The establishment of a Multilateral Sanctions Monitoring Team (MSMT) to enforce sanctions on North Korea has sparked concerns over its legitimacy, as it operates outside the auspices of the United Nations. Announced by the United States, South Korea, and Japan, the MSMT was introduced as an alternative to the U.N. panel of experts, which monitored North Korean sanctions violations until its dissolution in April due to a Russian veto at the Security Council.
The MSMT’s mandate is to rigorously investigate and publish findings on North Korea’s sanctions violations and attempts to evade enforcement, aiming to maintain pressure on Pyongyang as it deepens its military ties with Russia amid the ongoing war in Ukraine. The newly formed body, backed by 11 nations, also includes Australia, Canada, France, Germany, Italy, the Netherlands, New Zealand, and the United Kingdom. Despite these efforts, some experts and former U.N. officials argue that the absence of a U.N. mandate may hinder the team’s global credibility and reach.
Former U.N. sanctions expert Aaron Arnold expressed doubts about the MSMT’s legitimacy, pointing out that without a Security Council mandate, it risks being viewed as illegitimate by many countries, particularly those most vulnerable to North Korea’s sanctions evasion efforts. Both China and Russia, permanent members of the Security Council and frequent blockers of stricter enforcement measures, have chosen not to participate in the MSMT. Their non-involvement raises further questions about the effectiveness of the new body, especially as these two nations are widely seen as crucial players in sanctions enforcement against Pyongyang.
Since its inception in 2009, the U.N. panel had published biannual reports documenting North Korea’s violations of international sanctions, which were originally aimed at curbing the country’s nuclear and missile programs. However, with the dissolution of the U.N. panel, enforcement of these sanctions has become more fragmented, and the MSMT seeks to fill the gap left by the defunct body.
Despite operating outside of the U.N. framework, former U.N. expert Alastair Morgan remains optimistic about the MSMT’s potential effectiveness. He believes the new team can still generate informative reports on sanctions violations, although without the Security Council’s backing, its recommendations may not carry the same weight. Morgan notes that since 2018, the Council had not acted on any designations recommended by the U.N. panel, so the practical difference in enforcement may be limited.
The formation of the MSMT comes at a time of escalating military cooperation between North Korea and Russia. Both Washington, Seoul, and Tokyo have expressed “grave concern” over these developments, which include alleged arms transfers in violation of U.N. Security Council resolutions. Ukrainian President Volodymyr Zelenskyy recently claimed that North Korea was preparing to send 10,000 soldiers to support Russia in its war against Ukraine, further underscoring the urgent need for effective sanctions enforcement.
While some experts see the MSMT as a valuable tool for pressuring North Korea, others regard it as a “second-best solution.” George Lopez, another former U.N. panel member, notes that without the backing of the Security Council, the new team faces an uphill battle in achieving global legitimacy. Nonetheless, Lopez argues that the MSMT could still gain credibility through transparent and high-quality reporting, a capability well within reach of its 11 member nations.
Another potential avenue of influence for the MSMT lies in its ability to impact global financial systems. Katsuhisa Furukawa, who served on the U.N. panel from 2011 to 2016, highlights that even if certain countries refuse to cooperate with the MSMT, financial institutions in those nations may still comply with the body’s findings to avoid being targeted by sanctions from the U.S., EU, and other participating nations.
China, however, remains a formidable obstacle. In a statement to the Voice of America, a Chinese embassy spokesperson reiterated Beijing’s stance that sanctions alone will not resolve tensions on the Korean Peninsula and may instead exacerbate the situation. China has repeatedly been accused of enabling North Korea to evade sanctions, despite publicly insisting that it adheres to U.N. mandates.
Ultimately, while the MSMT represents a significant effort to maintain pressure on Pyongyang, it faces challenges in achieving global acceptance and enforcing sanctions without the legitimacy of a U.N. mandate. As Joshua Stanton, a Washington-based lawyer who helped draft the North Korea Sanctions and Policy Enforcement Act of 2016, reminded, U.N. resolutions authorizing sanctions enforcement remain in place, and neither Russia nor China can unilaterally repeal them. Whether the MSMT can build the necessary credibility and effectiveness outside of the U.N. framework remains to be seen, but it will need strong international cooperation to succeed in its mission.
