Economic Sanctions by David Cortright & George A. Lopez

Author:David Cortright & George A. Lopez
Language: eng
Format: epub
Publisher: Taylor & Francis (CAM)

Ensuring a Just-Sanctions Regime

Acknowledging the moral dilemmas posed by sanctions, we have argued that comprehensive sanctions may be considered as an alternative to war in terms of their intent, the nature of the harm they cause, and their effectiveness, although limited, in resolving problems without recourse to force. This is not to suggest, however, that sanctions may be given blanket moral approval. Far from it. We would propose that a morally legitimate sanctions regime should clearly meet several criteria.

First, imposing sanctions should be a response to a grave injustice committed. Because a comprehensive sanctions regime is a blunt and potent instrument of coercion, it should be imposed only in response to aggression or grave and ongoing injustice. Fundamental international norms must be at stake to warrant resort to this level of coercion. The violation need not be as serious as that necessary to justify the use of military force, but it must meet a high threshold.

Second, parties imposing sanctions should have a commitment to and reasonable prospects for reaching a political settlement. We have argued that the moral legitimacy of a sanctions regime depends, in part, on whether it is used as an alternative to war. That, in turn, requires that it be intended and pursued as an alternative to war; that it has a reasonable prospect of achieving legitimate objectives, instrumental or symbolic; and that it does not cause the grave or irremediable harm of the kind caused by war. It is imperative that any sanctions regime be tied to an abiding commitment to and a feasible strategy for finding a political solution to the problem that justified the imposition of sanctions. As Vatican Secretary of State Cardinal Angelo Sodano has said, "Sanctions—whether in the former Yugoslavia, Haiti, or Iraq—must also be accompanied by an international commitment to negotiations in order to be legitimate."26 Without the requisite political will and reasonable prospects for a political solution, sanctions lose much of their moral attractiveness. Sanctions then fail to serve as a tool of international diplomacy and become more like a war of attrition or an excuse for inaction or indifference. The requirement that sanctions be part of a feasible political strategy means that a sanctions regime should have clear and reasonable conditions set for their removal. If it becomes clear that existing sanctions have no reasonable prospect of achieving their objectives and are causing unacceptable harm, they should be lifted.

Third, sanctions should only be imposed when less coercive means have failed. The international community should impose sanctions only if less coercive measures have been tried or are not likely to succeed. If war is the last resort, comprehensive economic sanctions are the penultimate resort. Generally, therefore, sanctions should be pursued as an alternative to and before the use of military force. But sometimes, as in Somalia and Rwanda, the urgency of the situation and the likelihood that sanctions would not work could justify the limited use of military force without first applying economic sanctions. With respect to less coercive measures, this condition also places a twofold burden on the international community.

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