Challenges and Responses to the Use of Targeted UN Sanctions

Abstract: The United Nations (UN) sanctions regime was developed during the 1990's as an instrument to induce compliance with Security Council (SC) resolutions. The use of more comprehensive sanctions was criticised since it resulted in collateral damage including humanitarian distress. This brought Members of the UN to convene seminars where UN staff, academics and experts discussed how the sanctions regime could be developed in order to avoid the collateral damage but yet make the sanctions effective. As the participants agreed on the need for sanctions it was also agreed that sanctions can be constructed to be applied on certain targeted actors. These actors can be targeted because they are directly responsible for the imposition of the sanctions or because they are in such a position that sanctions imposed on them can induce compliance. This kind of targeted sanction measure is called ''smart sanctions''. Targeted smart sanctions has for instance been imposed against individuals and entities associated with Al Qaida, Usama bin Laden and/or the Taliban. These individuals and entities are listed on the so-called Consolidated List which is designated by the SC's Al Qaida and Taliban Sanctions Committee. The process of this designation and the sanctions imposed on the targeted actors however, where criticised for breaking fundamental human rights, such as the right to a fair trial, since the targeted actors had no possibility to appeal the decision which put the actor on the list. The work to refine the sanctions regime thus continued. Seminars were convened and experts developed recommendations and guidelines. Yet, the process was slow. For instance, the human rights issues were addressed in the Stockholm Process in 2001, but it took several years to bring about notable changes. This slow process might partially be due to the fact that the UN organisation is large and the process of collaboration between its members can be rather cumbersome. The process might also have suffered from the reform process that the UN organisation has undergone since 1997. If the deficiencies were excusable to some extent for a period of time they are, in my opinion, not so anymore. The UN has put forward a broad rule of law definition, which in my opinion seriously collides with the situation of the targeted actors. To avoid this definition becoming empty words, the procedures surrounding the listing must be further improved. Most importantly, there must be established an independent judiciary which can counter-balance the political interests and powers which surround this politically infected regime. It must always be taken into account that innocent people might be accused. A judicial element in the listing process is required to uphold the rule of law, and to make sure that the rights of the targeted actors are protected.