This thesis argues that a tension exists between a new individualized norm of security within the counter-terrorism context and human security framework of the United Nations Security Council, focusing on the implications of the resolution 1267 counter-terrorism regime. This topic is of particular relevance as the threat of terrorism continues to grow and evolve. While the human security framework has been well studied, the individualization of security through counter-terrorism is a more recent development, and its tensions and implications have not been fully considered. This thesis uses a discourse analysis in order to demonstrate that counter-terrorism is constructed as a norm, and that there has been a shift in norms within the UN Security Council in relation to counter-terrorism and human rights. It will trace how a set of norms has emerged in order to make terrorism a part of the Security Council’s agenda, and how and why these have changed. In order to trace these norms, terrorism has been separated into two stages: state-sponsored and international terrorism, where terrorism was viewed as a threat stemming from state-governments and; transnational terrorism, where it was viewed as a trans-border threat arising from individuals. Within these stages, the objectives, targets and tools of the Council’s counter-terrorism policies will be studied in order to demonstrate how they work together to reinforce a norm. The analysis will be used to show how the case of Kadi v. Council and Commission came about in the transnational terrorism stage as a direct result of the Security Council’s counter-terrorism regime and its alleged breach of human rights. The Kadi case demonstrates that a tension does exist between the norm of individualization of security within the counter-terrorism context and the human security framework.

Throughout the years many have called for a reform of the United Nations and more specifically its most influential body the United Nations Security Council. The Security Council has the authority to pass resolutions with the sole purpose to preserve the peace around the globe, in theory at least. As there are conflicts that have been going on for a decade without any kind of solution from the Security Council and with huge humanitarian toll, just like Syria and Yemen, the need for a reform is clearly needed for the Security Council to be able to act better in conflict solving. In the Council five members have veto rights which are also permanent members and are not elected. As this has been considered unfair, both the notion of a permanent member and also the notion of a veto, some reform proposals have been brought up by organizations or countries to change the Security Council. This work is concerned with the Weak Veto reform proposal as analysing possible reforms using discourse analysis can predict possible future behaviour of states and can introduce a different view on the future of international organizations.

Both interventionist and anti-interventionist scholars have advanced the view that the 2011 Libyan conflict probes the need to establish an international organisation to settle disputes between nations with a view to maintaining international peace and security. Ironically, 67 years after the founding of the United Nations, post-colonial African states remain deeply troubled and affected by conflicts that are often exacerbated by United Nations Security Council (UNSC) Resolutions. The 2011 Libyan conflict was not a war for democracy; rather, it represented and demonstrated clearly the asymmetrical relations between Africa and Europe. This study therefore, is anchored on the thesis that the Western Countries—especially Britain and France—within the UNSC ignore the values that are embodied in the Treaty of Westphalia which established state sovereignty. Some Permanent five (P5) members of the UN were typically insensitive to Libya’s sovereignty and to the creed of democracy and this inevitably undermined the national security of the state in favour of the ‘Responsibility to Protect’ clause. The outsourcing of the UNSC’s mission, among other things, in Libya to ensure ‘international peace and security’ to the North Atlantic Treaty Organisation (NATO) was a critical reason for the loss of human lives and values in the 2011 Libyan pogrom. The introduction of a no-fly zone over Libya and the use of Responsibility to Protect (R2P) contained in UNSC Resolution 1973 clearly stoked the conflict in Libya in order to further the political and pecuniary interests of some of the P5 members. The involvement of NATO and the attendant bombing campaign in Libya served to undermine the militarily weak continent of Africa in its effort to broker peace under the umbrella of the African Union (AU). In order to secure these political and economic interests, the NATO jet bombers declared war against a sovereign UN member state and openly participated in the eventual overthrow and death of the Libyan leader, Muammar Gaddafi. In essence, this study underscores that the use of Responsibility to Protect in Libya was orchestrated at the highest level of international politics to justify external interference and ultimately, to secure regime change in Libya. The net effect of the outcome of the 2011 Libyan conflict is the post-war imperial control of Libya’s natural resources facilitated by the National Transition Committee established by these imperial forces. The extent of the damage caused by the UN-backed NATO intervention in Libya is also the result of the collective failure of the African Union to assert itself in the Libyan situation. / Thesis (M.A.)-University of KwaZulu-Natal, Pietermaritzburg, 2013.

Since the end of the Cold War, the United Nations Security Council (‘UNSC’) has taken a leading role in investigating atrocities. Yet, the UNSC has only investigated atrocities committed in eleven out of the ninety-two states that have experienced atrocities during this period. This dissertation examines the reasons behind this disparity. To do so, this dissertation examines how past studies on atrocities investigations do not account for the work of the UNSC in this field, and how past studies on the UNSC cannot explain its actions on atrocities investigations. Instead, by relying on historical records and interviews with decision-makers, this dissertation argues that the UNSC’s decisions on which atrocities to investigate are committee projects, which can only be understood through the prism of the UNSC’s decision-making process. Because of the constraints imposed by the UNSC process, an atrocities investigation will take place only after (i) a diplomat brings specific atrocities to the attention of the UNSC, (ii) an independent commission of inquiry supports the creation of an atrocities investigation, and (iii) the UNSC members become comfortable with the text of the authorizing resolution. This dissertation examines the political decisions behind each of these three steps and highlights how the decision-making process guides and influences the UNSC’s actions. By doing so, it provides an explanation on the aforementioned double standard in the UNSC’s work vis-à-vis atrocities.

Soft power is a significant aspect of India’s identity in the international community. Moreover, India has committed itself in being a cooperative, active member of the international community. In an alternative theory of power within the field of international relations, I argue that while soft power reasons that states are not only shaped by threats, bribes, persuasion, and co-optation, but also by norms. Strikingly, India was pushed by the United States and the Soviet Union to join the Security Council in 1950 and 1955 respectively as a permanent seat member. However, India refused these offers and instead, supported the People’s Republic China for the position. Since the early 1990s, India has actively pursued permanent membership to the Security Council and various reforms by convincing other countries to support its bid. Thus, in the case of India and its quest for permanent membership in the Security Council, an alternative way of thinking about soft power is the ability to serve as an effective player in international politics and influencing other countries’ long-standing positions and preferences on this matter.

Diplomatic stalemate at the seat of the UN Security Council is by no means a recent problem. Nevertheless, it may be argued that 'American unilateralism' reached its apex in July 2002, when the United States stood its ground and demanded immunity from prosecution before the International Criminal Court ("ICC") for US peacekeepers. This request was accompanied by the heavy-handed and deadly serious threat to veto the renewal of the UN peacekeeping mission in Bosnia, a threat which was realised over the course of the debates. This political brinkmanship, which pitted the United States against friends and foes alike, finally ceased when the US agreed to accept a Security Council Resolution offering a twelve-month deferral of prosecution for peacekeepers before the ICC. It is the legality of this Resolution which is the focus of this thesis. This thesis will expose the Resolution to the limits of international law and question the legitimacy of the tactics employed by the US. It will argue that in order to appease the recalcitrant superpower, the Security Council passed a Resolution contrary to both the Rome Statute of the ICC and the UN Charter. With the ICC still in its embryonic stage, this thesis will suggest the responses available to the Court when faced with a Resolution of such dubious legality which affects its jurisdiction to try the most heinous crimes known to humanity.

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The Swedish state has participated as an elected member of the United Nations Security Council three times and is entering their fourth. The UNSC is an old institution that is not equal to what powers the states within it has. The permanent states, the victors from the second world war, have a more prominent role in the council and do not have to be elected every two years as the other states that want to be a part of the council. The cost of for small states like Sweden to be a part of the council can be quite large, but in financial means and as a time-consuming task for the foreign department. Therefore, it is essential to know if the time spent in the council for a state like Sweden amounts to something in the sense of influence over the outcome. This bears the question if Sweden has used and is using its membership in the UNSC in an effective manner. By looking at the official documentation by the foreign department and interviewing former diplomats about Sweden’s role in the UNSC during these periods this thesis analyses the way that Sweden has acted before. Furthermore, the thesis also looks at the first five weeks in the current period of 2017. The results are analyzed through a theoretical framework of what should be methods to achieve influence in the UNSC. As the analysis shows, Sweden has moved from being a more passive participant to a more active and proactive part of the UNSC. This, however, can come at the cost of changing other states view of the Swedish state in international relations.

LL.M. (International Law) / Syria is currently embroiled in a bitter and bloody conflict which began three years ago, in the prime of what was commonly known as the Arab spring. The Syrian people clamoured for new leadership and greater freedoms. However, the hopes of an Arab spring soon faded into a cold, desolate Arab winter. Instead of acceding to the demands of the citizens, the Syrian president has sought to subdue and eliminate them. Resulting in August 2013 of the government forces reportedly unleashed deadly chemical weapons on opposition forces. The United Nations Security Council failed to embark on any action by this point, due to the first veto by Russia and China on 4 October 20113. The death toll subsequently peaked at over 100 000. Whilst on the 24th of November, 2013 following two days of conflict in the Eastern Ghouta region of Syria 160 people were killed. Could the devastation of Syria and its people have been avoided? Is there any organisation responsible for the safety and protection of the Syrian people? The answer lies in an organisation called the United Nations. The United Nations Security Council however has the primary responsibility to maintain international peace and security but this is not exclusive. Their primary function (as clearly stated in the United Nations Charter) is the responsibility for maintenance of international peace and security.