18 April 2000
Text: Ambassador Cunningham's Remarks to UNSC on UN Sanctions
(Sanctions should remain until aims are met, U.S. says) (1060) United Nations -- Once sanctions are applied they should not be terminated because of a lack of resolve, lack of will or lack of patience, U.S. Ambassador James Cunningham said April 17. Speaking during a UN Security Council debate on sanctions in general, Cunningham said that once sanctions have been imposed "it is essential to place the burden of proof regarding their suspension or termination where it properly belongs -- on the demonstrated behavior of the sanctioned entity." Cunningham, who is the Deputy Permanent U.S. Representative to the UN, cited three principles to be used in designing sanctions including the need to anticipate and minimize the unintended impact of sanctions. The Security Council meeting, organized by Canada as President of the Council for the month of April, heard from more than 25 nations. A working group which includes outside experts was set up to conduct a review of sanctions policies and report back to the Council in six months. Following is the US/UN text of the statement: (begin text) Statement by Ambassador James B. Cunningham United States Deputy Permanent Representative to the United Nations, Open Meeting on Sanctions, Security Council April 17, 2000 The U.S. welcomes this discussion of sanctions policy. We want to share ideas and to identify areas of agreement and areas where additional deliberations are required. Our shared objective should be the design and implementation of effective sanctions regimes that promote desired results. Sanctions, effectively designed and implemented, offer an important instrument for the international community to use to counter threats to international order. They represent an important alternative to even more coercive instruments including military force. We should recognize without apology that sanctions themselves are clearly coercive measures. Neither military interventions nor sanctions applications are undertaken lightly. Nor should they be. Members of the Security Council, all members, have a unique responsibility to promote peace and security. It remains an unfortunate and tragic characteristic of our time that some states or elements within states engage in activities that must be countered -- promptly and aggressively -- to protect those who are threatened or those who are unable to protect themselves. Sanctions are not an end in themselves. They are a means, recognized in our charter, of expressing the will of the international community to end unacceptable behavior. To be effective in forcing behavioral change, the sanctions must be credible, targeted, and enforceable. Sanctions imposed for principally symbolic reasons are unlikely to change the behavior of the sanctioned entity and may indeed undermine the overall viability of sanctions as an alternative to military force. Today's discussions and our continuing work will be valuable if they promote agreement that can guide subsequent efforts to design and implement sanctions regimes which address the unique nature of specific threats to international security, as they exist in reality. Any overly precise "one size fits all" sanctions structure is destined to fail and will waste valuable resources. To be effectively targeted, sanctions regimes must be carefully tailored to the particular situation in which they are to be applied. That said, we can certainly identify a number of principles that have relevance to any potential application of sanctions: -- First is the need to anticipate and minimize the unintended impacts of sanctions. Unintended impacts may be manifested on elements of the population of the targeted state, on neighboring states, and even on other far removed entities. The complete elimination of unintended impact is an impossible goal and hence is not an aspiration that can be met. The design and implementation of effective sanctions should, however, consider the minimization, management and mitigation of unintended impacts, especially on vulnerable sectors of the population -- while acknowledging that they cannot be eliminated entirely. -- Next is the need to improve the capacity of the United Nations -- especially the Security Council -- and its member states to implement sanctions regimes once they are imposed. The Canadian delegation, under the leadership of Minister Axworthy and Ambassador Fowler, has stimulated innovative techniques in this regard, and we commend them for it. The Secretary-General and many others have made very valuable recommendations for improving sanctions implementation, including the need to criminalize sanctions-busting activities under appropriate national legal authorities. The commitment of national authorities to sanctions enforcement is obviously critical. Action by those authorities to address activities by criminal elements within their borders should have high priority. -- Sanctions are designed to force an end to behaviors or policies judged to be unacceptable. The goal is compliance, and the requirements should be clear. To be effective, the sanctions regimes must clearly enunciate the standards by which alterations to that unacceptable behavior will be measured. The termination of sanctions should be directly and transparently linked to confirmation of the changed behavior. In some cases, it may be possible and appropriate to link suspension or relaxation of elements of the sanctions regime to progress toward changed behavior. In all cases, however, once sanctions have been imposed it is essential to place the burden of proof regarding their suspension or termination where it properly belongs -- on the demonstrated behavior of the sanctioned entity. Just as sanctions must never be lightly entered into, they should not be terminated due to a lack of resolve, a lack of will, or a lack of patience. Down that path lies a more dangerous future for many of the countries represented in this room, a future in which the instruments available to this Council, and the international community, are fewer and less credible. The United States is fully committed to supporting the efforts of the Security Council's Sanctions Working Group, the Secretary General, and others in a serious effort to analyze options, develop guiding principles, and monitor and adjust ongoing sanctions efforts. As that important process continues, we also remain firmly committed to ensuring that the Council retains its ability to act swiftly and determination to counter current and future threats. The United States will be an active and engaged participant in a genuine effort to strengthen and streamline sanctions policy which supports the United Nations ability to meet its Charter obligations to enhance international peace and security. (end text) (Distributed by the Office of International Information Programs, U.S. Department of State. Web site: http://usinfo.state.gov)
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