Targeted Sanctions as a Pathway to Accountability

Abstract

The growth of ‘Magnitsky-style’ targeted sanctions has ushered in a new chapter in the history of sanctions practice that places civil society actors in an increasingly empowered position. The development of new legal and policy frameworks in several jurisdictions, led by the USA, has formalized an active role for civil society in governments’ sanction designation processes. By creating a legal framework for civil society engagement, the US Magnitsky laws enshrined the importance of civil society as a source of evidence on human rights and corruption issues into law. This article draws on the experience and observations of, and interviews with, sanctions practitioners who have witnessed the increasing role that civil society is taking in Magnitsky-style sanctions. The article begins by asking why civil society engages with targeted sanctions, before examining the legal and policy frameworks through which civil society actors engage with governments. It looks at five jurisdictions where civil society is taking an active role, the USA, UK, European Union, Canada, and Australia. The article describes the emergence of ‘sanctions clearing houses’ — organizations that act as intermediaries between global civil society and the governments with which they are trying to engage. The article considers present civil society perspectives on current barriers to engagement with sanctions regimes and concludes by emphasizing the importance of civil society engagement in this area, providing recommendations to foster this engagement.