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The Role of the Sanctions in Diplomacy Introduction ODUMUNC 2020 Issue Brief UN General Assembly Fourth Committee: Disarmament The Role of the Sanctions in Diplomacy ODU United Nations Society Introduction: The Sanction determination of oppressed people. But a Dilemma growing consensus of UN Member States, including countries most affected by UN sanctions and their allies in the Non-Aligned Sanctions are one of the most common tools of Movement (NAM), is increasingly skeptical of international diplomacy and one of the most sanctions, though. Most UN Member States see controversial. Although they have ben in use sanctions as economic warfare by Western ford decades, in recent years, pushing the Governments—many of them their formal sanction button has been become a standard colonial and imperial rulers—to assert control response to international controversies.1 Is this over their domestic affairs and political choice. tool effective? Does it cause more harm than Other UN Member States support sanctions good? Should UN Member States be when they support national self-determination discouraged from using tehm, or asked to use against colonialism and imperialism. them exclusively through the UN? Even for the country that uses sanctions most of To their advocates, sanctions are way of raising all—the United States—they are highly pressure on governments violating international controversial. In the words of a prominent normative principles without resort to outright American foreign policy analyst: warfare. To their critics they are ineffectual, little more than political theater, more likely to ‘Sanctions don't work’ is an often-heard harm the innocent than their intended targets. refrain… What cannot be disputed, though, is that economic sanctions are fast But sanctions are extremely controversial. The becoming the policy tool of choice for the basic problem is the ‘sanctions dilemma’. This United States in the post-Cold War world. comes from the appeal of sanctions, the ease of Indeed, economic sanctions are using them, and the controversy over their increasingly at the center of American impact. The sanctions that punish a country most foreign policy as a policy tool to resolve also are most severe on the innocent. The several issues: to stem the proliferation of sanctions that harm the innocent least also seem weapons of mass destruction, promote to be least effective.2 human rights, discourage aggression, protect the environment, or thwart drug Sanctions are a special concern to Fourth trafficking.3 Committee, because they have been used by the UN for decades in support of national self- 1 ‘Sanctions: financial carpet bombing’, The https://www.ohchr.org/EN/NewsEvents/Pages/Displa Economist, 30 November 2019, yNews.aspx?NewsID=21795&LangID=E https://www.economist.com/united- 3 Jonathan Masters, ‘What Are Economic states/2019/11/28/donald-trump-has-shown-a- Sanctions?’, Council on Foreign Relations, 12 surprising-enthusiasm-for-sanctions August 2019, 2 ‘EU needs greater focus on human rights impact of https://www.cfr.org/backgrounder/what-are- sanctions – UN expert’, UN High Commissioner for economic-sanctions Human Rights, 23 June 2017, The Role of the Sanctions in Diplomacy Those words, written twenty years ago, are just The future of sanctions seems bright—several as true today. With sanctions targeting an every government insists on using them ever more growing list of states, debates in the UN over freely. But their acceptance and effectiveness their appropriateness, fairness and even their has never been more in doubt. The question for legitimacy. the UN General Assembly is how best to guide future use of this most controversial tool. Source: Annan, Kofi, ‘The UN has more sanctions in place than ever – but are they working?’ World Economic Forum, 12 January 2016. Different Sanctions, Different Sanctions are routine responses to an ever- Effects growing list of actions or which governments are unwilling to go to war, but demand the target state reverse their polices, including: Bring international trade and diplomacy to a crashing halt is nothing new. But historically • Terrorism and support for terrorism such actions were part of a declaration of war. • Nuclear proliferation activities Sanctions not only used to war by other means, • Crimes against humanity they were part of war itself. For sanctions to • Human rights violations become diplomatic tools, they had to be • Illegal annexation of foreign territory separated from warfare. This began to happen in • Deliberate destabilization of a sovereign the early Twentieth Century. But target countries country do not see much of a practical difference. And sanctions often remain a prelude to war. Thus they are handled with great care, even when used routinely as they are today. 2 The Role of the Sanctions in Diplomacy There are four basic types of sanctions, all with Article 41 of the UN Charter. Historically their own advantages and disadvantages 4: diplomatic sanctions have been one of the more frequently used forms of sanctions, and have Diplomatic sanctions, targeted sanctions, arms been previously applied by the entire embargos and economic sanctions. international community against countries like Iraq, Libya, Southern Rhodesia, Libya, Sudan, Diplomatic Sanctions Yugoslavia, Angola, and Afghanistan under the rule of the Taliban in 1994-2001. The oldest kind of sanctions, dating to 1917, are diplomatic sanctions. These include actions such Diplomatic sanctions are most effective when as the interruption of diplomatic relations with done under the authority of a UN Security the targeted country, or recalling diplomatic council resolution. Otherwise they are unilateral representatives. In 1917 many countries of autonomous policy of specific countries, responded to Russia’s Bolshevik (communist) which makes them less universal and less 5 Revolution by withdrawing their diplomatic effective. recognition and pulling their diplomats out of the country. The United States had no Targeted Sanctions on Specific diplomatic officials in Russia (the Soviet Union) Individuals and Firms for over twenty years as part of its policy of non- recognition. For many years the most common form of international sanctions targeted all trade with an Reducing diplomatic ties, such as demanding the entire country. More recently a preference has recall of some or all diplomats, or even closing grown for targeted sanctions, which specific embassies, is a way of expressing extreme individuals or firms. These individuals or condemnation of the recipient country’s policies. companies may be banned from entering the Diplomatic sanctions are political measures country imposing the sanctions. ‘‘Targeted taken to express disapproval or displeasure at a sanctions’ or ‘smart sanctions’, like ‘smart certain action through diplomatic and political bombs’, are meant to focus their impact on means, rather than affecting economic or leaders, political elites and segments of society military relations. Measures include limitations believed responsible for objectionable behavior, or cancellations of high-level government visits while reducing collateral damage to the general or expelling or withdrawing diplomatic missions population and third countries.’6 or staff. The ‘severance of diplomatic relations’ is a possible measure specifically mentioned in why-russian-sanctions-and-expelling-diplomats- 4 ‘Different kinds of sanctions’, European wont-work/470058002/ 6 Council/Council of the European Union, 12 July Gary Clyde Hufbauer and Barbara Oegg, ‘Targeted 2017, Sanctions: A Policy Alternative?’ Peterson Institute http://www.consilium.europa.eu/en/policies/sanctions for International Economics, 23 February 2000, /different-types/ https://piie.com/commentary/speeches- papers/targeted-sanctions-policy-alternative . Also see Uri Friedman, ‘Smart Sanctions: A Short History. 5 Shellie Karabell, ‘Why Russian sanctions (and expelling diplomats) won't work‘, USA Today, 29 How a blunt diplomatic tool morphed into the March 2018, precision-guided measures we know today’, Foreign Policy, 23 April 2012, https://www.usatoday.com/story/opinion/2018/03/29/ https://foreignpolicy.com/2012/04/23/smart- sanctions-a-short-history/ 3 The Role of the Sanctions in Diplomacy For example, American sanctions against attacking neighboring countries, or violating Venezuela target the nation’s president and high international normative principles by attacking officials, prohibiting them from entering the their own people, violating their human rights. United States. They also forbid American firms They are widely accepted because they do not from doing business with Venezuela. Firms are harm the economic welfare of innocent people, allowed to continue servicing preexisting and may help them by preventing diversion of contracts, but cannot sign new contracts. This national wealth or military equipment. means that US firms are essentially prevented from new business with Venezuela’s oil Currently arms embargoes are in place against business. These US sanctions are unilateral or South Sudan and Central African Republic. autonomous. They have no consequences for There are other situations where arms firms of other countries. Chines oil companies, embargoes might be justified, such as Israel- for example, are free to do business with Palestine, Myanmar, Sudan, Russia or Syria. But Venezuela, whose market has effectively been the veto power of the five permanent members abandoned by the United States. of the UN Security Council prevents such action. The United Nations Security Council can implement
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