Road Towards Security Council Accountability: Accessing and Renewing the Ombudsperson (June 2011)
This paper by Nicol Herbert sees the new sanctions Ombudsperson as a unique step towards legal oversight of the Security Council. For the first time, there is some degree of due process for individuals blacklisted by the 1267 Al Qaeda-Taliban sanctions committee. Based on a year of practice and comments by the Ombudsperson herself, the paper recommends a number of changes to make the office more responsive to legal standards of due process and more effective at delivering justice. An impending renewal of the mandate for the office makes the paper especially timely. (Global Policy Forum)
US Seeks to Split UN Taliban, Qaeda Sanctions List (June 13, 2011)
The US is moving to split the list of sanctioned individuals on the 1267 Taliban-Al Qaeda sanctions committee as a means of encouraging the Taliban into peace talks. Despite the public statement that this would serve as a means of encouraging the Taliban to break from Al Qaeda, the split would merely continue the sanctions regime without actually making any changes. (Reuters Africa)
Afghans Want Taliban Dropped from Sanctions List (June 7, 2011)
Members of the Afghan government are asking for a group of Taliban members to be taken off the UN Security Council’s sanction list as a means of facilitating reconciliation within Afghanistan. Despite the appeal from the Afghan government, German Ambassador Peter Wittig, chair of the sanctions committee, says that it is unlikely that all of the individuals in this case will be taken off the list. Removing people from the sanctions list requires a unanimous decision from the Security Council, which is unlikely to happen given opposition from some Council members. (AFP)
UN Asset-Freezing Scheme Represents an ‘Atrocious Lack' of Due Process (August 25, 2010)
The asset-freezing sanctions regime operates under international law and requires all states to freeze the assets of individuals listed by the Security Council. Lack of due process is inherent in this regime. Almost 300 individuals have had their assets frozen for the past nine years without review. These individuals are unable to challenge the evidence against them and are given no indication of how to be removed from the list. Despite a recent review of asset-freezing sanctions by a Security Council subcommittee, the future remains bleak for listed individuals. (Guardian)
Court Challenge of UN No-Fly List to Proceed Despite Canadian UN Ombudsman (August 8, 2010)
In June, the UN Security Council appointed an ombudsperson, Kimberly Prost, to respond to widespread criticisms of its "anti-terrorist" sanctions regime that targets individuals. Despite Prost's appointment, two civil liberties groups in Canada will proceed with their lawsuit against the Canadian government. They are asking the Federal Court of Canada to strike down Canadian regulations that implement Security Council Resolution 1267 on the grounds that the appeal process for listed individuals lacks basic protections of procedural fairness that are fundamental to the rule of law. Thus, despite the ombudsperson appointment, there are still no guarantees of transparency in the listing and delisting process.(Postmedia News)
The United States and the UN's Targeted Sanctions of Suspected Terrorists: What Role for Human Rights? (June 2010)
In the wake of the 9/11 terrorist attacks, the Security Council passed a resolution requiring member states to impose targeted sanctions on alleged members of terrorist organizations. The policy raises serious concerns about the violation of human rights. Many who believed they were wrongly listed by the Council brought their cases to national and regional courts, and their successes challenge the credibility and legitimacy of the sanctions regime. In response to criticism from a variety of sources, the Security Council has partially reformed the policy, but national security still seems to come at the expense of human rights. (Ethics and International Affairs)
Human Rights Standards for Targeted Sanctions (January 2010)
Sanctions experts David Cortright and Erika de Wet, writing for the Fourth Freedom Forum's Sanctions and Security Research Program, argue in this paper that sanctions targeted at individuals violate fundamental human rights as enshrined in documents such as the Universal Declaration of Human Rights and the European Convention on Human Rights. In particular, these sanctions deny individuals the right to a fair hearing, the right to judicial review and he right to be heard. Although the Security Council has created important de-listing, petition, and review mechanisms, these are still insufficient to remedy the problems that legal scholars have identified in the targeted sanctions regime. Cortright and de Wet argue that the targeted sanctions controversy may undermine the legitimacy of efforts to prevent acts of terrorism, for this controversy is an example of how authorities have curtailed fundamental freedoms in favour of "security".
Targeted Sanctions and Due Process (March 20, 2006)
Legal scholar Bardo Fassbender prepared this report for the United Nations Office of Legal Affairs. Fassbender surveys international law to determine whether the UN's targeted sanctions regime is illegal under inernational law. He notes that while the UN itself is not party to any international human rights treaties, and although UN member states' ratification of such treaties in no way binds the UN as an organization, the UN Charter does enshrine certain human rights. Furthermore, supranational human rights standards are emerging - for example, in the EU - and expectations are that international organizations respect human rights as well. Therefore, the Security Council must weigh its obligation to maintain global peace and security with the supreme need to respect the rights of the individual. In conclusion, he recommends a number of particular rights that the Security Council should respect.
The Security Council's Targeted Sanctions Regime: In Need of Better Protection of the Individual (December 2007)
This Leiden Journal of International Law article notes that the Security Council's targeted sanctions contain serious procedural flaws. The Council can arbitrarily place individuals on a sanctions list, without giving them access to evidence against them or the right to appeal. The article recommends that the UN establish an independent and impartial sanctions organ, with the power to review petitions for delisting.
Terrorism
After the September 11, 2001 attacks the Security Council became more aware of Al-Qaeda's capabilities and intentions, and developed a unique sanctions regime to apply to the challenges posed by international terrorism. In an unprecedented development, the Security Council passed a number of resolutions approving "targeted" sanctions on alleged members and associates of Al-Qaeda and the Taliban. Partly in response to earlier concerns that general sanctions hurt innocent civilians, the Security Council attempted to use travel bans, asset freezes and arms embargoes to selectively defeat alleged terrorists and their co-conspirators. However, concerns from the human rights community raised new controversies over the use of targeted sanctions. On this page, you will find a list of the UN resolutions related to this issue. Also provided are key UN documents and articles from the media that provide in-depth analysis and insight.
External Links
Targeted Sanctions Project at the Watson Institute, Brown University
The Watson Institute provides in-depth analysis and research on the use of targeted sanctions by the UN Security Council. The Institute also produces valuable statistics on the use of targeted sanctions.
Targeted Sanctions Bibliography
The Watson Institute has also produced this bibliography, which lists essential reading on the the topic of targeted sanctions. The list of external links at the end of this bibliography is particularly extensive.
The Fourth Freedom Forum's Sanctions and Security Research Project
The Sanctions and Security Research Project provides analysis and policy recommendations for sanctions regimes, directed at both unilateral and UN sanctions. Eminent scholars David Cortright and George Lopez are associated with Fourth Freedom, and updates on their work are provided through this website.
The Security Council Committee on Al Qaeda and the Taliban
Also known as the "1267 Committee", this committee was created by the Security Council to monitor the implementation of UN sanctions enforced against members of the Taliban and Al Qaeda in resolutions pursuant to Security Council Resolution 1267. The 1267 Committee has debated and analyzed the legal issues pertaining to the use of targeted sanctions, and provides excellent reports on the most minute of matters. For more information on the 1267 Committee, visit our Terrorism page linked above.
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