Summary
Following the continued refusal of the Taliban to turn over Usama bin Laden for prosecution, its reluctance to engage in a broader peace process, and its threats to destroy part of Afghanistan’s cultural and historical heritage, the UNSC passed UNSCR 1333 on 19 December 2000, expanding the sanctions against the Taliban and broadening them to bin Laden and Al-Qaida. UNSCR 1363 (30 July 2001) established a New York-based Monitoring Team to monitor sanctions implementation and a Sanctions Enforcement Team to provide the Monitoring Team with expertise in key issue areas.
Purposes
Coerce
Coerce the Taliban to turn over Usama bin Laden and close terrorist training camps on its territory.
Constrain
Constrain both the Taliban and Al-Qaida from engaging in proscribed activities (particularly terrorism).
Signal
Signal both the Taliban and Al-Qaida about a growing number of norm violations.
Sanctions type
Mandatory
Expansion of the existing aviation ban (from aircraft owned by the Taliban to landing anywhere in the territory controlled by them) and individual / entity asset freeze (from Taliban to Usama bin Laden and Al-Qaida as an organization).
Newly imposed arms imports embargo on the Taliban (and areas of the country controlled by them), diplomatic sanctions on the Taliban (closure of Taliban offices in MS territories and withdrawal of any officials, agents, advisers, and military personnel advising Taliban), and a ban on imports of a substance used in the processing of heroin (acetic anhydride).
Designations
Maximum number of designees during the episode: 161 individuals and 7 entities (Taliban designations included 151 individuals and 7 entities, Al-Qaida 10 individuals).
Potential scope
Potential scope of impact
UN sanctions are likely to have significant impacts on the general population, since they include restrictions on the import of widely used commodities (such as oil), major commodity exports, and/or the transportation or financial sectors that affect the entire economy.
Implementation
New sanctions were imposed for a limited time period (1 year) and their imposition was deliberately delayed by 1 month. Sanctions Committee in place, Committee of Experts and Monitoring Group were created during the episode. Designation criteria were specified and targets designated. Enforcement authorities not specified.
Effectiveness
Coercion
Policy outcome
Taliban refused to extradite bin Laden and indeed became more closely aligned with him during this episode.
Sanctions contribution
Additional sanctions pushed the Taliban closer to bin Laden
Constraint
Policy outcome
Ariana Airlines was fully grounded during this episode, but the other sanctions appeared to inconvenience, rather than constrain, the targets.
Sanctions contribution
Sanctions appear critical to grounding of Ariana Airlines.
Signaling
Policy outcome
Clear articulation of violation of norm against terrorism and further isolation of the Taliban, but degree of stigmatization felt by the targets was limited.
Sanctions contribution
Expansion of sanctions against Taliban and extension to Al-Qaida was the principal mechanism for diffusing the international norm. However, Taliban behavior against Afghan cultural heritage also contributed to its stigmatization internationally.
Overall
Unintended consequences
Increase in corruption and criminality, strengthening of authoritarian rule, rally round the flag effect, increase in human rights violations, strengthening of political factions, humanitarian consequences.
UN sanctions resolutions guide
Substantive
- Imposes arms imports embargo to the territory of Afghanistan under Taliban control, including technical advice, assistance, or training related to military activities (1 year), and specifies humanitarian and protective use exemptions (pending Committee approval).
- Decides all MS shall withdraw any officials, agents, advisers, and military personnel advising Taliban on military or related security matters.
- Imposes closure of Taliban offices in MS territory (1 year) and urges reduction of MS diplomatic staff at Taliban missions and posts.
- Imposes closure of Ariana Afghan Airlines offices in MS territory (1 year).
- Imposes financial asset freeze on Usama bin Laden and associates, including Al-Qaida (1 year).
- Imposes chemical acetic anhydride imports ban to the territory of Afghanistan under Taliban control (1 year).
- Enlarges UNSCR 1267 aviation ban to Taliban controlled territory of Afghanistan (1 year) and specifies humanitarian, religious, and conflict resolution exemptions (pending Committee approval).
- Urges travel ban on senior Taliban officers.
Procedural
- Delays sanctions imposition (1 month).
- Establishes Committee of Experts and specifies its mandate.
- Modifies Sanctions Committee mandate.
- Requests MS reporting.
Procedural
- Establishes a monitoring mechanism (Monitoring group in New York & Sanctions Enforcement Support Team) and specifies its mandate (until 19.01.2002).
- Urges and invites MS reporting.
