UN Sanctions Reform - The Watson Institute for International Studies
UN Sanctions Reform - The Watson Institute for International Studies
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 />
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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 />
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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 />
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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 />
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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 />
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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 />
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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 />
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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 />
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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 />
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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 />
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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 />
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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 />
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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