Introduction

The term sanction suffers from imprecision. Sanctions are normally understood as a subset of countermeasures, but it is not exactly clear how the ones are distinguished from the others. Although measures adopted unilaterally by a state against another – such as the suspension of diplomatic relations or restrictions on trade – are sometimes classified as sanctions, the term more commonly describes multilateral measures imposed by a group of states through the UN or another international organisation. The UN Charter contains no definition of sanctions, but the legal basis for their adoption by the Security Council is Article 41, which provides for measures not involving the use of armed force, including the total or partial interruption of economic and diplomatic relations and communication links. In the practice of states and international organisations the content of sanctions has varied – trade embargoes, the suspension of economic assistance, arms embargoes, travel bans and so on. A UN sanction regime will often consist of a combination of these measures.

Sanctions imposed by the UN are traditionally seen as a measure of last resort, harsh but preferable to what is often the next available option – the use of force. In President Wilson’s words, the theory behind sanctions is that ‘[a] nation that is boycotted is a nation that is in sight of surrender. Apply this economic, peaceful, silent, deadly remedy and there will be no need for force. It is a terrible remedy. It does not cost life outside the nation boycotted, but it brings a pressure upon the nation which, in my judgement, no modern nation could resist.’ This theory was put to the test on numerous occasions, and the instrument of sanctions has been honed over the years. Two considerations emerging from the experience of the past decades shape current approaches to sanctions. First, President Wilson’s idea that no modern nation can resist sanctions has not always been borne out by the facts. Secondly, growing attention has been given to the humanitarian impact of sanctions, and more generally to the morality of holding nations responsible, particularly since sanctions tend to be imposed on authoritarian countries for which claims about the collective responsibility of the population for the acts of their government are inapposite.