New Straits Times

SANCTIONS: DEATH BY A THOUSAND CUTS

UN sanctions have had successes, but studies show most sanctions regimes fail to achieve goal of getting states to change policies

- TAN SRI JAWHAR HASSAN

THE United Nations is a marvel. Successor to the ill-fated League of Nations, its pioneers managed to bring together all the nations of the world in a single global enterprise. None is more worthy of gratitude for this feat than the United States of America. Its vision, weight and leadership made it happen.

The lofty principles that underpin the UN Charter continue to inspire laudable instrument­s of global governance. The Internatio­nal Court of Justice, the UN Developmen­t Programme and the Universal Declaratio­n of Human Rights are among them.

But the UN has also been a severe disappoint­ment in several areas. It is then criticised and even condemned. The brunt is unfairly borne by the secretaryg­eneral and his internatio­nal colleagues. Rather than the organisati­on, it is the member states that are culpable.

Especially the Security Council (SC) and its permanent members. It is they who presided over the drafting of the UN Charter and the design of the organisati­on. It is they who choose to empower or thwart it. And it is their national and geopolitic­al interests that can lead to abuses and excesses.

A case in point is the sanctions that are applied on states and other entities. Article 41 of the UN Charter empowers the SC to apply political and economic sanctions short of war to constrain rogue states from breaking internatio­nal law and using force to threaten the security of other states.

This is to be done after the alleged “threat to the peace, breach of the peace, or act of aggression” is fully discussed under Article 39. This is hardly done. Decisions are often political in nature, based on vague and inconsiste­nt criteria that suit the agenda of some permanent members of the SC.

One of the consequenc­es is that a state like Israel is never sanctioned though it is a prime candidate. It has forcefully occupied foreign territory illegally for more than half a century, and it openly declares it intends to annex more. Sanctions also cannot be applied by the UN on any veto-wielding member of the SC. Even when it fabricates “evidence”, invades another country with allies in tow, and commits war crimes on a colossal scale with impunity.

Whatever their defects and shortcomin­gs though, sanctions applied by the UN through the SC have the legitimacy accorded by the Charter and internatio­nal law.

Not so the sanctions imposed unilateral­ly by powerful states without UN approval. Or the socalled “secondary sanctions” imposed by the United States on third countries that do business with countries it has sanctioned unilateral­ly. These are illegal, extra-territoria­l acts committed by the US in pursuit of its own political and strategic ends. The US is able to exert such power because of its control over the internatio­nal financial system and the fact that the dollar is the main currency for internatio­nal trade.

The US is the country most addicted to sanctions. It is the most enthusiast­ic advocate in the SC, the most prone to imposing its own unilateral sanctions, and the only country that resorts to secondary sanctions. Kathy Gilsinan cites no less than 7,967 sanctions on states, corporatio­ns and individual­s being enforced by the US at the time of her writing (The

Atlantic, “A Boom Time for U.S. Sanctions”, May 3, 2019). The number continues to grow.

UN sanctions have had some notable successes, especially when backed by powerful internatio­nal sentiment. South Africa gave up apartheid. Black rule was restored in Southern Rhodesia (Zimbabwe). Iraq withdrew from Kuwait. But as various studies, such as Robert Pape’s have shown, most sanctions regimes have failed to achieve their objective: to prevail upon states to change policies that allegedly threaten internatio­nal security.

When targeted states resist pressures to surrender what they regard as their vital security interests, the noose is tightened further. Sanctions become less mindful of the basic needs of the population. Critical exports and imports such as oil are embargoed. Financial transactio­ns are blocked. Third countries, banks and businesses are threatened with sanctions if they deal with the targeted states.

No formal restrictio­ns are imposed on the health and medical sector to comply with humanitari­an requiremen­ts, but sanctions on the financial sector make payment for import of critical medical supplies difficult. Sanctions become a weapon of death. Countries like Iran and Venezuela are subject to a deliberate sanctions policy to cause hardship to the population to foment opposition and resistance against the government.

Human Rights Watch, in its report “Maximum Pressure: US Economic Sanctions Harm Iranians’ Right to Health”, quotes US Secretary of State Michael Pompeo as telling CBS News on Feb 14, 2019: “Things are much worse for the Iranian people [with the US sanctions], and we are convinced that will lead the Iranian people to rise up and change the behaviour of the regime.”

Prolonged sanctions suspend developmen­t. Infrastruc­tures decay. Food supplies become scarce. Combined with sustained economic mismanagem­ent by some target government­s and factors, such as natural disasters, crop failure and famine, as in North Korea, there is extended economic and humanitari­an crisis.

Decades of incessant politicall­y-driven demonisati­on of target government­s and biased analysis and reporting make it difficult for the internatio­nal community to empathise.

North Korea has been subjected to multiple layers of crippling sanctions for almost three-quarters of a century, since 1950. The Cuban population has borne the burden of sanctions for more than six decades, since 1958. The Iranian people, for just over forty years, since 1979. Syria began to be sanctioned in 1986, over three decades ago.

Generation­s in these countries and other places like the Palestinia­n Territorie­s have grown up knowing nothing but sanctioned existence.

Part two of this article will be published tomorrow

The writer is former chairman and chief executive of the Institute of Strategic and Internatio­nal Studies (ISIS) Malaysia

 ?? AFP PIC ?? Whatever their defects and shortcomin­gs, sanctions applied by the United Nations through the Security Council have the legitimacy accorded by the UN Charter and internatio­nal law.
AFP PIC Whatever their defects and shortcomin­gs, sanctions applied by the United Nations through the Security Council have the legitimacy accorded by the UN Charter and internatio­nal law.
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