The previous chapter identified a range of rule of law weaknesses exhibited by the UN sanctions system. This chapter proposes sanctions policy reforms designed to enhance the rule of law record of UN sanctions. The Security Council could improve the UN sanctions system's rule of law performance considerably by taking simple steps to strengthen, respect and promote each of the five key rule of law principles.

Increasing transparency

Of the five principles of the rule of law analysed here, transparency is arguably the one that is the least observed yet the easiest to remedy. Increasing transparency does not require the elaboration of sophisticated new strategies, nor necessitate the allocation of new resources. It does not require amendment to the UN Charter, structural reform of the UN sanctions system or a modification to the Council's rules of procedure. The Council can improve its transparency track-record simply by conducting its business in a more open and accountable manner. The recommendations outlined here flow from the analysis above. They are thus geared towards increasing transparency in the decision-making processes of the Security Council and its sanctions committees, as well as in the Council's sanctions decisions themselves.

In order to improve the transparency of its decision-making process, the Security Council should hold discussions concerning the potential or actual application of sanctions in public. When the application of a new sanctions regime is proposed, the Council should meet in open session to discuss the proposal, with members placing their views and concerns ‘on the record’.