produced less harm to the general population. 3 That new generation of measures was known as targeted or smart sanctions and was imposed for the first time in 1997 on members of the União Nacional para a Independência Total de Angola (UNITA). 4 Although not a term of art, targetedsanctions refer generally
the President to impose targetedsanctions, and administrative regulations and policies for humanitarian organizations accepting us funding.
A us Legal and Regulatory Measures
1 The Material Support Statute
Sections § 2339A and 2339B of title 18 of the us Code relate to the prohibition of
that involves targetingsanctions better on the culprits, and cushioning vulnerable groups by exempting certain commodities from the embargoes. Bull and Tostensen argue that although there is scope for improving the design of sanctions regimes, technically speaking, the inherently political nature of
made clear that hand-wringing and appeals to conscience by the international community are not enough.
We must be ready to use all diplomatic, humanitarian and other means – including targetedsanctions against the leaders responsible – to protect populations from genocide, ethnic cleansing, war
(2011) 285–289 so much discretion that it is difficult to argue afterwards that they actually violated anything: this, arguably, applies when the Security Council imposes targetedsanctions. In situations such as these, there is little to be gained by insisting on rules and by holding international
element of prescription. Hovell, a lecturer at the London School of Economics, observes that discussions among international lawyers on controlling the imposition of targetedsanctions by the Security Council tend to come in three forms. Some people feel that there ought to be an international tribunal to
to questions of responsibility. For example, while in its judgment of 14 November 2007 4 the Swiss Federal Court absolved Switzerland of committing a wrongful act in relation to the implementation of the United Nations (‘ un ’)-endorsed targetedsanctions against Mr Nada, the European Court of Human
report on the atrocities in Northern Rakhine State, the US government states that the violence was ‘extreme, large-scale, widespread, … well-planned and coordinated’.
As targetedsanctions were imposed following the ethnic cleansing in August 2018, Sigal Mandelker, a senior Treasury Department
Sanctions Effective, Guidelines for the Implementation of UN Policy Options”, Final Report of the Stockholm Process on the Implementation of TargetedSanctions, Uppsala University, at 9 (<www.smartsanctions.se/stockholm_process/reports/Final%20report%20complete. pdf>). 10) This consisted of the obligation
and Switzerland also participated in the seminar. 16) EU Council Document 10176/07 ‘Public Outreach Paper: Fair and Clear Procedure in TargetedSanctions to Combat Terrorist Financing’, 5 May 2007. 17) OJ No L 29 of 2 February 2005. See notiﬁ cation of the Ministry for Foreign Aﬀ airs No 123/2005 of