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Under Article 41 of the UN Charter, the Security Council may call upon Member States to apply measures not involving the use of armed forces in order to maintain or restore international peace and security. The number of sanctions regimes mandated by the United Nations Security Council is increasing. The Security Council has invoked Chapter VII of the United Nations Charter to impose sanctions in the following cases: Afghanistan, Angola, Ethiopia and Eritrea, Federal Republic of Yugoslavia/Kosovo, Haiti, Iraq, Liberia, Libya, Rwanda, Sierra Leone, Somalia, South Africa, Southern Rhodesia, Sudan and former Yugoslavia. As the Secretary-General stated in his first report on the Protection of Civilians in Armed Conflict, experience has shown that sanctions can have a highly negative impact on civilian populations, especially children and women. Regional sanctions and embargoes are of special concern. Often hastily imposed by neighboring countries without clear guidelines regarding the minimization of their humanitarian impact, regional sanctions have hampered the provision of emergency humanitarian assistance in recent years.
It therefore follows that sanctions regimes continue to be an increasingly difficult dilemma for the United Nations’ dual mandate of preserving peace and protecting human needs. As the Secretary-General noted: “Humanitarian and human rights policy goals cannot easily be reconciled with those of sanctions regimes”. Aware
of this quandary a general consciousness evolved also within the UN Security
Council that “further collective actions in the SC within the context of any
further sanctions regime should be directed to minimize unintended adverse side
effects of sanctions on the most vulnerable segments of targeted countries.” This
led to the realization that comprehensive economic sanctions or broad trade
embargoes are coercive measures of the past and that in today’s sanctions
policies, strategies for mitigating adverse humanitarian impacts on vulnerable
populations have imperatively to be incorporated from the very beginning.
Security
Council and UN Secretariat have responded positively to this challenge for more
humane sanctions regimes and have increasingly used more targeted sanctions
(e.g. Sierra Leone, Afghanistan). Also the request of the Council for monitoring
and reporting mechanisms to assess the humanitarian implications of the
sanctions regimes imposed on Afghanistan and Liberia is a an indication of the
Security Council’s increased awareness of the potential harm sanctions can
inflict on the humanitarian situation of the targeted country. This development
has helped to address some of the concerns about UN culpability for
sanctions-related suffering. Today
it is an accepted standard that sanctions authorities bear the fundamental
responsibility for mitigating the unintended consequences and for ensuring that
the coercive measures enacted to uphold international norms do not cause
suffering disproportionate to the ends served. Political gain and civilian pain of sanctions regimes cannot be separated anymore from one another or analysed in isolation. The art of sanctions statecraft lies in applying sanctions that are sufficiently forceful to persuade targeted leaders to move toward political compliance while avoiding severe humanitarian impacts that undermine the viability of the policy and of the instruments itself.
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© United Nations Office for the Coordination of Humanitarian Affairs 1999-2001. |
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