Criminalizing Consequences of Sanctions: Embargo Busting and Its Legacy

The upsurge in the use of economic sanctions in the post-Cold War era has prompted much scholarly and policy debate over their effectiveness and humanitarian consequences. Remarkably little attention, however, has been devoted to their criminalizing consequences and legacy for the post-sanctions period. In this article, I develop an analytical framework identifying and categorizing the potential criminalizing effects of sanctions across place (within and around the targeted country) and time (during and after the sanctions period), and apply and evaluate this framework through an in-depth examination of the case of Yugoslavia. For comparative leverage and to assess the applicability of the argument beyond the Yugoslavia case, the analysis is briefly extended to other cases both within and outside the Balkans (Croatia and Iraq). The article suggests that sanctions can unintentionally contribute to the criminalization of the state, economy, and civil society of both the targeted country and its immediate neighbors, fostering a symbiosis between political leaders, organized crime, and transnational smuggling networks. This symbiosis, in turn, can persist beyond the lifting of sanctions, contributing to corruption and crime and undermining the rule of law. The article is one of the first efforts to integrate the study of sanctions and transnational crime, and suggests that the criminalized collateral damage from sanctions and its post-sanctions legacy should be made a more central part of the evaluation of sanctions.