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Making Targeted Sanctions Effective - Small Arms Survey

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THE STOCKHOLM PROCESS | 96<br />

§ 276<br />

§ 277<br />

§ 278<br />

§ 279<br />

§ 280<br />

This pre-assessment of targeted sanctions should also try to anticipate<br />

potential country-specific legal issues that Member States may<br />

encounter in implementing sanctions and clarify to the greatest<br />

extent possible the specific measures that Member States are obliged<br />

to take in order to implement UN sanctions and to fully comply<br />

with the resolution.<br />

Distinct and Accurate Definitions<br />

Unclear demands make it difficult for Member States and relevant<br />

non-state actors to comply, create confusion for Member States regarding<br />

the purpose of the sanctions, and can lead to different positions<br />

by Members as to when sanctions are to be ended. “Constructive<br />

ambiguity” can result in difficulties with implementation. Evaluations<br />

of specific sanctions regimes often follow only after a period<br />

of time. Recently, the Security Council has taken a more proactive<br />

approach by appointing Expert Panels and Monitoring Mechanisms.<br />

This is important in strengthening the sanctions regimes. In<br />

Part II, Section 4, proposals are suggested in this regard. Here the<br />

following can be added:<br />

— GENERAL RECOMMENDATIONS<br />

Maximize clarity with respect to the demands made of the targeted<br />

actors as to the objectives of the sanctions, the behavior that must<br />

change, and (when relevant) deadlines of compliance. This will<br />

make it more difficult for the targeted actor to distort the meaning<br />

of the sanctions.<br />

Include definitions of targeted sanctions from the Interlaken and<br />

Bonn-Berlin Reports and related publications that have credible<br />

and unambiguous definitions for the types of sanctions under consideration.<br />

In cases where the Security Council does not include definitions in<br />

the text of the resolution, <strong>Sanctions</strong> Committees should be encouraged<br />

to direct Member States that raise questions about definitions<br />

to widely agreed sources for clarification, such as those contained in<br />

the manuals on sanctions produced by the previous processes.

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