The Base of the Iceberg: Targeted Financial Sanctions as a Tool to Combat Structural Violence Against Women Globally

Abstract

Violence against women is most often understood, and addressed, through the lens of direct, physical harm. This Note argues that such a framework is inadequate. Drawing on the theory of structural violence, first articulated by sociologist Johan Galtung and later refined by medical anthropologist Dr. Paul Farmer, this Note contends that women globally are disproportionately harmed not only by individual actors but by the economic, legal, and political systems that constrain their agency, limit their access to resources, and prevent them from attaining the highest standard of physical and mental health. These forms of indirect, institutional violence sit at the base of the iceberg—pervasive, normalized, and largely overlooked in both legal scholarship and U.S. foreign policy. This Note examines the current U.S. human rights sanctions regime, in particular the Global Magnitsky sanctions program, and identifies a significant gap: sanctions designations related to gender-based violence have been limited almost entirely to direct, conflict-related sexual violence, leaving structural forms of violence against women and girls largely unaddressed. It argues that the U.S. government must expand its practical interpretation of what constitutes a “serious human rights abuse” under the Global Magnitsky Human Rights Accountability Act and Executive Order 13818 to encompass gender-based structural violence, particularly where state actors, legal institutions, and government officials are identifiable conduits of harm. It further advocates for gender-sensitive implementation of any sanctions designations to mitigate the risk of disproportionate harm to the very populations such measures seek to protect. Lastly, the Note considers the viability of this proposed framework in light of the second Trump Administration’s significant departure from prior U.S. gender and human rights policy.