compliance challenges within the highly mobile and multi-facetted maritime
industry.
11
3 UN Sanctions Strategies in the Maritime Sector
3.1 The Development of Smart Sanctions
Prior to the turn of the century, after Saddam Hussein’s invasion of Kuwait, the
international community responded by establishing a trade embargo against Iraq.
Under UNSC Resolution 661 (1990), the Security Council prohibited all Member
States from importing ‘all commodities and products originating in Iraq or
Kuwait. . .’
12 This prohibition was supported by a maritime blockade under UNSC
Resolution 665, which authorized robust embargo enforcement under measures
designed to ‘halt all inward and outward maritime shipping in order to inspect and
verify their cargos and destinations’.
13
These tactics pressured the Saddam Hussein regime, but they were also criticized
as being too broad and contributing to widespread famine in the region.
14 The
unintended effects of these expansive sanctions contributed to the rise of a new
strategy of ‘smart sanctions’.
15 The purpose of this approach is to more specifically
put pressure on targeted individuals and businesses while remaining cognizant of the
humanitarian impact within a sanctioned state. Instead of utilizing wholesale embargoes, the focus shifted to travel bans, asset freezes, and other more precise
measures.
16
In the wake of the 2001 terrorists attacks in the United States on 9/11, international policy makers further refined and developed innovative sanctions tactics
through the use of the global financial system.
17 Individuals and businesses thought
to be involved in terrorism financing were targeted to prevent access to the institutional infrastructure necessary to engage in international transactions. These
methods were soon applied to nation states in order to respond to geopolitical
challenges through coercive means without necessarily utilizing conventional warfare.
18 Such sanctions were developed to target political leaders, commodity sectors,
financial institutions, and transportation infrastructure.
19
11 Kraska (2019), Allen (2019) and Ma (2016).
12 UNSC Res 661 (1990).
13 UNSC Res 665 (1990).
14 Joyner (2003).
15 Friedman (2012), Nephew (2017) and Early (2015).
16 Nephew (2017).
17 Zarate (2013) and Nephew (2017).
18 Blackwill and Harris (2017).
19 Kanji (2017) and Michel (2004).
162
R. L. Kilpatrick
industry.
11
3 UN Sanctions Strategies in the Maritime Sector
3.1 The Development of Smart Sanctions
Prior to the turn of the century, after Saddam Hussein’s invasion of Kuwait, the
international community responded by establishing a trade embargo against Iraq.
Under UNSC Resolution 661 (1990), the Security Council prohibited all Member
States from importing ‘all commodities and products originating in Iraq or
Kuwait. . .’
12 This prohibition was supported by a maritime blockade under UNSC
Resolution 665, which authorized robust embargo enforcement under measures
designed to ‘halt all inward and outward maritime shipping in order to inspect and
verify their cargos and destinations’.
13
These tactics pressured the Saddam Hussein regime, but they were also criticized
as being too broad and contributing to widespread famine in the region.
14 The
unintended effects of these expansive sanctions contributed to the rise of a new
strategy of ‘smart sanctions’.
15 The purpose of this approach is to more specifically
put pressure on targeted individuals and businesses while remaining cognizant of the
humanitarian impact within a sanctioned state. Instead of utilizing wholesale embargoes, the focus shifted to travel bans, asset freezes, and other more precise
measures.
16
In the wake of the 2001 terrorists attacks in the United States on 9/11, international policy makers further refined and developed innovative sanctions tactics
through the use of the global financial system.
17 Individuals and businesses thought
to be involved in terrorism financing were targeted to prevent access to the institutional infrastructure necessary to engage in international transactions. These
methods were soon applied to nation states in order to respond to geopolitical
challenges through coercive means without necessarily utilizing conventional warfare.
18 Such sanctions were developed to target political leaders, commodity sectors,
financial institutions, and transportation infrastructure.
19
11 Kraska (2019), Allen (2019) and Ma (2016).
12 UNSC Res 661 (1990).
13 UNSC Res 665 (1990).
14 Joyner (2003).
15 Friedman (2012), Nephew (2017) and Early (2015).
16 Nephew (2017).
17 Zarate (2013) and Nephew (2017).
18 Blackwill and Harris (2017).
19 Kanji (2017) and Michel (2004).
162
R. L. Kilpatrick