For victims of corruption and related human rights abuses, justice is often out of reach. Courts may be compromised, prosecutors unwilling to act and political leaders implicated in the wrongdoing. In such cases, corruption sanctions cannot deliver justice on their own. They may, however, provide something else: accountability, recognition and consequences.

These questions were at the heart of a Basel Institute on Governance webinar marking the launch of the working paper Corruption sanctions: What governments need to know.

Commissioned by the Basel Institute’s International Centre for Asset Recovery (ICAR) and written by Dr Anton Moiseienko, the paper examines how governments can use corruption sanctions more strategically as part of wider anti-corruption efforts.

Andrew Dornbierer, Head of Policy and Research at ICAR moderated the online launch event bringing together experts with experience across sanctions policy, litigation, advocacy and victims’ rights. Dr Anton Moiseienko was joined by Sir William Browder KCMG, CEO of Hermitage Capital and Head of the Global Magnitsky Justice Campaign, Michael O’Kane, Senior Partner at Peters & Peters, and Lyra Nightingale, Senior Legal Advisor at REDRESS.

Recognition matters

Sanctions are often judged by whether they change behaviour, recover assets or deter future wrongdoing. Lyra Nightingale argued that this overlooks another form of impact.

If a targeted sanction, such as a corruption sanction, can convey recognition, acknowledgement and some sense of justice for victims, it has already had an impact.

Drawing on REDRESS’s work with survivors of torture and other serious abuses linked to corruption, Nightingale described how sanctions can validate victims’ experiences and demonstrate international solidarity when other routes to justice have failed.

Examples from Iran and Angola illustrated the point. Victims and civil society groups viewed sanctions not simply as restrictions imposed on perpetrators, but as public acknowledgement that wrongdoing had occurred and that it mattered.

Sanctions cannot provide a complete remedy, but they help signal that impunity is not absolute.

Success means different things

A recurring theme throughout the webinar was that sanctions are expected to achieve many things at once.

Moiseienko argued that governments use corruption sanctions for a range of purposes: disrupting access to international financial systems, deterring future misconduct, condemning wrongdoing and supporting accountability efforts. Given this broad scope:

It would be perverse to conclude that if corruption does not stop, sanctions have failed.

That observation goes to the heart of the debate. Corruption sanctions are often directed at the most powerful and entrenched offenders. Eliminating corruption entirely is rarely a realistic objective. The more relevant question is whether sanctions increase pressure, restrict opportunities and support broader accountability efforts.

The answer depends on what governments are trying to achieve.

Do sanctions work?

Here the panellists diverged. Drawing on years of experience representing sanctioned individuals, Michael O’Kane cautioned against assuming that sanctions automatically produce meaningful results.

For some people, sanctions are profoundly impactful. For others, they are not particularly impactful at all.

He argued that sanctions are most effective when they form part of a broader strategy that includes enforcement, asset recovery and clear incentives for behavioural change.

Sir William Browder took a more forceful view. Reflecting on Russia’s response to Magnitsky sanctions, he pointed to the extraordinary lengths taken to challenge and discredit the measures.

So we know that we hit the Achilles’ heel.

For Browder, the reaction itself is evidence of effectiveness. Sanctions restrict access to assets, travel and international financial networks. They also create uncertainty among others who may fear becoming targets themselves.

The disagreement was less about whether sanctions matter than about how much they can achieve on their own.

Legitimacy is part of effectiveness

The discussion repeatedly returned to legitimacy. Several speakers warned that sanctions derive much of their power from public confidence in their fairness and credibility. If they are perceived as arbitrary or politically motivated, their effectiveness may weaken over time.

Moiseienko argued that governments should resist the temptation to use sanctions indiscriminately.

The moment governments begin to look trigger-happy, indiscriminate or undisciplined in their use of sanctions, confidence in the entire system risks collapsing.

Questions of transparency, evidence and due process therefore matter not only for legal reasons but also for practical ones. The legitimacy of sanctions is one of their greatest strengths. It can also be one of their greatest vulnerabilities.

An evolving tool

Corruption sanctions are now firmly established in the international anti-corruption landscape. Yet many of the questions surrounding them remain unresolved.

• How should success be measured?
• What role should sanctions play alongside criminal investigations and asset recovery efforts?
• How can governments maintain public confidence while responding to evolving geopolitical pressures?

As Andrew Dornbierer noted:

Corruption sanctions are still a relatively new area of law and policy, and there will undoubtedly be significant developments in the years ahead.

The webinar offered no single answer to these questions, but gave a sense of both the promise and the limitations of corruption sanctions. They are neither a cure-all nor a symbolic gesture. Used strategically, they can support accountability, recognise victims and increase pressure on those who have long operated with impunity.

Learn more

• Working Paper “Corruption sanctions: What governments need to know”

  For policymakers grappling with these challenges, this Basel Institute’s Working Paper provides a valuable starting point.

• Quick Guide to corruption sanctions

  For an easy introduction to the concept.

• Webinar recording

  Watch the full webinar on YouTube.