Security Council Sanctions Governance: The Power and Limits of Rules (Routledge Research on the United Nations (UN))

Little is known about how far-reaching decisions in UN Security Council sanctions committees are made. Developing a novel committee governance concept and using examples drawn from sanctions imposed on Iraq, Al-Qaida, Congo, Sudan and Iran, this book shows that Council members tend to follow the will of the powerful, whereas sanctions committee members often decide according to the rules. This is surprising since both Council and committees are staffed by the same member states. Offering a fascinating account of Security Council micro-politics and decision-making processes on sanctions, this rigorous comparative and theory-driven analysis treats the Council and its sanctions committees as distinguishable entities that may differ in decision practice despite having the same members. Drawing extensively on primary documents, diplomatic cables, well-informed press coverage, reports by close observers and extensive interviews with committee members, Council diplomats and sanctions experts, it contrasts with the conventional wisdom on decision-making within these bodies, which suggests that the powerful permanent members would not accept rule-based decisions against their interests. This book will be of interest to policy practitioners and scholars working in the broad field of international organizations and international relations theory as well as those specializing in sanctions, international law, the Security Council and counter-terrorism. Cover 1 Half Title 2 Series Page 3 Title Page 4 Copyright Page 5 Table of Contents 6 List of figures 9 List of tables 10 Acknowledgments 11 List of abbreviations 13 1 Security Council sanctions governance: The power and limits of rules 16 The argument: How committee governance triggers rule-based politics 19 Committee governance and international organizations 23 Methods and outline of the book 26 2 Committee governance, rules and precedents 32 The foundations of international organizations 33 Power politics 36 Committee governance and the power of rules 38 The constraints of rule-making 39 The constraints of rule implementation 41 The logic of coordination situations at the committee stage 42 Coordination situations at committee stage create demand for focal points 44 The logic of committee governance in the Security Council 48 Research design and observable implications 52 3 Security Council sanctions regimes: Complex governance entities 55 The Security Council as master of its sanctions regimes 56 The sanctions committees as implementing agents 59 The Panels of Experts as reflexive component 65 The UN Secretariat’s “Sanctions Branch” as administrative component 68 The Focal Point and the Office of the Ombudsperson as individual complaints mechanisms 69 Concluding thoughts 72 4 Disarming Iraq: Governing comprehensive sanctions under siege 75 The political origins of the Iraq sanctions regime 77 The beginnings: Setting and enforcing rules on the issue of foodstuffs in “humanitarian circumstances” 79 After the Gulf War: The need for precedents on “no-objection items” 83 Quality of requests, not power determines committee decisions 89 The power of rules and precedents in governing flight approvals 102 Concluding thoughts 105 5 Terrorist or scapegoat? Targeted sanctions and the threat of Al-Qaida and the Taliban 108 The political origins of the Al-Qaida/Taliban sanctions regime 110 Laissez-faire decision-making without criteria, rules and procedures 112 Criteria, rules and procedures trigger rule-based governance on the listing of individuals and entities 116 Stalemate creates demand for delisting and review procedures 120 Deadlock on Taliban prompts division of the sanctions regime 126 The Ombudsperson as safeguard for rule-based governance 129 Concluding thoughts 134 6 The Democratic Republic of the Congo: Targeted sanctions and civil war 137 The political origins of the Democratic Republic of the Congo sanctions regime 139 Targeting individuals and entities: No listing without procedures 142 Decision rules provide focal points for listing requests among the P3 145 Rwanda in the DRC Committee: The limits of committee governance 153 Concluding thoughts 157 7 The Sudan: How the committee failed to implement targeted sanctions 160 The political origins of the Sudan sanctions regime 162 The creation of the Sudan sanctions regime 165 Down the committee route 171 Bypassing the committee: The prelude to resolution 1672 (2006) 174 A committee without consensus 177 Concluding thoughts 184 8 The West vs. Iran: Sanctions in the context of nuclear non-proliferation 186 The political origins of the Iran sanctions regime 187 Down the Council route: Imposing rounds of sanctions packages 190 The committee route: Substantive criteria and independent evidence determine committee designations 198 The alternative route: Rule-based governance through opting for NSG and MTCR lists of proliferation-related items 205 Concluding thoughts 209 9 Conclusion: What can we learn from committee governance in the Security Council? 212 The Security Council as an international organization 220 Policy implications 222 References 226 Index 247