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UN Sanctions Reform - The Watson Institute for International Studies

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WORKSHOP ON<br />

<strong>UN</strong> <strong>Sanctions</strong> <strong>Re<strong>for</strong>m</strong><br />

16-17 July 2004<br />

Sponsored by the Governments of<br />

SWITZERLAND, GERMANY & SWEDEN<br />

In Cooperation With <strong>The</strong><br />

<strong>UN</strong>ITED NATIONS SECRETARIAT<br />

WATSON INSTITUTE FOR INTERNATIONAL STUDIES


Workshop on <strong>UN</strong> <strong>Sanctions</strong> 16-17 July 2004<br />

REPORT OF THE WORKSHOP ON <strong>UN</strong> SANCTIONS 2004<br />

Table of contents<br />

Executive summary……………………………………………………………………………..1<br />

1. Background and Objectives of the Workshop…………………………………………….. .2<br />

2. Expert Presentations………………………………………………………………………...4<br />

3. Summary of the Simulation Exercise……………………………………………………….8<br />

4. Advancing the Targeted <strong>Sanctions</strong> Agenda and Workshop Evaluation……………………13<br />

5. List of participants………………………………………………………………………….16<br />

Attachments: Simulation Exercise Parts 1 and 2


Workshop on <strong>UN</strong> <strong>Sanctions</strong> 16-17 July 2004<br />

DISCLAIMER<br />

Those participating in this workshop did so in their individual and not institutional capacity. It<br />

was understood that views expressed by participants at the workshop were not representative of<br />

their Governments or organizations. While expert presentations only were recorded <strong>for</strong> future<br />

training purposes, Chatham House rules applied to all discussion sessions.<br />

<strong>The</strong> in<strong>for</strong>mation contained in this report is presented as a summary of the discussions that<br />

occurred, observing this non-attribution policy. Further, the scenario presented during the<br />

workshop was created solely to engage participants in a discussion of the findings of the<br />

Interlaken, Bonn-Berlin and Stockholm Processes. <strong>The</strong> situation presented in the scenario<br />

exercise is fictional, and any resemblance between them and actual persons, authorities, entities<br />

or states is coincidental.<br />

<strong>The</strong> analysis presented here is the view of the researchers and is not necessarily endorsed by the<br />

Governments of Switzerland, Germany and Sweden, nor the United Nations Secretariat.<br />

Thomas J. Biersteker<br />

Sue E. Eckert<br />

Peter Romaniuk<br />

December, 2004<br />

Targeted Financial <strong>Sanctions</strong> Project<br />

<strong>Watson</strong> <strong>Institute</strong> <strong>for</strong> <strong>International</strong> <strong>Studies</strong><br />

Box 1970<br />

Brown University<br />

Providence RI 02912<br />

Ph 401-863 2809<br />

Fax 401-863 1270<br />

Email: tfs@brown.edu<br />

www.watsoninstitute.org/tfs<br />

© <strong>Watson</strong> <strong>Institute</strong> <strong>for</strong> <strong>International</strong> <strong>Studies</strong> 2004


Workshop on <strong>UN</strong> <strong>Sanctions</strong> 16-17 July 2004<br />

Executive Summary<br />

• Following the success of the May 2003 Workshop on <strong>UN</strong> <strong>Sanctions</strong> <strong>Re<strong>for</strong>m</strong>, the<br />

Governments of Switzerland, Germany and Sweden sponsored the Workshop on <strong>UN</strong><br />

<strong>Sanctions</strong>, held on 16-17 July 2004, and hosted by the <strong>Watson</strong> <strong>Institute</strong> <strong>for</strong><br />

<strong>International</strong> <strong>Studies</strong> and Brown University in Providence, Rhode Island. <strong>The</strong><br />

workshop was attended by current and incoming members of the <strong>UN</strong> Security<br />

Council, and other interested Member States.<br />

• <strong>The</strong> objectives of this workshop were twofold: first, to introduce members of the <strong>UN</strong><br />

Security Council – especially new members – to the sanctions re<strong>for</strong>m initiatives<br />

undertaken in the previous six years (specifically, the Interlaken, Bonn-Berlin and<br />

Stockholm Processes), and; second, to reflect upon new developments in the<br />

application of targeted sanctions.<br />

• To achieve these objectives, the workshop featured presentations by academic and<br />

practitioner experts on sanctions. In their presentations, the experts commented that:<br />

- Subsequent to the sanctions re<strong>for</strong>m processes, ongoing challenges in the design<br />

and implementation of targeted sanctions remain, e.g. in the development and<br />

maintenance of target lists, and in the targeting of non-state actors;<br />

- Targeted sanctions need to be integrated with other strategies if they are to be<br />

effective in dealing with transnational threats such as organized crime, drug<br />

trafficking, terrorism, and weapons proliferation;<br />

- <strong>The</strong> mandates of on-the-ground sanctions monitors need regularly revision to<br />

enable them to respond to evolving patterns of sanctions evasion; and<br />

- Experts serving on panels ought to be encouraged to observe robust<br />

methodological and evidentiary standards; their reports should be read along with<br />

other sources is determining further Council action.<br />

• In addition to the expert presentations, participants engaged in a Simulation Exercise,<br />

enabling them to apply the tools developed in the sanctions re<strong>for</strong>m processes, and to<br />

reflect on recent developments in the use targeted sanctions by the Council. In the<br />

course of group and plenary discussion, participants raised the following ideas:<br />

- Beyond the sanctions re<strong>for</strong>m processes, further work needs to be done to refine<br />

the use of targeted sanctions, e.g. enhancing the efficiency and effectiveness of<br />

listing procedures, improving the capacity of Member States and sequencing the<br />

imposition of sanctions, in order to change the behavior of the target; and<br />

- More broadly, the role of sanctions in novel circumstances (such as in postconflict<br />

situations) and in response to different kinds of threats (such as<br />

transnational threats from non-state actors) needs further thought and discussion.<br />

1


Workshop on <strong>UN</strong> <strong>Sanctions</strong> 16-17 July 2004<br />

1. Background and Objectives of the Workshop<br />

<strong>Sanctions</strong> remain a vital tool of the Security Council in its ef<strong>for</strong>t to promote international<br />

peace and security. Because of the harmful effects of comprehensive sanctions on<br />

civilian populations, multilateral ef<strong>for</strong>ts have been underway since 1998 to refine the<br />

sanctions instrument to become both more effective against the intended targets and less<br />

injurious to innocent civilians. <strong>The</strong> governments of Switzerland, Germany, and Sweden<br />

have each sponsored a series of expert meetings and reports resulting in<br />

recommendations <strong>for</strong> re<strong>for</strong>ms in the design and implementation of targeted sanctions. In<br />

1998 and 1999, the Swiss Government sponsored the Interlaken Process to explore the<br />

feasibility of targeted financial sanctions. <strong>The</strong> German Government hosted the Bonn-<br />

Berlin Process in 2000 focused on arms embargoes and travel and aviation-related<br />

sanctions. In 2002, the Stockholm Process gathered experts to address specific issues<br />

concerning the implementation of targeted sanctions, including recommendations <strong>for</strong><br />

<strong>Sanctions</strong> Committees and Expert Panels, as well as measures to enhance Member States’<br />

capacity to implement sanctions. 1<br />

While the manuals resulting from each process were disseminated to Security Council<br />

members upon their release, 2 organizers of the workshop recognized that new members<br />

of the Council and new staff in <strong>UN</strong> Missions did not participate in these discussions and<br />

there<strong>for</strong>e may not be familiar with these resources <strong>for</strong> drafting resolutions to impose and<br />

implement targeted sanctions.<br />

In May 2003, the first <strong>UN</strong> workshop on <strong>Sanctions</strong> <strong>Re<strong>for</strong>m</strong> was organized at the <strong>Watson</strong><br />

<strong>Institute</strong> <strong>for</strong> <strong>International</strong> <strong>Studies</strong> at Brown University in Providence, Rhode Island. 3<br />

Building on this success, on 16-17 July 2004, the Governments of Switzerland, Germany,<br />

and Sweden sponsored the second workshop on United Nations <strong>Sanctions</strong>, again hosted<br />

by the <strong>Watson</strong> <strong>Institute</strong>. <strong>The</strong> objectives of this workshop were twofold. First, to<br />

introduce members of the <strong>UN</strong> Security Council – especially new members – to the<br />

sanctions re<strong>for</strong>m initiatives undertaken in the previous six years (specifically, the<br />

Interlaken, Bonn-Berlin and Stockholm Processes), and to provide an opportunity to<br />

utilize the resulting tools to assist Member States in the design and implementation of<br />

targeted sanctions. Second, the 2004 workshop explored new developments in the<br />

application of sanctions, allowing policymakers to reflect upon these innovations.<br />

To achieve these objectives, the workshop was designed to encourage dialogue and<br />

interaction among Mission staff, <strong>UN</strong> Secretariat staff, and sanctions experts, and to<br />

facilitate an in<strong>for</strong>mal exchange helpful <strong>for</strong> future multilateral sanctioning ef<strong>for</strong>ts, should<br />

they emerge. Participants included each of the fifteen Member States currently on the<br />

1<br />

2<br />

3<br />

Summaries of the processes are available in: Targeted Financial <strong>Sanctions</strong> Project (<strong>Watson</strong><br />

<strong>Institute</strong>), “Background Paper on Targeted <strong>Sanctions</strong>,” Prepared <strong>for</strong> the Workshop on <strong>UN</strong><br />

<strong>Sanctions</strong>, 16-17 July, 2004, available at http://www.watsoninstitute.org/project_detail.cfm?id=4<br />

<strong>The</strong> Interlaken and Bonn-Berlin Manuals were presented to the Security Council in October 2001.<br />

<strong>The</strong> Stockholm Manual was presented to the Security Council in February 2003.<br />

“Report of the Workshop on <strong>UN</strong> <strong>Sanctions</strong> <strong>Re<strong>for</strong>m</strong>,” <strong>Watson</strong> <strong>Institute</strong> <strong>for</strong> <strong>International</strong> <strong>Studies</strong> (2-<br />

3 May 2003). http://www.watsoninstitute.org/project_detail.cfm?id=4<br />

2


Workshop on <strong>UN</strong> <strong>Sanctions</strong> 16-17 July 2004<br />

Security Council, as well as those joining the Council next year and other interested<br />

States. In addition, <strong>UN</strong> Secretariat staff and selected experts were invited to participate.<br />

For a complete list of participants, please see p. XX.<br />

Location and Format<br />

In light of previous experience organizing sanctions workshops with <strong>UN</strong> Missions and<br />

Secretariat staff, the <strong>Watson</strong> <strong>Institute</strong> hosted the meeting in Providence, Rhode Island.<br />

Approximately a three-hour train ride from New York, the venue provides an “off-site”<br />

environment conducive to in<strong>for</strong>mal exchanges comparable to other <strong>UN</strong> retreats, and<br />

permits an intensive, uninterrupted focus on the issues. Given the nature of the workshop,<br />

and based on feedback from past participants, the day and a half off-site <strong>for</strong>mat was<br />

chosen to maximize benefits and participation.<br />

<strong>The</strong> workshop opened with a plenary session featuring presentations by Professor Peter<br />

Wallensteen of the Department of Peace and Conflict Research, Uppsala University,<br />

Joseph Stephanides, Director of the Security Council Affairs Division, Department of<br />

Political Affairs, United Nations Secretariat, Alfred Fofie, <strong>UN</strong>MIL Director of Legal and<br />

Judiciary Systems Support Division and Alex Vines, Head of the Africa Programme at<br />

the Royal <strong>Institute</strong> <strong>for</strong> <strong>International</strong> Affairs, London. <strong>The</strong>ir topics included an overview<br />

of the Interlaken, Bonn-Berlin, and Stockholm processes; new developments in the<br />

application of sanctions, including new directions in the use of targeted sanctions;<br />

sanctions on the ground in Liberia, and the role of expert panels in monitoring sanctions.<br />

<strong>The</strong>ir presentations are summarized in Part 2 of this report.<br />

Following the opening plenary session, participants were introduced to the Simulation<br />

Exercise and divided into three working groups. <strong>The</strong> first part of the exercise encouraged<br />

participants to use the three sanctions re<strong>for</strong>m manuals and to draw on components of<br />

recent <strong>UN</strong> Security Council resolutions. Participants received a hypothetical scenario<br />

concerning the fictitious war-torn country of Arcadia. In response, the groups were asked<br />

to complete a draft resolution, drawing upon the manuals in order to design effective<br />

targeted sanctions on Arcadian industry and actors. Each group later presented their draft<br />

resolutions.<br />

On the following day, participants received an update on the situation in Arcadia.<br />

Participants were asked to consider how to revise the targeted sanctions in response to<br />

changes on the ground. <strong>The</strong> working groups were asked specifically to respond to the<br />

establishment of a peace agreement by drafting a list of recommendations <strong>for</strong> revising the<br />

targeted sanctions regime. <strong>The</strong>se results were presented and discussed later that morning<br />

when the groups came together <strong>for</strong> a closing session. A more detailed summary of the<br />

simulation exercise is provided in Part 3 of this report, and the full text of the scenario is<br />

provided in the attachments.<br />

Throughout the workshop, participants generated new ideas about the design and<br />

deployment of targeted sanctions. Nearly all participants agreed that the workshop<br />

helped to introduce them to new ways of thinking about sanctions. <strong>The</strong>se contributions,<br />

3


Workshop on <strong>UN</strong> <strong>Sanctions</strong> 16-17 July 2004<br />

as well as participants’ evaluations of the organizational aspects of the workshop, are<br />

summarized in Part 4.<br />

2. Expert Presentations<br />

To provide participants with an overview of the Interlaken, Bonn-Berlin and Stockholm<br />

Processes, new directions in targeted sanctions, and a perspective of targeted sanctions<br />

“on the ground” in Liberia, three presentations were made.<br />

Peter Wallensteen<br />

Professor Wallensteen began his comments by emphasizing that sanctions are a primary<br />

tool the <strong>UN</strong>SC has at its disposal to ensure international peace and security. While the<br />

Council increasingly utilizes sanctions to manage crises, a lack of political will to<br />

continue engagement with nations after the sanctions are lifted remains problematic.<br />

Professor Wallensteen used the example of Haiti, where successful sanctions in 1994<br />

were followed by reduced assistance and a lack of international engagement, which led to<br />

a crisis situation ten years later. <strong>The</strong> <strong>UN</strong>SC needs to consider the entire sanctions process<br />

be<strong>for</strong>e committing to a sanctions regime.<br />

Following brief descriptions of the Interlaken, Bonn-Berlin, and Stockholm processes,<br />

Professor Wallensteen discussed some of the key challenges in <strong>for</strong>mulating and<br />

implementing targeted sanctions.<br />

Regarding the <strong>for</strong>mulation of targeted sanctions, Professor Wallensteen identified the<br />

development of target lists (where individuals are targeted) as critical in determining<br />

sanctions outcomes. Precision is required to ensure that sanctions are effective and do<br />

not cause any undue harm. Appropriate criteria <strong>for</strong> listing individuals and entities, and a<br />

clear process <strong>for</strong> delisting are important factors in this regard. Other challenges in<br />

<strong>for</strong>mulating targeted sanctions include unique factors associated with non-state actors and<br />

commodities.<br />

Concerning implementation, Professor Wallensteen highlighted the dual necessities of<br />

political will and capacity on the part of Member States to implement the sanctions fully.<br />

In addition, there ought to be a reporting mechanism <strong>for</strong> each sanctions regime, to ensure<br />

compliance. Playing a supporting role, the Secretariat may require additional resources<br />

to process all of the in<strong>for</strong>mation provided in Member State reports.<br />

<strong>The</strong> presentation concluded with Professor Wallensteen recalling that sanctions had only<br />

been used by the Security Council a total of 14 times since the end of the Cold War. In<br />

this same period, there have been more than 115 armed conflicts. Each crisis needs to be<br />

carefully evaluated to determine the likely effectiveness of sanctions. Professor<br />

Wallensteen stated that targeted sanctions were far more credible and functional than the<br />

sanctions regimes of the past and that even the threat of targeted sanctions was likely to<br />

be taken seriously by Member States. While sanctions remain a primary tool of the<br />

Security Council, there needs to be serious consideration of their <strong>for</strong>mulation and<br />

4


Workshop on <strong>UN</strong> <strong>Sanctions</strong> 16-17 July 2004<br />

implementation be<strong>for</strong>e they are imposed, as well as a sustained commitment to those<br />

States affected by the sanctions after they are lifted.<br />

In response to Professor Wallensteen’s comments participants expressed an interest in<br />

research that identified the kinds of crises <strong>for</strong> which sanctions would be an appropriate<br />

response. Participants further queried Professor Wallensteen if targeted sanctions had<br />

proven more effective when directed at state actors or non-state actors. Professor<br />

Wallensteen responded by stating that this had not been explored systematically:<br />

however, it was likely that state actors would be more affected because sanctions are<br />

designed to alter the political behavior of accountable actors concerned with norms and<br />

international reputation. In the course of the discussion, participants also noted recent<br />

work on a new methodology <strong>for</strong> undertaking humanitarian impact assessments developed<br />

by the governments of Canada and Switzerland, which promises to be a useful<br />

component of sanctions monitoring.<br />

Joseph Stephanides<br />

Mr. Stephanides began by citing Article 41 of the <strong>UN</strong> Charter to explain why the <strong>UN</strong> has<br />

utilized the tool of economic sanctions. He recalled the need <strong>for</strong> a credible threat that is<br />

more compelling than diplomatic pressure but does not entail the use of <strong>for</strong>ce to maintain<br />

peace and security in the world. He reiterated the <strong>UN</strong> Secretariat’s commitment to<br />

sanctions regimes and expressed his desire <strong>for</strong> sanctions to continue to be an effective<br />

policy instrument in the future. Targeted sanctions, however, cannot accomplish their<br />

goals if they are not complemented by other approaches and remedies. <strong>The</strong>re<strong>for</strong>e, they<br />

need to be integrated with other strategies, especially those designed to deal with serious<br />

transnational threats such as organized crime, drug trafficking, terrorism, and weapons<br />

proliferation.<br />

Mr. Stephanides acknowledged that sanctions supporting states emerging from conflict<br />

with transitional governments is indeed a significant development in the evolution of<br />

sanctions, and recommended that the role of “facilitatative targeted sanctions” be<br />

explored further. He cautioned against overuse or relying too heavily upon shorthand<br />

terms, as identifying this trend too closely with facilitation could inadvertently result in<br />

more traditional uses of the instrument losing credibility. What is new about facilitative<br />

sanctions is that the purpose and the benchmarks <strong>for</strong> their lifting are not primarily<br />

focused on changing the behavior of a target, but rather ensuring that a nascent political<br />

entity achieves certain goals, thereby preventing the re-ignition of conflict. In addition,<br />

when the targeted entity has the support of the international community, sanctions are<br />

more likely to be seen as a means of strengthening rather than weakening<br />

In his presentation, Mr. Stephanides related recent developments in the use of sanctions,<br />

including delisting procedures and procedures <strong>for</strong> granting exemptions from asset<br />

freezes. Panel of Experts reports are important in verifying progress, and increased<br />

specificity and selectivity of all types of sanctions are proving helpful. Private sector<br />

engagement in the sanctions process could also increase the effectiveness of targeted<br />

sanctions.<br />

5


Workshop on <strong>UN</strong> <strong>Sanctions</strong> 16-17 July 2004<br />

Mr. Stephanides closed by reminding the group that “smart sanctions,” even as they<br />

become more sophisticated, may not be enough to induce compliance and that other<br />

coercive measures may be needed to complement sanctions regimes. He concluded that<br />

the threat of sanctions as a <strong>for</strong>m of preventive diplomacy was becoming more and more<br />

viable, as targeted sanctions regimes continued to experience success.<br />

Alfred Fofie<br />

Mr. Fofie’s presentation focused on two main themes: the current role of <strong>UN</strong>MIL in<br />

facilitating the monitoring and implementation of sanctions and how <strong>UN</strong>MIL’s mandate<br />

could be expanded to further strengthen the sanctions regime. <strong>The</strong> provisions of <strong>UN</strong>SCR<br />

1521 (2003) call <strong>for</strong> the rein<strong>for</strong>cement of an arms embargo on Liberia (with exceptions<br />

<strong>for</strong> <strong>UN</strong>MIL), the reimposition of a travel ban <strong>for</strong> those individuals listed by the <strong>Sanctions</strong><br />

Committee, and the reimposition of sanctions on diamonds and timber. For the Security<br />

Council to consider lifting the sanctions, the transitional government of Liberia must<br />

meet certain targets regarding transparency and stability.<br />

Regarding <strong>UN</strong>MIL’s current monitoring activities, Mr. Fofie commented that <strong>UN</strong>MIL<br />

was continuing to deploy throughout the country, but had found no actionable evidence<br />

of illegal timber exports, diamond mining or travel ban violations. <strong>The</strong> monitoring<br />

activities undertaken by <strong>UN</strong>MIL are comprised of two parts. First, <strong>UN</strong>MIL provides<br />

general support <strong>for</strong> government ef<strong>for</strong>ts to monitor sanctions. Second, <strong>UN</strong>MIL’s mandate<br />

includes some specific monitoring tasks. <strong>The</strong>se include assisting the transitional<br />

government in establishing authority throughout Liberia and ensuring proper use of<br />

natural resources. <strong>The</strong> combination of these two activities has allowed <strong>UN</strong>MIL to limit<br />

the conditions that have made sanctions busting possible in the past.<br />

Reflecting on <strong>UN</strong>MIL’s mandate, Mr. Fofie noted the significant limits to <strong>UN</strong>MIL’s role<br />

in the monitoring process. Most of the burden <strong>for</strong> monitoring is placed on the transitional<br />

government, which is both ill-equipped to deal with sanctions busting and lacks the<br />

political will to do so. With regard to travel bans, <strong>UN</strong>MIL is aware that some listed<br />

individuals do cross the border. But, as it lacks the appropriate mandate, <strong>UN</strong>MIL cannot<br />

stop these individuals from leaving the country. Mr. Fofie further stated that <strong>UN</strong>MIL has<br />

been asked to play a role in border control. <strong>The</strong> borders in West Africa are notoriously<br />

porous, creating a permissive environment <strong>for</strong> sanctions evasion. Currently, <strong>UN</strong>MIL<br />

lacks the mandate to take action when it observes sanctions busting in progress and must<br />

rely on the transitional government to respond.<br />

Mr. Fofie closed by recommending that the <strong>UN</strong> Security Council empower <strong>UN</strong>MIL to<br />

take action when sanctions-busting is observed, possibly through the establishment of a<br />

joint managing committee (JMC) that would allow <strong>UN</strong>MIL and the transitional<br />

government to mutually rein<strong>for</strong>ce each other’s monitoring ef<strong>for</strong>ts.<br />

Alex Vines<br />

6


Workshop on <strong>UN</strong> <strong>Sanctions</strong> 16-17 July 2004<br />

Mr. Vines discussed the Panels of Experts that are mandated to report on the effects of<br />

sanctions in targeted countries. In<strong>for</strong>med by his personal experience as a panelist, Mr.<br />

Vines made four main points regarding the effectiveness of Expert Panels and the<br />

subsequent use of the reports by sanctions committees and the Security Council.<br />

First, Mr. Vines stressed that political will on the part of Member States is necessary <strong>for</strong><br />

effective Expert Panels. Great care and thought are needed in specifying each panel’s<br />

mandate, in order <strong>for</strong> the experts to have clarity about their mission. Further, mandates<br />

should have some flexibility to account <strong>for</strong> changes on the ground.<br />

Second, Mr. Vines discussed the staffing of the Expert Panels, which he characterized as<br />

a “prime responsibility of the Secretariat.” Geographic and ethnic factors are important<br />

considerations when determining the composition of a Panel of Experts. Also, the Panel<br />

should have both the technical expertise necessary <strong>for</strong> the mission and reflect the variety<br />

of perspectives within the <strong>UN</strong>. Creative tension among individual experts often improves<br />

the quality of reporting. In addition, Mr. Vines noted that the ad hoc nature of panel<br />

work should not preclude the recruitment of top experts to serve. Rather, a semipermanent<br />

capacity is needed to fill panels optimally, utilizing a rotation of individual<br />

experts among panels. In this way, new experts may be groomed using an understudy<br />

system.<br />

Third, regarding the challenges of gathering, using and storing data, Mr. Vines<br />

recommended that panels observe robust methodological and evidentiary standards.<br />

(Attaching primary documents as appendices is a useful approach here). <strong>The</strong> <strong>UN</strong> ought<br />

to archive all of the records used in Panel reports, including primary documents and the<br />

field notes of the Experts. Criteria may be established to permit the release of this<br />

in<strong>for</strong>mation to the public. <strong>The</strong> realities of field work were discussed briefly, with Mr.<br />

Vines highlighting the amount of misin<strong>for</strong>mation the Experts receive, including from the<br />

Member States of the Security Council. When working in the field, panels have moral<br />

authority only, derived from their commitment to independence and transparency. Under<br />

these conditions, in<strong>for</strong>mation cannot be purchased.<br />

Finally, Mr. Vines cautioned that Panel of Expert reports should not be considered the<br />

final word on the topic. Experts are only a group of people employed to do a job. <strong>The</strong><br />

evidence in the Reports needs to be considered along with other sources, such as NGO<br />

and press reports, and other country in<strong>for</strong>mation.<br />

In response to Mr. Vines’ comments, participants placed Expert Panels in the broader<br />

context of sanctions en<strong>for</strong>cement and monitoring. Past approaches were raised in this<br />

regard. For example, the experience of the <strong>Sanctions</strong> Assistance Missions (SAMs) in the<br />

Yugoslavia case is generally regarded positively. However, the use of SAMs in often<br />

hampered by the lack of resources and political will. Alternatively, the use of private<br />

sector monitors was regarded as a mixed experience by some. Here, it may be more<br />

feasible to use private sector experts as panel members.<br />

7


Workshop on <strong>UN</strong> <strong>Sanctions</strong> 16-17 July 2004<br />

3. Summary of Simulation Exercise<br />

For much of the workshop, participants were engaged in “learning by doing,” by taking<br />

part in a simulation exercise. <strong>The</strong> exercise was planned in two parts, in line with the<br />

goals of the workshop – familiarization with the three sanctions re<strong>for</strong>m processes and<br />

reflection upon recent developments in the use of targeted sanctions. Participants were<br />

briefed on a simulated crisis in the country of Arcadia and, over the course of two days,<br />

were asked to consider the role of targeted sanctions in responding to that crisis as it<br />

evolved. To facilitate this, participants were divided into three working groups. Each<br />

group was assigned a discussion facilitator provided by the <strong>Watson</strong> <strong>Institute</strong>’s Targeted<br />

<strong>Sanctions</strong> Project. In addition to hard copies of the manuals (which were distributed at<br />

the workshop), discussions were aided by the use of technology. Specifically, each<br />

working group space featured a laptop and projector screen, operated by a research<br />

assistant. On each computer were preliminary copies of the “[<strong>Sanctions</strong> CD],” currently<br />

being developed by the <strong>Watson</strong> <strong>Institute</strong>. <strong>The</strong> CD contains the electronic versions of the<br />

three manuals, copies of the model text developed through each of the processes, as well<br />

as every Security Council resolution imposing targeted sanctions. 4 By using these tools,<br />

participants could draft interactively, and debate the text of past resolutions in light of the<br />

case at hand. Each working group nominated a spokesperson to present the working<br />

group discussions <strong>for</strong> a plenary session held at the conclusion of each day. <strong>The</strong> full text<br />

of the simulation exercise is provided in Attachments X and XX. <strong>The</strong> results are<br />

summarized below.<br />

Targeted sanctions and the response to violence in Arcadia<br />

At the commencement of the simulation exercise, participants were presented with a<br />

fictitious fact situation, involving the collapse of a peace accord and the re-escalation of<br />

conflict between government and rebel <strong>for</strong>ces in the country of Arcadia (see Attachment<br />

X). <strong>The</strong>y were in<strong>for</strong>med that Member States of the Security Council were unanimous in<br />

believing that targeted sanctions were the appropriate response to the violations of human<br />

rights, and other grave abuses, occurring in the territory of Arcadia. Indeed, participants<br />

were given a partially drafted resolution (“Resolution 1713 (2006)”) and asked to<br />

conclude the drafting process by finalizing the operational paragraphs. In doing so, they<br />

were to decide which kinds of targeted sanctions to impose and how to enact these<br />

prohibitions, drawing directly upon the three sanctions re<strong>for</strong>m manuals and recent<br />

Security Council resolutions.<br />

In response to the drafting exercise, each working group discussed a wide range of issues<br />

relating to the imposition of targeted sanctions on Arcadia, including the kinds of<br />

prohibitions to be imposed, the language to be used to craft the prohibitions, the<br />

challenges of en<strong>for</strong>cement, potential humanitarian impacts, other possible unintended<br />

consequences, procedures <strong>for</strong> listing and delisting, and questions regarding monitoring<br />

and assessment. Broadly, in completing Resolution 1713, each of the working groups<br />

utilized a range of targeted sanctions, including aviation and travel bans, a timber<br />

embargo, and financial assets freeze (NB: under the facts given in the simulation<br />

4<br />

For details regarding the distribution of the CD, please email tfs@brown.edu.<br />

8


Workshop on <strong>UN</strong> <strong>Sanctions</strong> 16-17 July 2004<br />

exercise, an arms embargo was already in place on combatants within Arcadia).<br />

However, groups differed in the precise mix of measures to be imposed, citing diverse<br />

reasons <strong>for</strong> taking their various approaches. For example, one group shaped the<br />

imposition of prohibitions such as to maximize pressure on the parties, given their<br />

unwillingness to enter into a political process. A further group preferred the gradual<br />

intensification of measures, imposing targeted timber sanctions alone in Resolution 1713,<br />

and threatening to extend targeted sanctions to other sectors if the target’s behavior did<br />

not change.<br />

Recognizing timber as an essential source of revenue <strong>for</strong> both parties of the conflict, all<br />

three groups decided to impose timber embargoes. In reaching this decision, each of the<br />

groups scrutinized the economic, historic, and demographic in<strong>for</strong>mation on Arcadia; in<br />

the end, each group was satisfied that the impact on civilians would be limited. As an<br />

additional safeguard, each of the resolutions that resulted from the working groups called<br />

<strong>for</strong> regular assessments of the humanitarian impact of such sanctions. In outlining further<br />

provisions <strong>for</strong> implementing the timber ban, however, one group called <strong>for</strong> tactical<br />

maritime assistance <strong>for</strong> en<strong>for</strong>cing the embargo, as well as the “naming and shaming” of<br />

corporations involved in the Arcadian timber trade. Two groups modeled their timber<br />

export bans on recent Security Council resolutions, 1478 (2003) and 1521 (2003). In one<br />

case, this included specifying a time limit <strong>for</strong> the embargo (ten-months). After this<br />

period the embargo would be reviewed, with the potential <strong>for</strong> extension. Working groups<br />

also discussed specific en<strong>for</strong>cement challenges, such as discerning timber originating in<br />

Arcadia from that harvested in neighboring Warwick.<br />

In addition to sanctions targeted upon the timber sector, the working groups debated the<br />

imposition of targeted sanctions on individuals, including travel bans and targeted<br />

financial sanctions. <strong>The</strong> approach to listing such individuals differed among working<br />

groups. Using language from the Interlaken manual, one group compiled an open list of<br />

targets <strong>for</strong> both a financial assets freeze and a travel ban. <strong>The</strong> group’s list included all of<br />

the principal actors described in the simulation fact situation, and their immediate family<br />

members. In another group, participants initially suggested targeting all members of the<br />

government, the rebels, and their respective supporters. But, on reflection, the group<br />

decided that it would be more feasible to limit the sanctions to senior government and<br />

rebel leaders, their families, and close associates. This group’s resolution contained an<br />

annex that listed targeted individuals and extended sanctions to “legal persons owned or<br />

controlled, directly or indirectly, by targeted individuals and entities listed in Annex A.”<br />

<strong>The</strong>ir resolution also enabled the <strong>Sanctions</strong> Committee to add or remove individuals from<br />

the annex. <strong>The</strong> final group extended a travel ban and financial sanctions to those<br />

“obstructing and violating the measures of the peace process,” which included all rebel<br />

and government leaders involved in the fighting, although family members were not<br />

explicitly targeted. <strong>The</strong> matter of whether to target Arcadian President Ruther<strong>for</strong>d<br />

Simmons drew each group into a lengthy discussion. His role in the scenario was<br />

ambiguous. While he had a constructive attitude toward peace talks, he lacked the ability<br />

to control government officials involved in abuses. For this latter reason, all groups<br />

decided to include Simmons among the government officials identified in any list of<br />

targeted individuals. Finally, all three groups decided that exemptions to the travel ban<br />

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Workshop on <strong>UN</strong> <strong>Sanctions</strong> 16-17 July 2004<br />

and assets freeze should be granted on a case-by-case basis <strong>for</strong> humanitarian purposes<br />

such as health care or participation in peace negotiations.<br />

Two groups called <strong>for</strong> an aviation ban on AirARMS, the airline of suspected arms-dealer,<br />

Paul Armstrong. Drawing on the Bonn-Berlin Manual, one such group decided that all<br />

states “shall take all measures to deny permission to any aircraft to take off from, land in<br />

or overfly their territory if that aircraft is owned, leased, controlled or operated on behalf<br />

of AirARMS.” One group did not impose an aviation ban, instead relying on an assets<br />

freeze on Paul Armstrong to curtail the illicit activities of AirARMS.<br />

<strong>The</strong> groups’ final challenge was to devise methods to monitor and en<strong>for</strong>ce the new<br />

targeted sanctions regime. Each group suggested engaging regional and international<br />

organizations and expanding the mandate of the <strong>UN</strong> Mission in Arcadia (<strong>UN</strong>MIA) to<br />

achieve this. In each group, the task of assessing the progress of the peace process and<br />

maintaining a watching brief on the utility of sanctions was delegated to the <strong>Sanctions</strong><br />

Committee. One group also tasked the Committee with receiving reports on sanctions<br />

implementation from all member countries, and reporting any violations of the sanctions.<br />

A further group, using language from the Interlaken Manual, called <strong>for</strong> member states to<br />

provide support to the Committee towards these ends, <strong>for</strong> example, by notifying the<br />

<strong>Sanctions</strong> Committee of the actions of targeted persons or entities, and <strong>for</strong>warding any<br />

relevant in<strong>for</strong>mation to the Committee. In addition to the Committee, one group also<br />

called <strong>for</strong> the <strong>for</strong>mation of a <strong>Sanctions</strong> En<strong>for</strong>cement Team.<br />

While a Panel of Experts had been created in a prior resolution, one group expanded it to<br />

include appointees with experience in the new sanction areas. Further, this group<br />

directed the Panel to monitor the implementation of sanctions and offer recommendations<br />

<strong>for</strong> increasing the en<strong>for</strong>cement capabilities of Arcadia and its neighbors. In addition, the<br />

group requested that ECOSOC establish an ad hoc advisory group to assist in coping with<br />

all aspects of the crisis, including political issues, humanitarian problems, and<br />

reconstruction. In order to monitor the effects of the sanctions regime (especially<br />

humanitarian effects), another group requested quarterly reports from the <strong>UN</strong> Secretary<br />

General’s office. This group also decided to renew the mandate of the Panel of Experts<br />

and request additional help from neighboring states in deploying <strong>Sanctions</strong> Assistance<br />

Missions (SAMs). Finally, members of the final group to present stressed the importance<br />

of stating that those responsible <strong>for</strong> the violent atrocities receive no impunity. <strong>The</strong> group<br />

discussed the possible role of the <strong>International</strong> Criminal Court (ICC) or an internationally<br />

supported fact-finding commission to investigate atrocities including, the deaths of 5,000<br />

Arcadians and 25 <strong>UN</strong> workers in a spate of violence in December 2005.<br />

<strong>The</strong> role of targeted sanctions in responding to changed facts on the ground<br />

On the second day of the workshop, participants were in<strong>for</strong>med that 13 months had<br />

elapsed since the targeted sanctions they designed on the previous day had been imposed.<br />

On this basis, they were given a revised briefing (see Attachment XX), in the <strong>for</strong>m of an<br />

Expert Panel Report on developments in Arcadia subsequent to the imposition of targeted<br />

sanctions. <strong>The</strong> most important development was the conclusion of a peace agreement,<br />

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Workshop on <strong>UN</strong> <strong>Sanctions</strong> 16-17 July 2004<br />

signed by both sides in the conflict. A national unity government, including both rebel<br />

and <strong>for</strong>mer government officials, had been <strong>for</strong>med, and was charged with preparing the<br />

country <strong>for</strong> elections. However, the Experts referred to evidence that all parties remained<br />

susceptible to the illegal extraction of Arcadian resources, and that there was no process<br />

to monitor Arcadia’s ex-combatants in this regard. In short, the threat to domestic and<br />

regional stability remained, so long as the <strong>for</strong>mer fighters now in government were not<br />

subject to rigorous oversight, especially in their dealings with the country’s natural<br />

resources. <strong>The</strong> working groups were asked to meet in an in<strong>for</strong>mal setting, to develop<br />

recommendations <strong>for</strong> a meeting of the <strong>Sanctions</strong> Committee that would follow.<br />

In response, all of the working groups agreed that the sanctions needed to be modified to<br />

reflect the new reality. But they also noted that most of the prohibitions should not be<br />

lifted immediately, in order to avoid a rapid increase in resources to <strong>for</strong>mer combatants<br />

and the (likely) resumption of the conflict. <strong>The</strong> groups also reached a consensus that the<br />

goals of the ongoing sanctions should be to provide all parties with an incentive to<br />

participate in the peace process and assure the stability and transparency of the new<br />

government. Two groups highlighted the need <strong>for</strong> any new resolution to include clear<br />

benchmarks <strong>for</strong> the lifting of sanctions, to ensure that all parties would benefit from<br />

progress toward peace.<br />

Without exception, the groups continued the arms ban until demobilization and<br />

disarmament were verified. In addition, each group decided to continue the timber ban<br />

until the new government had established transparency in the timber industry and was<br />

prepared to invest the profits from timber exports in the best interest of the people of<br />

Arcadia. One group granted a Panel of Experts 45 days to craft a certification scheme <strong>for</strong><br />

Arcadian timber, which would enable the lifting of sanctions upon implementation.<br />

Another group called <strong>for</strong> the establishment of a joint timber commission within the<br />

Arcadian government, staffed by <strong>UN</strong> experts (including from <strong>UN</strong>MIA), Arcadian<br />

government officials, international timber experts, representatives of the international<br />

financial institutions, and regional development bodies. Until this commission was<br />

operative, this group decided, the Security Council could only allow limited exports from<br />

Arcadia, with the proceeds kept in a transparent escrow account to be used <strong>for</strong><br />

humanitarian purposes.<br />

<strong>The</strong> groups also discussed how best to modify the travel ban. All groups lifted the travel<br />

ban <strong>for</strong> members of the new government, to permit travel on state business and in support<br />

of the peace process. However, all groups maintained the travel ban on individuals who<br />

continued to impose a threat to the peace process, such as arms dealer Paul Armstrong.<br />

Two groups also specifically tasked the <strong>Sanctions</strong> Committee to update immediately the<br />

targeting lists <strong>for</strong> both travel and financial sanctions to bring them into line with current<br />

developments. Both of the groups that imposed aviation bans on AirARMS maintained<br />

them without modification.<br />

<strong>The</strong>re were two distinct approaches to lifting targeted financial sanctions. One group<br />

lifted these measures immediately <strong>for</strong> all members of the new government, though it<br />

maintained them <strong>for</strong> others (who continued to be listed <strong>for</strong> the travel ban). This group<br />

11


Workshop on <strong>UN</strong> <strong>Sanctions</strong> 16-17 July 2004<br />

reasoned that the difficulty of en<strong>for</strong>cing the asset freeze in the new political environment<br />

made lifting the sanctions the most practical option, and that the return of assets to<br />

members of the government would reward them <strong>for</strong> their participation in the peace<br />

process. However, other groups thought that unfreezing these assets immediately could<br />

result in instability, e.g. access to financial resources might induce actors to defect from<br />

the peace process. <strong>The</strong>se groups preferred not to release the frozen assets of members of<br />

the new government <strong>for</strong> this reason. Still, one of these groups limited the financial ban to<br />

those assets acquired in the past, permitting members of the new government to re-enter<br />

the financial system as a reward <strong>for</strong> participation in the peace process. Past funds would<br />

be released following democratic elections.<br />

Where assets remained frozen, groups debated how to manage these funds. <strong>The</strong> working<br />

groups independently agreed that a mechanism should exist to determine which frozen<br />

funds were illegally obtained. Illicit funds were “stolen from the people” and thus should<br />

be used <strong>for</strong> development and reconstruction in Arcadia, participants noted. One<br />

suggestion in this regard was that, following investigation, and given the successful<br />

completion of democratic elections, such funds could be turned over to the government.<br />

<strong>The</strong> groups also revised the mandate of the <strong>UN</strong> Mission in Arcadia, to play an effective<br />

supporting role in the reconstruction of Arcadia and the en<strong>for</strong>cement of the ongoing<br />

sanctions regime. All three groups extended <strong>UN</strong>MIA’s mandate to permit searches <strong>for</strong><br />

materials (such as arms and timber) being traded in violation of the remaining sanctions,<br />

and to enable seizure of any illicit materials discovered. In addition, all three groups<br />

charged <strong>UN</strong>MIA with assisting the government with disarmament, demobilization and<br />

reintegration (DDR) and other tasks where <strong>UN</strong> authority and expertise was necessary.<br />

One group recast <strong>UN</strong>MIA as a peacekeeping <strong>for</strong>ce throughout the territory of Arcadia.<br />

Another group limited <strong>UN</strong>MIA’s mandate to focus on protecting <strong>UN</strong> and humanitarian<br />

workers in Arcadia, and monitoring Arcadia’s borders.<br />

Finally, the groups each developed ways to assist in the reconstruction and development<br />

of Arcadia. Each group proposed that the <strong>UN</strong> host a donor conference, where funds<br />

would be raised <strong>for</strong> reconstruction in Arcadia. In addition, two groups suggested that the<br />

<strong>UN</strong> should look to regional organizations, such as ASEAN and the Asian Development<br />

Bank, <strong>for</strong> leadership in the reconstruction of Arcadia. One group debated whether or not<br />

the <strong>UN</strong> was the best agency to direct the reconstruction of Arcadia when many other<br />

organizations, such as the World Bank and IMF, usually have more influence in this area.<br />

This group concluded that the <strong>UN</strong> should consider establishing a standing body or agency<br />

to coordinate and direct reconstruction ef<strong>for</strong>ts. Another group suggested involving<br />

international financial institutions to facilitate debt relief. Lastly, one group<br />

recommended the establishment of a “Truth and Reconciliation Commission” to<br />

investigate the human rights abuses committed during the conflict and assist with the<br />

creation of a sustainable peace in Arcadia. <strong>The</strong> group suggested that the <strong>International</strong><br />

Criminal Court could assist in bringing justice to Arcadia.<br />

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Workshop on <strong>UN</strong> <strong>Sanctions</strong> 16-17 July 2004<br />

4. Advancing the Targeted <strong>Sanctions</strong> Agenda and Workshop Evaluation<br />

At the conclusion of the workshop, participants were provided the opportunity to give<br />

feedback on the kinds of issues that would benefit from discussion in possible future<br />

workshops, in addition to assessing the success of the workshop in achieving the stated<br />

goals. Through a general plenary discussion and written evaluations, participants’ views<br />

were sought on the full range of substantive and administrative matters in planning the<br />

workshop.<br />

Continuing to advance our understanding of targeted sanctions:<br />

Substantive ideas <strong>for</strong> future discussion<br />

In the course of workshop discussions, and especially in the concluding plenary,<br />

presenters and participants raised a number of key substantive issues to be addressed in<br />

moving <strong>for</strong>ward with the targeted sanctions agenda. <strong>The</strong>se may be grouped under two<br />

headings:<br />

(1) Building on the sanctions re<strong>for</strong>m processes to refine the targeted sanctions tool<br />

Participants all acknowledged the utility of the recommendations put <strong>for</strong>ward as part of<br />

the sanctions re<strong>for</strong>m processes. Indeed, many of the specific findings of the processes<br />

have been implemented in practice. However, participants also reflected that these<br />

recommendations are now up to five years old. <strong>The</strong> interceding period has revealed areas<br />

in which further refinements to the targeted sanctions tool are needed. For example, the<br />

effectiveness of current listing and delisting processes could be improved. Specifically,<br />

there may be a need to evaluate the kinds of in<strong>for</strong>mation used to justify inclusion on lists,<br />

and the procedures <strong>for</strong> delisting. Regarding Expert Panels, there would be some benefit<br />

in analyzing the capability and utility of including humanitarian assessments in the<br />

experts’ mandates. Further, questions have emerged regarding the sequencing of<br />

sanctions measures. To improve leverage over the targets, multiple resolutions could be<br />

used in imposing different kinds of targeted sanctions (perhaps initiated with targeted<br />

financial sanctions, which require timely passage and implementation). In these and<br />

other areas, <strong>for</strong>mer targets of sanctions may be a useful source of in<strong>for</strong>mation about the<br />

effects of sanctions.<br />

While new questions have arisen regarding the operation of targeted sanctions, others are<br />

enduring, suggesting that new ways of approaching issues be considered. For example,<br />

participants observed that the international community is yet to develop mechanisms to<br />

improve the capacity of Members States to implement targeted sanctions.<br />

(2) Targeted sanctions in an evolving political context<br />

Again pointing to the passage of time since the findings of the sanctions re<strong>for</strong>m processes<br />

were published, participants noted that the broader context in which targeted sanctions<br />

are implemented has changed, giving rise to a number of novel challenges. For example,<br />

we have little experience in the role that targeted sanctions ought to play in considering<br />

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Workshop on <strong>UN</strong> <strong>Sanctions</strong> 16-17 July 2004<br />

multilateral approaches to “nation-building.” Often, the conclusion of a sanctions case<br />

marks the beginning of the nation-building process. In some of these cases, sanctions<br />

may retain an important role in that process. <strong>The</strong>se links warrant further elaboration.<br />

Most broadly, the role of the Council and the <strong>UN</strong> in post-conflict situations requires<br />

closer examination.<br />

Importantly, a number of presenter and participants expressed the need to evaluate the<br />

role of sanctions (as part of broader strategies) in responding to non-state actors that pose<br />

transnational threats, whether by virtue of their involvement in transnational crime,<br />

terrorism, trafficking in WMD components, etc. <strong>The</strong>se situations are becoming more<br />

prevalent (the inclusion of the figure of arms dealer Paul Armstrong pointed to these<br />

issues).<br />

Finally, since the conclusion of the sanctions re<strong>for</strong>m processes, the international criminal<br />

court as come into being. Many participants suggested that the relationship between the<br />

imposition of sanctions and the new architecture <strong>for</strong> international justice warrants<br />

examination.<br />

Participants’ views on the organization of the workshop<br />

Twenty-nine participants submitted written evaluations concerning the organization of<br />

the workshop, answering both open-ended questions as well as rating aspects of the<br />

workshop on a one-to-ten scale (ten being the highest possible score).<br />

Overall, participants found the workshop to be valuable. Asked to evaluate how effective<br />

the workshop was at illuminating key issues, participants responded with an average<br />

score of 8.8. One participant found the workshop “very interesting and in<strong>for</strong>mative. As<br />

someone working in the field it was an eye-opener.”<br />

A primary goal of the workshop was to familiarize participants with the three re<strong>for</strong>m<br />

processes and manuals. While some participants noted that they were “already familiar”<br />

with the manuals, almost all of the others (23 out of 25) agreed that the conference helped<br />

them gain more experience with these materials. One participant recommended taking<br />

the time to review the manuals in “greater detail,” while another felt that it was more<br />

important “to try to think beyond the existing resolutions on sanctions and to bring fresh<br />

new ideas to deal with sanctions.”<br />

Many participants noted that some of the greatest benefits of the workshop were<br />

“enhanced collegiality,” “interaction with colleagues in in<strong>for</strong>mal setting,” and<br />

“networking” opportunities. Similarly, participants stated that the expert presentations<br />

were a highlight of the workshop. One attendee wrote that, “It was extremely useful<br />

having someone like Mr. Alfred Fofie present. He was in a position to brief us on the<br />

implications of Council decisions <strong>for</strong> the situation on the ground.” Other attendees<br />

suggested inviting additional experts from the NGO community to provide further<br />

insights.<br />

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Workshop on <strong>UN</strong> <strong>Sanctions</strong> 16-17 July 2004<br />

<strong>The</strong> simulation exercise received a score of 8.3. Regarding the construction of the<br />

scenario, some participants expressed an interest in role-playing, or structuring the<br />

discussion in other ways. Suggestions include adding “two opposing sides in the group...<br />

regardless of one’s position on the hypothesis” or giving participants “mock instructions”<br />

and asking them to “defend a national position.” However, others praised the workshop<br />

<strong>for</strong> fostering an “objective approach ... far from the national background position” and<br />

stated that the “free and in<strong>for</strong>mal discussions allowed people to express their own views.”<br />

Another characterized the discussions as “frank and open.”<br />

Describing the value of the workshop <strong>for</strong> their future planning, participants wrote that it<br />

provided a “good incentive to <strong>for</strong> further in-depth involvement in sanctions” and was<br />

“excellent training <strong>for</strong> all members of the Security Council.” All participants agreed that<br />

they would be willing to attend another workshop.<br />

Regarding the workshop duration, a majority of participants (18 of 29) thought that a<br />

slightly longer amount of time might be devoted to the workshop. <strong>The</strong> remainder of<br />

participants considered the day and a half length of the conference to be satisfactory.<br />

<strong>The</strong> background paper and other support materials received a score of 8.6. <strong>The</strong> <strong>Watson</strong><br />

<strong>Institute</strong> administrative support, facilities, and the food and accommodations, received<br />

scores of 9.8, 9.7 and 9.2 respectively.<br />

Suggestions <strong>for</strong> future workshops included ensuring that the target audience includes<br />

those with little or no training on sanctions issues. Further, regarding the simulation<br />

exercise, participants suggested using an existing resolution (or a past case) as the starting<br />

point, and integrating regional organizations more effectively. A number of participants<br />

agreed that simulation briefs (and the manuals themselves) should be mailed in advance<br />

of the workshop to permit participants a more considered response. Finally, numerous<br />

participants expressed interest in receiving copies of the “<strong>Sanctions</strong> CD” used during the<br />

exercise.<br />

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Workshop on <strong>UN</strong> <strong>Sanctions</strong> 16-17 July 2004<br />

5. List of Participants<br />

Hafrad Ali<br />

Permanent Mission of Algeria to the <strong>UN</strong><br />

Steve Avedon<br />

U.S. Department of the Treasury<br />

Thomas J. Biersteker<br />

<strong>Watson</strong> <strong>Institute</strong><br />

Gregor Boventer<br />

Security Council Affairs Division<br />

<strong>UN</strong> Secretariat<br />

Charles-Henri Brosseau<br />

Permanent Mission of France to the <strong>UN</strong><br />

Patrick Ang Chuasoto<br />

Permanent Mission of the Phillipines to the <strong>UN</strong><br />

Javier Colomina<br />

Permanent Mission of Spain to the <strong>UN</strong><br />

Sue Eckert<br />

<strong>Watson</strong> <strong>Institute</strong><br />

Alfred Fofie<br />

United Nations Mission in Liberia<br />

16


Workshop on <strong>UN</strong> <strong>Sanctions</strong> 16-17 July 2004<br />

Heinrich Haupt<br />

Permanent Mission of Germany to the <strong>UN</strong><br />

Andrew Hillman<br />

Permanent Mission of the United States to the <strong>UN</strong><br />

Zhao Jinming<br />

Permanent Mission of China to the <strong>UN</strong><br />

Karen Johnson<br />

U.S. Department of State<br />

Kagyabukama Kiliba<br />

Permanent Mission of Tanzania to the <strong>UN</strong><br />

Zaheer Laher<br />

Permanent Mission of South Africa to the <strong>UN</strong><br />

Andres Landerretche<br />

Permanent Mission of Chile to the <strong>UN</strong><br />

Aleksandar Martinovic<br />

Security Council Affairs Division<br />

<strong>UN</strong> Secretariat<br />

Gerard McGurk<br />

Permanent Mission of the United Kingdom to the <strong>UN</strong><br />

Gilda Motta Santos-Neves<br />

Permanent Mission of Brazil to the <strong>UN</strong><br />

Roxana Pana<br />

Permanent Mission of Romania to the <strong>UN</strong><br />

Vassilis Papadopoulos<br />

Permanent Mission of Greece to the <strong>UN</strong><br />

Robert Pollock<br />

HM Treasury, Financial <strong>Sanctions</strong> Unit<br />

United Kingdom<br />

Debra Price<br />

Permanent Mission of Canada to the <strong>UN</strong><br />

Trine Rask Thygesen<br />

Permanent Mission of Denmark to the <strong>UN</strong><br />

17


Workshop on <strong>UN</strong> <strong>Sanctions</strong> 16-17 July 2004<br />

Peter Romaniuk<br />

<strong>Watson</strong> <strong>Institute</strong><br />

Andrea Semadeni<br />

Permanent Mission of Switzerland to the <strong>UN</strong><br />

Syed Haider Shah<br />

Permanent Mission of Pakistan to the <strong>UN</strong><br />

Harsh Vardhan Shringla<br />

Permanent Mission of India to the <strong>UN</strong><br />

Joseph Stephanides<br />

Security Council Affairs Division<br />

<strong>UN</strong> Secretariat<br />

Jay Sutterlin<br />

Security Council Affairs Division<br />

<strong>UN</strong> Secretariat<br />

Hiroshi Tajima<br />

Permanent Mission of Japan to the <strong>UN</strong><br />

Joakim Vaverka<br />

Permanent Mission of Sweden to the <strong>UN</strong><br />

Alex Vines<br />

Africa Programme, Chatham House<br />

<strong>The</strong> Royal <strong>Institute</strong> of <strong>International</strong> Affairs<br />

United Kingdom<br />

Peter Wallensteen<br />

Department of Peace and Conflict Research<br />

Uppsala University<br />

Jean-Francis Zinsou<br />

Permanent Mission of Benin to the <strong>UN</strong><br />

18


Workshop on <strong>UN</strong> <strong>Sanctions</strong> 16-17 July 2004<br />

Introduction<br />

SIMULATION EXERCISE: PART 1<br />

TARGETED SANCTIONS AND THE RESPONSE TO VIOLENCE IN ARCADIA<br />

January, 2006: Beginning two months ago, there has been an alarming increase in the<br />

number of civilian and combatant casualties resulting from fighting between government<br />

and rebel <strong>for</strong>ces in the small South East Asian country of Arcadia. Recent media reports<br />

indicate that the Revolutionary Brotherhood of Liberation (RBL), under rebel leader<br />

Andries van Dam, has advanced a violent offensive against government <strong>for</strong>ces and<br />

suspected government sympathizers. In response, crack government troops, under the<br />

leadership of Rajiv Vohra (son-in-law of long time Arcadian President, Ruther<strong>for</strong>d<br />

Simmons) have exacerbated the humanitarian crisis by pursuing a “zero tolerance” policy<br />

towards the rebels. In doing so, many innocent Arcadians have been killed, and many<br />

more displaced. Atrocities resulting from recent fighting have included the slaughter of<br />

over 5,000 villagers in a three day period and the violent deaths of 25 observers from the<br />

<strong>UN</strong> Mission in Arcadia (<strong>UN</strong>MIA) stationed nearby (<strong>UN</strong>MIA was first deployed in 2002<br />

in support of a now-defunct ceasefire agreement). While neither side has claimed<br />

responsibility <strong>for</strong> these fatalities, troops from both sides are known to have been active in<br />

the village in question. As these incidents attest, conflict has been particularly fierce in<br />

regions contiguous to the thickly <strong>for</strong>ested rural areas of Arcadia, which have been<br />

plundered by both sides to capitalize on the lucrative trade in Arcadian timber.<br />

<strong>The</strong>se events mark the final collapse of “Seekonk Ceasefire Accords” (SCA). Signed in<br />

2002, the SCA were designed as a prelude to a more comprehensive peace settlement.<br />

<strong>The</strong> Security Council commissioned <strong>UN</strong>MIA to monitor the implementation of the SCA.<br />

But war soon returned to Arcadia as the RBL used the brief period of peace to regroup<br />

and rearm. <strong>The</strong>se developments contributed to the radicalization of opinion among<br />

government circles in the Arcadian capital, Woonsocket, with Vohra and Defense<br />

Minister Karen Newman gaining the ascendancy over domestic political rivals. Sporadic<br />

fire fights between government troops and the RBL soon escalated. Noting the return to<br />

violence, and faced with a regional refugee crisis as rural Arcadians fled their homes, the<br />

Security Council imposed an arms embargo on the territory of Arcadia (resolution 1648<br />

(2004), reprinted in full below). With continued fighting, the comprehensive peace<br />

settlement has failed to materialize. <strong>The</strong> Member States of the Security Council are<br />

unanimous that a strong and effective response to these flagrant violations of human<br />

rights and the neutrality of <strong>UN</strong> observers is required.<br />

Political History of Arcadia<br />

Arcadia is a small country of just over 3 million people, on the Cumberland Peninsula in<br />

the Gulf of Thailand in South East Asia (see map below). Arcadia has few religious,<br />

cultural, and social divisions. Approximately 90% of the country is Christian, while most<br />

of the remainder practice indigenous beliefs. <strong>The</strong> Arcadians all speak the national<br />

language, a local dialect of English. Arcadia is a Member State of the United Nations, as<br />

are neighboring states.<br />

19


Workshop on <strong>UN</strong> <strong>Sanctions</strong> 16-17 July 2004<br />

20


Workshop on <strong>UN</strong> <strong>Sanctions</strong> 16-17 July 2004<br />

In spite of cultural similarities, rival political factions within Arcadia have maintained<br />

conflictual relations <strong>for</strong> most of its history. However, conflict has not always led to<br />

violence, as opposing groups have exchanged roles of domination and subordination.<br />

<strong>The</strong> earliest roots of conflict lie in opposing movements to overthrow or maintain British<br />

colonial rule. <strong>The</strong> anti-colonial movement eventually prevailed, as the United Kingdom<br />

granted independence to Arcadia on 1 January, 1970. Robert Zimmer, leader of the anticolonial<br />

movement, assumed the office of President in Woonsocket. Although prior to<br />

independence Robert Zimmer supported a draft constitution <strong>for</strong> Arcadia, once in power,<br />

President Zimmer suspended further work on the document and pursued an autocratic<br />

regime with a hand picked Parliament, rewarding those that had supported his movement<br />

and its home-grown leftist ideology.<br />

In the mid 1970s, President Zimmer sought to profit from Cold War rivalry. He turned to<br />

the Soviet Union to support the implementation of his collectivist policies. Soviet aid to<br />

Arcadia was maintained <strong>for</strong> more than a decade, finally ceasing in 1989. However, levels<br />

of assistance began to decrease in 1985 as Arcadian Economic Minister and Zimmer’s<br />

presumptive successor, Ruther<strong>for</strong>d Simmons, privately (and later publicly) began<br />

exploring ways in which to open the Arcadian economy to the West. <strong>The</strong> growing<br />

disagreement between Simmons and the aging Zimmer was resolved in 1993 when<br />

Simmons orchestrated a coup, overthrowing Zimmer.<br />

On assuming the Presidency, Simmons elaborated a less radical plat<strong>for</strong>m. With the<br />

guidance of the international financial institutions, Simmons undertook the re<strong>for</strong>m of<br />

both Arcadia’s political and economic systems, launching an “enrichment initiative” to<br />

encourage international investment in Arcadia and granting large logging concessions to<br />

multinational corporations. In doing so, Simmons, his family, and his close associates in<br />

the Woonsocket bureaucracy are known to have benefited personally from their<br />

investments in these MNCs. But Simmons also endeavored to institutionalize democratic<br />

processes and in 1995 presided over the nation’s first Presidential and Parliamentary<br />

elections (in which he was re-elected).<br />

Simmons’ ascent soon precipitated resistance. In line with historical divisions, the<br />

elections illuminated a growing rift between supporters of Simmons’s pro-West re<strong>for</strong>ms<br />

and its opponents in the South. Especially in the province of Tiverton, opposition<br />

coalesced around Andries van Dam. <strong>The</strong> van Dam family had been prominent supporters<br />

of Zimmer and the anti-colonial movement. Building on this legacy, van Dam now<br />

mobilized the rural poor against Simmons’ re<strong>for</strong>ms, inflaming already tense relations<br />

between the government and the outlying areas. It was in these areas that local<br />

economies were most affected by the re<strong>for</strong>ms, as local farmers were once again <strong>for</strong>ced<br />

into laboring jobs in resource extracting industries, especially in the timber sector. For<br />

many Tivertonian villagers, this mirrored the experience of their parents, who had been<br />

similarly displaced following the establishment of the colonial timber companies.<br />

Van Dam’s anti-Simmons, populist rhetoric precipitated violent confrontations. In 1998,<br />

van Dam <strong>for</strong>med the Revolutionary Brotherhood of Liberation, or RBL, which pursued<br />

21


Workshop on <strong>UN</strong> <strong>Sanctions</strong> 16-17 July 2004<br />

violence systematically. RBL fighters expanded their territorial control from their<br />

stronghold in Tiverton; rebel tactics included murder and the burning of villages.<br />

Simmons’ response was initially minimalist. While he deployed barely enough<br />

government <strong>for</strong>ces to hold RBL advances, he maintained publicly that overwhelming<br />

<strong>for</strong>ce was not needed and that he was prepared to enter into negotiations with van Dam.<br />

His commitment to this position attracted many critics. As van Dam repeatedly held out<br />

the promise of peace talks, pressure on Simmons to increase the use of <strong>for</strong>ce against the<br />

RBL increased and Woonsocket became more radicalized. All the while, the death toll<br />

on the government and RBL sides mounted and many Arcadians fled to neighboring<br />

countries (by 2000, some 800,000 Arcadians were resident in camps in Cranston,<br />

Warwick and Bristol). Recognizing the threat to regional security posed by these<br />

developments, the Security Council passed an exhortatory resolution in 1999 urging the<br />

rebels to undertake peace talks with the government.<br />

By 2002, Simmons’ patience appeared to bear fruit as the progress of RBL stalled. Faced<br />

with rising battlefield losses, van Dam joined President Simmons in Bristol’s capital,<br />

Seekonk, to discuss a cease-fire and the initiation of a peace process. <strong>The</strong> Seekonk<br />

negotiations initially succeeded in containing RBL controlled territory to Tiverton<br />

province, and both sides entered into a ceasefire, the “Seekonk Ceasefire Accords.”<br />

Under pressure from states in the region, Simmons permitted <strong>UN</strong> monitors to observe the<br />

implementation of the SCA in RBL-held territory. <strong>The</strong> Security Council passed a<br />

resolution in 2002 to deploy 1000 personnel as part of the United Nations Mission in<br />

Arcadia (<strong>UN</strong>MIA).<br />

While the accords yielded a short period of peace, van Dam soon returned to violence.<br />

<strong>The</strong> RBL offensive was particularly strong following the hiatus, suggesting that van Dam<br />

had used the occasion to replenish his supply of troops and armaments. Further, the<br />

presence of <strong>for</strong>eign (<strong>UN</strong>) observers on the ground was reminiscent of colonial rule from<br />

abroad <strong>for</strong> many rural Arcadians. As a consequence, van Dam and the RBL won many<br />

new converts.<br />

On the government side, Simmons had staked his reputation on the SCA. He now lacked<br />

credibility in Woonsocket. He in<strong>for</strong>mally ceded power over military affairs to a cadre of<br />

military advisers, many of whom had been critical of his initial approach, in private and<br />

in public. Chief among these were Karen Newman, the Minister of Defense, and Rajiv<br />

Vohra, an ambitious young military commander and son-in-law of Simmons, who headed<br />

a group of elite government <strong>for</strong>ces. In contrast to Simmons’ moderation, Newman and<br />

Vohra opted <strong>for</strong> an aggressive military response. <strong>The</strong>y doubled the number of<br />

government troops deployed in combat and reportedly issued the order to “take no<br />

prisoners” in retaking towns in RBL-friendly territory.<br />

Soon, widespread human rights abuses were being reported on both sides and the<br />

Security Council once again considered the matter. This time, the Council passed<br />

Resolution 1648 (attached in full, below). Resolution 1648 prohibits the sale of arms to<br />

all combatants in the territory of Arcadia. It also creates a sanctions committee to<br />

22


Workshop on <strong>UN</strong> <strong>Sanctions</strong> 16-17 July 2004<br />

oversee the implementation of the resolution and provides <strong>for</strong> the creation of a panel of<br />

experts to explore the political and economic sources of the conflict.<br />

<strong>The</strong> Economy of Arcadia<br />

In recent years the economic chaos caused by the civil war resulted in a lack of GDP<br />

growth. However, it remains the case that, consistent with trends since colonization, the<br />

economy of Arcadia is heavily dependent on natural resources. According to the most<br />

recent estimates, Arcadia exports about $600 million of commodities annually. About<br />

70.5% of workers are involved in agriculture, mostly small-scale family farms. 10.8% are<br />

involved with providing services, and 4.5% work in industry. Arcadia’s most common<br />

exports are timber (which accounts <strong>for</strong> over 50% of total exports), iron ore, rubber, and<br />

coffee. Under Simmons, the two largest trading partners have been the United States and<br />

the European Union. Defense expenditures were 2.9% of GDP in 2002, the last year <strong>for</strong><br />

which figures are available.<br />

Of particular interest is the role of the timber industry in the Arcadian conflict. Arcadia’s<br />

largest and most valuable export is tropical hardwood timber. As noted above, the<br />

Simmons years have been characterized by a general and non-specific suspicion that the<br />

President, his family and their associates within the Woonsocket bureaucracy have<br />

benefited personally from government deals to open Arcadian <strong>for</strong>ests up to <strong>for</strong>eign timber<br />

companies. Indeed, President Simmons has always been able to marshal the numbers in<br />

the Arcadian Parliament to avoid an inquiry into a series of deals, over the course of a<br />

decade, granting large concessions to certain <strong>for</strong>eign firms.<br />

Analogously, van Dam has significant covert interests in Tivertonian timber. He has<br />

reportedly accumulated huge personal wealth, some of which is kept in a variety of<br />

offshore banks and is used <strong>for</strong> arms purchases and other RBL expenditures. Members of<br />

van Dam’s extended family, now dispersed throughout the region and the world, manage<br />

many of the offshore accounts. Former RBL combatants and sympathizers abroad<br />

maintain illicit timber and arms networks. Tellingly, van Dam’s cousin John is<br />

responsible <strong>for</strong> the security of Port Tiverton, where shipping activities are shrouded in<br />

secrecy.<br />

In particular, weapons seized by <strong>UN</strong>MIA indicate that international commodities trader<br />

and rogue transportation magnate, Paul Armstrong, may be instrumental in arranging<br />

shipments of arms to the RBL. Armstrong is thought to have utilized <strong>for</strong>ged<br />

documentation to purchase arms in Europe and divert them from their stated destination<br />

to RBL-controlled territory. He operates from Thailand, where his airline, AirARMS, is<br />

based. AirARMS is believed to have been the carrier <strong>for</strong> most shipments of illegal<br />

weapons to RBL. Maritime authorities in neighboring countries have noted an increase<br />

in the activity of his small fleet of sea vessels in and around the Gulf of Thailand.<br />

23


Workshop on <strong>UN</strong> <strong>Sanctions</strong> 16-17 July 2004<br />

Recent findings of the Expert Panel<br />

Pursuant to resolution 1648(2004), the first Panel of Experts report (completed in June<br />

2005) provided preliminary findings about the exploitation of natural resources by both<br />

government and rebel troops <strong>for</strong> personal enrichment and to fund the conflict. <strong>The</strong><br />

second report (dated December 2005) has just been released. While the research <strong>for</strong> this<br />

report was mostly conducted prior to the recent escalation of the conflict, the report<br />

confirms that:<br />

• <strong>The</strong> RBL is harvesting timber in Tiverton in violation of Arcadian domestic law;<br />

• Timber revenues have been used by the RBL to acquire arms;<br />

• Armstrong is deeply implicated in both the export of RBL-harvested timber and the<br />

supply of arms to RBL: his planes and ships have been seen arriving in and departing<br />

from Tiverton;<br />

• Even prior to the recent implementation of the “zero tolerance” policy, the brutality of<br />

government <strong>for</strong>ces, especially those of Rajiv Vohra, matches that of the rebels;<br />

• <strong>The</strong> personal interests of Arcadian officials (especially Newman and Vohra) in timber<br />

exploitation is more widespread than previously acknowledged (although the Panel is<br />

not able to confirm suspicions regarding Simmons’ involvement);<br />

• Elements of the Arcadian Armed Forces are harvesting timber outside of Tiverton in<br />

violation of Arcadian domestic laws;<br />

• Other, second tier commanders within the Arcadian Armed Forces are being offered<br />

timber concessions to reward military victories;<br />

• <strong>The</strong>re is evidence that Newman and Vohra have endeavored to falsify end-user<br />

certificates and that future partnerships in logging operations have been used in an<br />

ef<strong>for</strong>t to induce cooperation from neighboring states;<br />

• Arcadian Air Force planes have been increasingly sighted in offshore locations.<br />

Instructions<br />

<strong>The</strong> Member States of the Security Council are unanimous that a strong and effective<br />

response to these flagrant violations of human rights and the neutrality of <strong>UN</strong> observers is<br />

required. Resolution 1713 is to impose targeted sanctions against parties involved in the<br />

conflict in Arcadia. That resolution is partially drafted (see attached), but a number of<br />

important issues remain to be decided. You are meeting to complete the drafting. In<br />

doing so, you may draw upon the Interlaken, Bonn-Berlin and Stockholm Process<br />

manuals and past resolutions of the Security Council. Please address the following<br />

questions:<br />

24


Workshop on <strong>UN</strong> <strong>Sanctions</strong> 16-17 July 2004<br />

• What specific kinds of targeted measures should be imposed?<br />

• Who precisely should be subject to these sanctions?<br />

• Under what conditions should exemptions to these prohibitions be permitted?<br />

• How should sanctions be monitored?<br />

• What kind of in<strong>for</strong>mation about Member State implementation is required by the<br />

<strong>Sanctions</strong> Committee?<br />

25


Workshop on <strong>UN</strong> <strong>Sanctions</strong> 16-17 July 2004<br />

Timeline of events in Arcadia<br />

1970 • Arcadia achieves independence from the United Kingdom<br />

• Robert Zimmer becomes first President of Arcadia on an anti-colonial, leftist<br />

plat<strong>for</strong>m.<br />

1974 • Zimmer successfully courts the Soviet Union to provide aid to Arcadia.<br />

1985 • Zimmer’s Economic Minister, Ruther<strong>for</strong>d Simmons, begins exploring opportunities<br />

to open the Arcadian economy to the West.<br />

1989 • Soviet aid to Arcadia ceases.<br />

1993 • Ruther<strong>for</strong>d Simmons orchestrates a coup to depose Zimmer.<br />

• Simmons elaborates wide ranging strategy <strong>for</strong> political and economic re<strong>for</strong>m.<br />

1995 • Simmons elected President in Arcadia’s first Presidential ballot: Parliamentary<br />

elections also held <strong>for</strong> the first time.<br />

1998 • Andries van Dam capitalizes on discontent in rural Arcadia (especially the resource<br />

rich province of Tiverton) to found the Revolutionary Brotherhood of Liberation<br />

(RBL).<br />

• <strong>The</strong> RBL gains territorial control over the province of Tiverton seeks to advance.<br />

• Displaced Arcadian villagers begin to seek refuge in neighboring countries.<br />

• Simmons prefers a moderate response, resisting rebel advances and seeking<br />

negotiations with van Dam.<br />

1999 • <strong>The</strong> Security Council passes a resolution exhorting the rebels to negotiate.<br />

2002 • After years of sometimes intense fighting, van Dam finally agrees to negotiate. He<br />

and Simmons meet in Seekonk (the capital of Bristol and sign and ceasefire accord.<br />

• <strong>The</strong> “Seekonk Ceasefire Accords” are to be monitored by <strong>UN</strong> observers following<br />

the passage of a Security Council resolution that creates the <strong>UN</strong> Mission in Arcadia<br />

(<strong>UN</strong>MIA).<br />

2003 • Following a short period of peace, van Dam’s troops recommence military activity,<br />

again occupying Tiverton and seeking to advance towards Woonsocket.<br />

• In response, a cadre of Simmons’ advisers – including Karen Newman (Minister of<br />

Defense) and Rajiv Vohra (commander of elite <strong>for</strong>ces) – assume decision-making<br />

power. <strong>The</strong>y pursue an aggressive military response.<br />

• Reports emerge of widespread human rights abuses by both government and rebel<br />

<strong>for</strong>ces.<br />

2004 • <strong>The</strong> Security Council passes resolution 1648 (2004), imposing an arms embargo on<br />

the territory of Arcadia, creating a sanctions committee and requesting that a panel of<br />

experts be <strong>for</strong>med to monitor the implementation of the embargo and its effects on<br />

the conflict in Arcadia.<br />

2005 • Successive expert reports show the extent to which government and rebel <strong>for</strong>ces are<br />

exploiting the timber resources of Arcadia, <strong>for</strong> personal gain and to finance the<br />

rebellion.<br />

• <strong>The</strong> most recent reports indicate that both sides are targeting civilians and that 25<br />

<strong>UN</strong>MIA observers have been killed in brutal circumstances (although neither side<br />

has admitted responsibility <strong>for</strong> this).<br />

26


Draft<br />

<strong>UN</strong>ITED<br />

NATIONS<br />

S<br />

Security Council<br />

Distr.<br />

GENERAL S/RES/1482 (2002)<br />

31 Oct. 2004<br />

ORIGINAL:<br />

ENGLISH<br />

RESOLUTION 1648 (2004)<br />

Adopted by the Security Council at its 5554th meeting,<br />

on 31 Oct. 2004<br />

<strong>The</strong> Security Council<br />

Recalling its earlier resolutions exhorting the Revolutionary Brotherhood of Liberation<br />

(RBL) to seek a negotiated solution to the conflict in Arcadia (1999), and creating the<br />

United Nations Mission in Arcadia (<strong>UN</strong>MIA) to oversee the implementation of the<br />

Seekonk Ceasefire Accords (2002),<br />

Condemning the ongoing violence in Arcadia, especially the killing of civilians,<br />

Deploring the violation of the Seekonk Ceasefire Accords by the RBL,<br />

Deploring the abandonment of a peaceful means of resolving the conflict by the<br />

Government of Arcadia,<br />

Underscoring that both parties to the conflict are jointly responsible <strong>for</strong> the refugee and<br />

humanitarian crisis in the region affecting neighboring states,<br />

Encouraging all sides to disarm and resume talks towards a ceasefire and peace<br />

settlement,<br />

Noting that the situation in Arcadia constitutes a threat to international peace and<br />

security,<br />

Acting under Chapter VII of the Charter of the United Nations,<br />

27


Draft<br />

1. Welcomes <strong>UN</strong>MIA’s readiness to report to the Security Council regularly on the<br />

movements of armed groups in Arcadia and on in<strong>for</strong>mation concerning arms supply to<br />

them and; demands that all parties provide full access to <strong>UN</strong>MIA observers, including in<br />

ports, airports, airfields, military bases and border crossings;<br />

2. Decides that all States shall take the necessary measures to prevent the direct or<br />

indirect supply, sale or transfer, from their territories or by their nationals, or using their<br />

flag vessels or aircraft, of arms and any related materiel, and the provision of any<br />

assistance, advice or training related to military activities, to all armed groups and<br />

militias operating in the territory of Arcadia;<br />

3. Decides to establish, in accordance with rule 28 of its provisional rules of procedure, a<br />

Committee of the Security Council consisting of all members of the Council (the<br />

Committee), to undertake the following tasks:<br />

(a) To seek from all States, and particularly those in the region, in<strong>for</strong>mation regarding<br />

the actions taken by them to implement effectively the measures imposed by paragraph 2;<br />

(b) To examine, and to take appropriate action on, in<strong>for</strong>mation concerning alleged<br />

violations of the measures imposed by paragraph 2 and in<strong>for</strong>mation on alleged arms<br />

flows, identifying where possible individual and legal entities reported to be engaged in<br />

such violations, as well as aircraft or other vehicles used;<br />

(c) To present regular reports to the Council on its work, with its observations and<br />

recommendations, in particular on the ways to strengthen the effectiveness of the<br />

measures imposed by paragraph 2;<br />

4. Requests all States, in particular those in the region, to report to the Committee, within<br />

sixty days from the date of adoption of this resolution, on the actions they have taken to<br />

implement the measures imposed by paragraph 2, and authorizes the Committee<br />

thereafter to request from Member States whatever further in<strong>for</strong>mation it may consider<br />

necessary;<br />

5. Requests the Secretary-General, in consultation with the Committee, to create, within<br />

thirty days from the date of adoption of this resolution, and <strong>for</strong> a period expiring on 31<br />

December 2005, a group of experts consisting of no more than four members (the Group<br />

of experts), having the necessary skills to per<strong>for</strong>m the following mandate:<br />

(a) To examine and analyze in<strong>for</strong>mation gathered by <strong>UN</strong>MIA in the context of its<br />

monitoring mandate;<br />

(b) To gather and analyze all relevant in<strong>for</strong>mation in Arcadia, countries of the region<br />

and, as necessary, in other countries, in cooperation with the governments of those<br />

countries, in relation to flows of arms and related materiel, as well as networks operating<br />

in violation of the measures imposed by paragraph 2;<br />

28


Draft<br />

(c) To consider and recommend, where appropriate, ways of improving the capabilities<br />

of States interested, in particular those of the region, to ensure the measures imposed by<br />

paragraph 2 are effectively implemented;<br />

(d) To report to the Council in writing be<strong>for</strong>e 31 June 2005 and 31 December 2005,<br />

through the Committee, on the implementation of the measures imposed by paragraph 2;<br />

(e) To keep the Committee frequently updated on its activities;<br />

6. Decides to remain actively seized of the matter.<br />

29


Draft<br />

<strong>UN</strong>ITED<br />

NATIONS<br />

S<br />

Security Council<br />

Distr.<br />

GENERAL S/RES/1482 (2002)<br />

XX Jan. 2006<br />

ORIGINAL:<br />

ENGLISH<br />

RESOLUTION 1713 (2006)<br />

Adopted by the Security Council at its XXXth meeting,<br />

on XX Jan. 2006<br />

<strong>The</strong> Security Council<br />

Recalling its earlier resolutions exhorting the Revolutionary Brotherhood of Liberation<br />

(RBL) to seek a negotiated solution to the conflict in Arcadia (1999), and creating the<br />

United Nations Mission in Arcadia (<strong>UN</strong>MIA) to oversee the implementation of the<br />

Seekonk Ceasefire Accords (2002),<br />

Expressing serious concern that the combatants have taken measures to breach the arms<br />

embargo on the territory of Arcadia imposed by the Council with resolution 1648 (2004),<br />

as noted in reports by the Panel of Experts created pursuant to that resolution,<br />

Condemning the ongoing violence in Arcadia, especially the killing of civilians,<br />

Strongly condemning the recent increase in fatalities resulting from violence in Arcadia,<br />

including the targeting of <strong>UN</strong>MIA personnel,<br />

Deploring the violation of the Seekonk Ceasefire Accords by the RBL and the<br />

abandonment of a peaceful means of resolving the conflict by the Government of<br />

Arcadia,<br />

Underscoring that both parties to the conflict are jointly responsible <strong>for</strong> the refugee and<br />

humanitarian crisis in the region affecting neighboring states,<br />

30


Draft<br />

Recognizing the linkages between the exploitation of natural resources, especially timber,<br />

the illicit trade in such resources, and the fuelling and exacerbation of the conflict in<br />

Arcadia,<br />

Demanding that all sides disarm and resume talks towards a ceasefire and peace<br />

settlement,<br />

Noting that the situation in Arcadia constitutes a threat to international peace and<br />

security,<br />

Acting under Chapter VII of the Charter of the United Nations,<br />

A<br />

1. Reaffirms that the measures imposed in paragraph 2 of resolution 1648 (2004) apply to<br />

all sales or supply of arms and related materiel destined <strong>for</strong> any recipient in Arcadia,<br />

including all non-State actors, such as the RBL, and all militias and armed groups<br />

associated with the Government of Arcadia;<br />

2. Strongly encourages all Member States to review existing procedures to implement<br />

paragraph 2 of resolution 1648 (2004), including customs and border control measures,<br />

and appropriate penalties <strong>for</strong> violations of the arms embargo;<br />

3. Further decides that … OPTIONS FOR OPERATIVE PARAGRAPHS:<br />

Prohibitions (<strong>Sanctions</strong> to be imposed and against whom)<br />

• financial sanctions (e.g. see Interlaken Manual, pp. 11-18)<br />

• travel ban (e.g. see Bonn-Berlin Manual, pp. 49-53)<br />

• aviation ban (e.g. see Bonn-Berlin Manual, pp. 73-75)<br />

B<br />

• commodity sanctions (e.g. operative paragraphs of past Security Council resolutions,<br />

such as resolution 1173 (1998), resolution 1343 (2001), resolution 1478 (2003) and<br />

resolution 1521 (2003))<br />

Exemptions:<br />

• Exemptions to measures imposed (e.g. see Interlaken Manual, pp. 19-22; Bonn-Berlin<br />

Manual, pp. 31-32, 55, 76)<br />

31


Draft<br />

<strong>Sanctions</strong> Committee:<br />

• Tasks to the sanctions committee (e.g. see Interlaken Manual, pp. 24-27; Bonn-Berlin<br />

Manual, pp. 32-34, 55-60, 77-80; Stockholm Manual, pp. 24-26)<br />

• Member States reporting on their implementation of measures imposed (e.g. see<br />

Interlaken Manual, pp. 31-32; Bonn-Berlin Manual, pp. 34-36, 60-61, 81-82;<br />

Stockholm Manual, pp. 130-132)<br />

Monitoring<br />

• Mechanism (such as a panel of experts) to assess the impact of sanctions (e.g. see<br />

Interlaken Manual, pp. 34-38; Stockholm Manual, pp. 38-39, 46-48)<br />

C<br />

X. Decides that the measures imposed in sections A and B above are established <strong>for</strong> 12<br />

months from the date of adoption of this resolution, unless otherwise decided, and that, at<br />

the end of this period, the Council will review the position, assess progress towards a<br />

ceasefire and peace settlement, and decide accordingly whether to continue these<br />

measures or impose new measures;<br />

X. Calls upon international, regional, sub-regional, and all other organizations, to act<br />

strictly in accordance with the provisions of this resolution and to cooperate fully with the<br />

Committee established by paragraph X above in the fulfillment of its tasks, including<br />

supplying such in<strong>for</strong>mation as may be required by them in pursuance of this resolution;<br />

X. Stresses the obligation of all States to comply fully with the measures contained in<br />

sections A and B above and emphasizes that non-compliance with those measures<br />

constitutes a violation of the provisions of the Charter of the United Nations;<br />

X. Decides to remain actively seized of the matter.<br />

32


Draft<br />

SIMULATION EXERCISE: PART 2<br />

TARGETED SANCTIONS AND THE RESPONSE TO VIOLENCE IN ARCADIA<br />

S/2007/29<br />

Annex<br />

Letter dated 17 February 2007 from the Chairman of the Panel of<br />

Experts on Arcadia addressed to the Chairman of the Security<br />

Council Committee established pursuant to resolution 1713 (2006)<br />

On behalf of the members of the Panel of Experts on Arcadia, we have the<br />

honour to enclose the report of the Panel, prepared in accordance with<br />

Security Council resolution 1713 (2006).<br />

Panel of Experts on Arcadia<br />

(signed) John Eng-Wong (Singapore)<br />

Chairman<br />

(signed) Erica Suuberg (Finland)<br />

(signed) Armando Bengochea (Brazil)<br />

(signed) Omafume Afolobi (Nigeria)<br />

Summary<br />

1. Arcadia is a troubled country, but recent developments give cause <strong>for</strong> optimism.<br />

Most critically, the All-Encompassing Peace Agreement signed at Newport in<br />

Warwick (the “Newport Agreement”) represents the foundations upon which the civil<br />

war in Arcadia can be resolved, and stability, prosperity and good government<br />

returned to the country.<br />

2. <strong>The</strong> signing of the Newport Agreement is a welcome event, especially in so far as it<br />

establishes the National Unity Government in Arcadia (the “NU Government”),<br />

comprising members of Revolutionary Brotherhood of Liberation (RBL) and the<br />

Government of Arcadia.<br />

3. <strong>The</strong> Newport Agreement calls <strong>for</strong> the NU Government to work toward the<br />

establishment of peace and security be<strong>for</strong>e elections tentatively scheduled <strong>for</strong> late<br />

next year. <strong>The</strong> NU Government is led by President Richard Besdine, the consensus<br />

choice of all parties to the Agreement. President Besdine is widely respected in<br />

Arcadia <strong>for</strong> his ef<strong>for</strong>ts to bring an end to the civil conflict and his refusal to support<br />

violent action by either the government or the rebels. Besdine is advised and assisted<br />

by a dozen Ministers of State, half appointed by the <strong>for</strong>mer government and half by<br />

RBL.<br />

33


Draft<br />

4. <strong>The</strong> successful conclusion of the Newport Agreement follows a long and bitter civil<br />

war. Conflict in Arcadia, which began in 1998, pitted the <strong>for</strong>ces of Ruther<strong>for</strong>d<br />

Simmons’ government against the (RBL), led by Andries van Dam. In 2002, the<br />

warring parties agreed to a cease fire during a meeting in the capital of neighboring<br />

Bristol. <strong>The</strong> United Nations Mission in Arcadia (<strong>UN</strong>MIA) was established to<br />

monitor the ceasefire. However, the ceasefire quickly broke down, and violence soon<br />

reached new heights. By December 2003, it became clear that deaths at the hands of<br />

the warring parties were rising and <strong>UN</strong>MIA observers were being targeted by<br />

combatants.<br />

5. <strong>The</strong> Security Council responded decisively. With resolution 1713 (2006), the<br />

Council imposed targeted sanctions on certain parties involved in the conflict in<br />

Arcadia. <strong>The</strong>se measures had discernable effects in that they succeeded in bringing<br />

the warring parties to the table to conclude the Newport Agreement.<br />

6. Though welcome, the Newport Agreement faces significant challenges. While most<br />

of the principal actors in the civil war have left Arcadia, key members of the NU<br />

Government have been directly implicated in resource exploitation in order to wage<br />

conflict, and in sanctions evasion. Across many levels of government, and among<br />

non-State actors, massive stealing, looting and extraction of pay-offs has been<br />

ongoing. Further, there remains no process to monitor Arcadia’s main ports, airports<br />

and border crossings.<br />

7. For these reasons, the Panel strongly discourages the immediate removal of sanctions<br />

currently in place. Given that the rationale <strong>for</strong> sanctions has been to reduce conflict<br />

and restore order in Arcadia, sanctions should remain in effect until it can be<br />

demonstrated that their removal will not further conflict.<br />

8. In making this recommendation, the Panel is mindful of the severity of the<br />

humanitarian crisis gripping Arcadia. However, while Arcadia needs revenue, under<br />

current conditions, the lack of transparency and accountability makes it impossible to<br />

determine whether revenue (e.g. from the timber industry) will be used to further<br />

conflict.<br />

9. <strong>The</strong> Panel recommends that the legal basis of the sanctions be revised and should<br />

remain in place until: the Government of Arcadia is able to demonstrate transparency<br />

and accountability to the majority of Arcadians; the refugee crisis is resolved;<br />

disarmament, demobilization, rehabilitation and reintegration of <strong>for</strong>mer combatants is<br />

fully complete; the Arcadian <strong>for</strong>estry sector achieves the standards of good<br />

governance and; a democratically elected government is in place.<br />

10. Given the need to bring lasting peace and security to Arcadia, the Panel notes the<br />

importance of verifying that any such conditions imposed by the Security Council be<br />

met.<br />

34


Draft<br />

Instructions<br />

In anticipation of a <strong>for</strong>mal sanctions committee meeting to discuss recent developments<br />

in Arcadia (especially the importance of rein<strong>for</strong>cing the Newport Agreement), an<br />

in<strong>for</strong>mal group of experts will convene Saturday morning to explore new measures in<br />

response to the changed situation. <strong>The</strong> goal of this in<strong>for</strong>mal meeting is to develop<br />

guidance to in<strong>for</strong>m the drafting of the necessary follow-up resolution on the situation in<br />

Arcadia. <strong>The</strong> issues to be explored include the following:<br />

• How should the existing sanctions be adapted to reflect the changed situation on the<br />

ground?<br />

• What sanctions should remain?<br />

• What are the criteria <strong>for</strong> lifting or suspending any remaining sanctions, and when and<br />

how should this be done?<br />

• How should the humanitarian and economic effects of any remaining sanctions, as<br />

well as their affect on refugee repatriation, be monitored and addressed? (Is there a<br />

role <strong>for</strong> <strong>UN</strong>MIA here?)<br />

• If the criteria <strong>for</strong> lifting all sanctions were met, is there an ongoing role <strong>for</strong> the<br />

Council in ensuring the return to peace and stability in Arcadia?<br />

• What other measures (including positive inducements) can be employed to help<br />

solidify the political developments?<br />

35

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