UN Targeted Sanctions
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UN Targeted Sanctions Qualitative Database June 2014 1 Al-Qaida/Taliban Overview Status: Ongoing Duration: 15 October 1999 – present (14 years +) Objective: Counter-terrorism Sanction types: Individual (asset freeze, travel ban), Diplomatic (limit diplomatic representation), Sectoral (arms embargo, aviation ban), Commodity (heroin processing chemical ban) - Territorial delimitation during EP2 (areas of Afghanistan under Taliban control) Non-UN sanctions: Regional (EU), Unilateral (US, UK, other) Other policy instruments: Diplomacy, legal tribunals, threat of force, use of force, covert measures Background In August 1998, the US embassies in Dar es Salaam, Tanzania and Nairobi, Kenya were bombed. Afghanistan under the Taliban was mentioned as a haven for terrorists in UNSCR 1193 in August 1998. In November of the same year, Usama bin Laden was indicted by the US for his involvement in the bombings. UNSCR 1214 (December 1998) included a long list of grievances against the Taliban in addition to its provision of sanctuary to terrorists. Episode 1 (15 October 1999 – 19 December 2000) Summary The UNSC imposed targeted sanctions on the Taliban regime (in control of Afghanistan at the time) for its refusal to turn over bin Laden for prosecution (UNSCR 1267). Purposes Coerce the Taliban to turn over bin Laden, constrain the Taliban from engaging in a variety of proscribed activities (particularly as haven for terrorism), and signal the Taliban for its violation of a large number of norms (on terrorism, the cultivation of drugs, the ongoing armed conflict, kidnapping of diplomatic personnel, and the treatment of women). Sanction type Aviation ban on aircraft owned, leased, or operated by the Taliban and asset freeze on the Taliban regime. Effectiveness Coercion (Ineffective) Policy outcome: 1/5, Taliban refused to extradite bin Laden. UN sanctions contribution: 2/5, UN sanctions were not the primary tool for coercion; international diplomacy and US unilateral sanctions appeared more significant at the time (US legal proceedings were focused on bin Laden, not the Taliban). Constraint (Ineffective) Policy outcome: 2/5, Restrictions on Ariana Airlines forced the Taliban to find new sources of supply (Viktor Bout). 2 UN sanctions contribution: 4/5, UN sanctions multi-lateralized US unilateral measures (affecting the Gulf and western China). Signaling (Mixed effectiveness) Policy outcome: 3/5, UNSCRs (1214 and 1267) clearly articulated violation of norm against terrorism under Chapter VII, but degree of stigmatization was limited (Taliban increased their proscribed activities and became increasingly intransigent). UN sanctions contribution: 5/5, The UNSCRs were the principal mechanism for communicating the international norm against terrorism, and Taliban was strongly stigmatized. Unintended consequences Increase in corruption and criminality, strengthening of authoritarian rule, rally round the flag effect, increase in human rights violations, strengthening of political factions, humanitarian consequences. Episode 2 (19 December 2000 – 11 September 2001) Summary Following the continued refusal of the Taliban to turn over Usama bin Laden for prosecution, its reluctance to engage in a broader peace process, and its threats to destroy part of Afghanistan’s cultural and historical heritage, the UNSC passed UNSCR 1333 in December 2000, eXpanding the sanctions against the Taliban and broadening them to bin Laden and Al-Qaida. Purposes Coerce the Taliban to turn over bin Laden and close terrorist training camps on its territory, constrain both the Taliban and Al-Qaida from engaging in proscribed activities (particularly terrorism), and signal both the Taliban and Al-Qaida about a growing number of norm violations. Sanction type Expansion of the existing aviation ban (from aircraft owned by the Taliban to landing anywhere in the territory controlled by them) and individual/entity asset freeze (to bin Laden and Al-Qaida as an organization). Newly imposed arms imports embargo on the Taliban (and areas of the country controlled by them), diplomatic sanctions on the Taliban (closure of Taliban offices in MS territory), and a ban on a substance used in the processing of heroin (acetic anhydride). Effectiveness Coercion (Ineffective) Policy outcome: 1/5, Taliban refused to eXtradite bin Laden and indeed became more closely aligned with him during this episode. UN sanctions contribution: 0/5, Additional sanctions pushed the Taliban closer to bin Laden. Constraint (Mixed effectiveness) Policy outcome: 3/5, Ariana Airlines was fully grounded during this episode, but the other sanctions appeared to inconvenience, rather than constrain, the targets. 3 UN sanctions contribution: 4/5, Sanctions appear critical to grounding of Ariana Airlines. Signaling (Mixed effectiveness) Policy outcome: 3/5, Clear articulation of violation of norm against terrorism and further isolation of the Taliban, but degree of stigmatization felt by the targets was limited. UN sanctions contribution: 4/5, EXpansion of sanctions against Taliban and extension to Al-Qaida was the principal mechanism for diffusing the international norm. However, Taliban behavior also contributed to its stigmatization internationally. Unintended consequences Increase in corruption and criminality, strengthening of authoritarian rule, rally round the flag effect, increase in human rights violations, strengthening of political factions, humanitarian consequences. Episode 3 (11 September 2001 – 17 June 2011) Summary Following the attacks of 11 September 2001, the UNSC passed several important resolutions (all unanimous) significantly enhancing its efforts to counter terrorism. UNSCR 1368 broadly authorized military intervention (“take all necessary steps to respond”), 1373 established the global CT regime (with innovative new monitoring and enforcement measures), 1386 legitimized ISAF intervention, and 1390 added an indefinite travel ban and arms embargo on AQ. There was a significant increase in the number of individuals and entities designated during this period from 156 to more than 500 at one point during the episode, beginning with the first round of new designations made on 8 October 2001. Following litigation in a number of key implementing states over due process violations associated with the individual designation process, the UNSC passed a series of resolutions introducing procedural reforms and increasing the transparency of its operations. UNSCR 1617 (29 July 2005) spelled out explicit criteria for listing, UNSCR 1730 (December 2006) created a focal point mechanism within the Secretariat to receive petitions for de-listing, UNSCR 1822 (June 2008) mandated periodic reviews of all designations, and UNSCR 1904 (December 2009) created an Office of Ombudsperson to review petitions for de-listing. Each of these resolutions was adopted unanimously. This episode represented an attempt to focus the targeting of the regime and increase/maintain its legitimacy. There was also evidence of an emerging differentiation between Al-Qaida and the Taliban that picked up pace toward the end of the episode. Targeted assassination campaigns through drone attacks by the United States became more prominent in the Afghanistan-Pakistan border (especially toward the end of the episode), considerably harming the senior leadership of Al-Qaida. In May 2011, Usama bin Laden was killed in Pakistan in an attack by US Special Forces. Purposes Constrain AQ from being able to commit additional acts of terrorism and signal AQ and the global community about the unacceptability of acts of terrorism. At the same time, 4 reassure domestic constituencies that something was being done about global terrorism, and address domestic human rights communities that adequate due process measures were in place. Sanction type Continuation of previously imposed asset freeze and arms imports embargo on Usama bin Laden, Al-Qaida, Taliban, and associates. Diplomatic sanctions (closure of Taliban offices in MS territory) and ban on chemical used in heroin processing (acetic anhydride) eXpired in December 2001 and aviation ban was lifted in January 2002 (following Taliban overthrow in November 2011). Newly imposed travel ban on Usama bin Laden, Al-Qaida, Taliban, and associates. Effectiveness Coercion (N/A) Policy outcome: N/A, Individuals and supporters became the principal focus of coercion, but in order to constrain AQ/T. Individuals designated became unable to access their funds in some countries, others were deterred from providing continuing support. UN sanctions contribution: N/A. Constraint (Effective) Policy outcome: 5/5, AQ had very limited access to formal sector financial institutions; had limited funds to transfer; complained of limits on funds; moved to decentralized, locally sourced financing; change of strategy of Al-Qaida, both in its sources of financing (toward crime and local sources) and in the location of many of its attacks (increasingly in the developing world); at the beginning of the episode, AQ was still directing and financing attacks (Bali 1); by the middle, there was no evidence of direct command and control or financing from AQ central (Bali 2, Madrid, London); there was evidence of disruption of plots due to financial intelligence; AQ central virtually disappeared as a command and control center during this episode. UN sanctions contribution: 3/5, Other factors, such as the NATO military intervention, clearly played a key role in the disruption of the organization and its change of strategy (at least at the outset);