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Sanctions are critical to the Security Council's efforts to fight terrorism. What is striking is that the Council's sanctions regimes are subject to detailed sets of rules and decision criteria. The scholarship on human rights in counterterrorism assumes that rights advocacy and court litigation have prompted this development. The article complements this literature by highlighting an unexplored internal driver of legal-regulatory decision-making and explores how mixed-motive interest constellations among Security Council members have affected the extent of committee regulations and the content of decisions taken by sanctions committees. Based on internal documents and diplomatic cables, a comparative analysis of the Iraq sanctions regime and the counterterrorism sanctions regime demonstrates that mixed-motive interest constellations among Security Council members provide incentives to elaborate rules to guide decision-making resulting in legal-regulatory sanctions governance, even if the human rights of targeted individuals are not at stake. For comparative leverage and to assess the limits of the proposed mechanism, the analysis is briefly extended to other sanctions regimes targeting individuals (Democratic Republic of the Congo and Sudan). The findings have implications for this essential tool of the Security Council to react to threats to peace as diverse as counterterrorism, nonproliferation, and internal armed conflict.
We examine how and under what conditions informal institutional constraints, such as precedent and doctrine, are likely to affect collective choice within international organisations even in the absence of powerful bureaucratic agents. With a particular focus on the United Nations Security Council, we first develop a theoretical account of why such informal constraints might affect collective decisions even of powerful and strategically behaving actors. We show that precedents provide focal points that allow adopting collective decisions in coordination situations despite diverging preferences. Reliance on previous cases creates tacitly evolving doctrine that may develop incrementally. Council decision-making is also likely to be facilitated by an institutional logic of escalation driven by institutional constraints following from the typically staged response to crisis situations. We explore the usefulness of our theoretical argument with evidence from the Council doctrine on terrorism that has evolved since 1985. The key decisions studied include the 1992 sanctions resolution against Libya and the 2001 Council response to the 9/11 attacks. We conclude that, even within intergovernmentally structured international organisations, member states do not operate on a clean slate, but in a highly institutionalised environment that shapes their opportunities for action.