United Nations Nonproliferation Sanctions

Abstract

Much has been written about the role of UN sanctions to counter terrorism in the aftermath of the n September 2001 terrorist attacks, specifically sanctions against al Qaeda and the Taliban under resolution 1267, and broader UN counte rterrorism initiatives under resolution 1373. : Less attention has been focused on multilateral sanctions for nonproliferation objectives, despite the extensive efforts of the security council since the end of the Cold War to thwart proliferation as well as terrorism. Indeed, before the December 2009 arms embargo was imposed on Eritrea, no new UN sanctions had been adopted since 2006 that were not proliferation or terrorism-related.This article will discuss current UN sanctions to counter the proliferation of weapons of mass destruction (WMD) by Iran and the Democratic People's Republic of Korea (North Korea), consider the lessons of counterterrorism sanctions for these nonproliferation measures, and assess the challenges for future nonproliferation sanctions.2 In addition, it will examine the relationship between sanctions and the broader UN initiative to promote nonproliferation under resolution 1540. While not a sanctions resolution, 1540 constitutes an important advance that strengthens the potential effectiveness of sanctions.SPECIFIC COUNTRY PROLIFERATION SANCTIONSThe use of multilateral sanctions to counter the development of nuclear weapons is not new; the UN imposed successive sets of sanctions on Iraq. Indeed, one ofthe ironies ofthe unfortunate history ofthe comprehensive economic sanctions on Iraq is the apparent success of the measures in dismantling its WMD capabilities, even as they were considered a failure because of problematic implementation and humanitarian impact.3 More recently, sanctions to prevent the proliferation of WMD as a threat to international peace and security have focused on two countries: Iran and North Korea.IranFor 30 years, the US has maintained unilateral sanctions against Iran both for its support of terrorist organizations - Hamas, Hezbollah, and Palestine Islamic Jihad - and its nuclear activities. Congressional action (the IranLibya sanctions act of 1996 and its amended versions) to pressure Iran through secondary sanctions against foreign companies investing in Iran's energy sector or assisting Iran's WMD programs remain a key component of American policy towards Iran.4 More recently, the US has attempted to isolate Iran financially through sanctions against targeted individuals and entities and by persuading international financial institutions to cut ties to the country.5 One ofthe most difficult foreign policy challenges confronting the Obama administration is how to exercise greater pressure on Iran through additional crippling sanctions.6 Congress is expected to adopt broad new measures early in 2010 aimed at isolating the Iranian economy; these may include prohibiting foreign companies that provide Iran with refined petroleum products from doing business in the US.7Security council sanctions followed years of diplomatic negotiations to urge Iranian cooperation with International Atomic Energy Agency (IAEA) agreements assuring that its nuclear activities were for peaceful purposes only. The security council has passed three resolutions aimed at halting Iran's proliferation activities.8 Adopted unanimously under chapter VII of the charter ofthe United Nations concerning threats to international peace, resolution 1737 demanded that Iran suspend its enrichment-related and reprocessing activities and resolve outstanding issues with the IAEA. The mandatory measures require member states to prohibit the transfer of all items, equipment, goods, and technology that could contribute to Iran's enrichment-related activities or to the development of nuclear weapons delivery systems; freeze the assets of 12 Iranian individuals and 10 entities for providing support for Iran's nuclear activities; and exercise restraint with respect to the travel and training of designated individuals, arms, or WMD-useful exports to Iran, and the activities of Iranian banks. …