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Magister Legum - LLM

Magister Legum - LLM / The coming into force of the Rome Statute on the 1st July 2002 signified the birth of the International Criminal Court (ICC). The ICC came into existence as a permanent criminal court for the prosecution of Genocide, Crimes against Humanity, War Crimes and Crime of Aggression. There are 121 states-parties to the Rome Statute. This means there are many states that have not ratified the Rome Statute. The ICC would ordinarily not have jurisdiction over the nationals of these states if they committed offences within the jurisdiction of the ICC on the territories of the non-states parties. This paper intends to analyse whether the ICC has jurisdiction over nationals of non-state parties who commit crimes within the jurisdiction of the ICC on the territories of non-states parties to the Rome Statute. There are situations and cases that are before the ICC involving nationals of non-state parties that committed crimes on territories of non-states parties. These cases have come before the ICC by way of United Nations Security Council (UNSC) referrals. This paper will therefore examine the legality of UNSC referrals under international law in respect of nationals of non-states parties, who commit crimes within the jurisdiction of the ICC, on territories of non-states parties.

Magister Legum - LLM

The thesis primarily aims to describe main events and a role of the United Nations in Iraq in 2002-2005. However, since broader knowledge in needed, the thesis also deals with historical events in Iraq and in the UN Security Council. Equally, it seeks to explain in a concise manner the specificities in Iraq that played or play an essential role. In the period after the American invasion in 2003 the thesis confront US expectations and plans with the reality on Iraqi soil and UN standpoints. In fact, the link through the whole thesis is the depiction of the relationship between the US and the Security Council and after the invasion also with UN Assistance mission in Iraq (UNAMI). Given the limited extent the thesis is concluded by the elections to the permanent Iraqi parliament in December 2005.

The diploma thesis "The KFOR mission in Kosovo: The NATO activity in Kosovo after the military intervention in 1999" has its aim in describing individual steps of the KFOR mission in Kosovo after 1999 and strives to analyze the achievements of this activity. How much effectiveness KFOR produced in pursuing the goal of peacekeeping and post-conflict reconstruction? What were the achievements of the mission and when is it feasible to withdraw the mission from Kosovo? In addition, the thesis also analyzes the activity of other international missions in Kosovo and their cooperation with KFOR.

The relationship betweeen the International Criminal Court and the United Nations Security Council holds important value because, as a people, we are striving for a change towards a universal justice system, rather than a nationalistic conflictual one. To assess the progress, a closer look is necessary at the issue at hand. If the ICC does not have a nation to support it, in order to serve as a deterrent, it does need a powerful organization behind it: the UNSC, or the interplay between the SC, ICC and the "executive body" of the international community. However, their relationship is convoluted in controversy, since it is believed to serve as a tool for the major powers when they see fit, thus deligitimizing its credibility as an overarching judicial organization meant to resolve inter-state conflicts, and punish those who commit the most heinous crimes, regardless of their nationality. The findings of this research will show that more factors weigh in, and, even though the UNSC does hold a tight grip and has the power to influence the proceedings before the ICC, there is a clear positive trajectory for the International Criminal Justice System; the author of the research believes it will only get better. Keywords International Criminal Court; UNSC; Rome Statute; International Criminal Law Range...

This thesis investigates the role nonpermanent members have on the United Nations Security Council (UNSC). This as the contemporary scholarly debate on the UNSC tends to exclude the nonpermanent members in the study of the only international institution that can bind all UN members under its decisions. Building on the slim literature existing on why states seek the nonpermanent seats, this thesis uses the case of Sweden in order to investigate whether Sweden has met its objectives during its first year on the council. This case also contributes to a broader question of the potential influence nonpermanent members can have on the council. The results of this thesis are in line with the research it is building on, inherited from a liberal strand of international relations, that Sweden has influenced outcomes in line with its objectives and that nonpermanent members can influence the council in terms of resolutions, making them relevant to study in research concerning the UNSC. It also provides additional knowledge to the existing research it is building on by expanding the scope in how nonpermanent members can influence the council, which can be used in future studies.

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The UN Security Council (UNSC) is a crucial international decision-making body that deals with a range of conflicts requiring consideration. However, its formal issue consideration has remained stagnant, with only a few new conflicts being added to the list. This project aims to investigate the conditions under which the Council members opt for informal governance settings instead of formal ones to address global crises and argues that the official UNSC agenda is not solely shaped by the preferences of powerful states but is influenced by the Council's operational methods. To explore this, the project combines two strands of scholarship on informal governance in international organizations and introduces a rational choice framework to analyze the factors influencing governance choices. The study employs a multi-method approach, including a multinomial regression model and a case study analysis of the Rohingya crisis in Myanmar from 2017 to 2022. The findings suggest that member states select the most suitable meeting type based on Council homogeneity, information availability, and issue urgency while considering their preference for formal consideration. The Council's yearly changing membership and fluctuations in information availability prompt states to strategically shift issue consideration between formal and informal, public and private settings. Contrary to criticisms, the Council does not overlook specific crises but often discusses urgent matters informally. Should member states' preference for formal issue consideration align with issue urgency that the Council shifts to formal meetings at the horseshoe table. This project sheds new light on the functioning of the UNSC and contributes novel insight into how member states' meeting choices early in the policy-making process significantly influence agenda-setting and decision-making outcomes. / Political Science