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Showing 51 to 60 of 68 (0.171 seconds)Spelling suggestions: "subject:"anited Nations security council"" "subject:"finited Nations security council""
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An examination of the incompatibilities of NATO and the African Union Agenda(s) in the Libyan conflict between 2011 and 2012Mgudlwa, Hlumelo January 2022 (has links)
Thesis (Ph.D. (Political Science)) -- University of Limpopo, 2022 / Much of the literature on the recent Libyan conflict is framed through a Westernised lens. This is an epistemic and ontological setback for Africa. Hence, the transition from the Organisation of African Unity (OAU) to African Union (AU) with the principle of, “African solution to African problems,” seemed to be a plausible one after a number of imported solutions and western powers’ interventions that often left the continent worse off than before. Syria shared a similar situation with Libya but the intervention from the western powers differed significantly.
Against this setback, this study employs Afrocentricity as an alternative theoretical lens to examine the incompatibilities of North Atlantic Treaty Organisation’s (NATO) involvement in the Libyan conflict within the context of the African Agenda. The objectives of the study were to evaluate the relations between AU and UNSC on the Libyan crisis, how the UNSC Res 1973 was understood and implemented AU and NATO and to reflect on the implications of NATO led military intervention under the pretext of Responsibility to Protect civilians in Libya. The involvement of NATO’s military force sealed not only the fate of Libyans with no long term plan to the resolution of the crisis but also severely restricted and undermined the efforts of AU in Libya. The efforts of AU and its roadmap were completely negated when NATO forces started their air raids. Divisions were clearly evident within NATO members with Germany and Netherlands opposing the motives of NATO.
The intervention by NATO facilitated regime change and flooded the region with illicit trade in arms and goods, harboured armed extremists’ groups, and terrorists. The cauldron of all of the above effectively destabilised the region. It also exposed deep divisions within AU members, lack of coordination and the effects of limited resources on operations that could be handled continentally to avoid unsavoury interventions. In relation to the Libyan crisis, AU and NATO had divergent interests and could not cooperate in finding long lasting solutions. AU should in the future be proactive in resolving conflicts with the continent and should be prepared to fund its own operations in order to reduce dependence on foreign assistance in similar situations in the future.
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How Can International Institutions Be Improved to Ensure Accountability and Justice for Violations That Occur in Humanitarian and Counter-Terrorism Operations?Sarwar, Fiez I. January 2021 (has links)
The thesis purports to assess the United Nations Security Council (UNSC) in
maintaining international peace and security and the International Criminal
Court (ICC) in prosecuting individuals who have committed severe violations
of international humanitarian law (IHL) and international law, during
humanitarian and counter-terrorism operations. The thesis endeavours to
highlight the failures of both institutions, firstly, the UNSC being unable to fulfil
its institutional mandate, which is mainly attributed to the abuse of veto
privileges granted to the five permanent members (P5). This has effectively
allowed individuals from the militaries of the P5 and their allies elude criminal
liability, promoting a culture of impunity. The UNSC’s failure to prevent P5
members use of unauthorised military force in pursuing counter-terrorism
operations and interpose expeditiously in humanitarian crises, have also
contributed to the erosion of the institutions’ legitimacy, which is further
perpetuated by the USA’s continued ‘War on Terror’ doctrine after the 9/11 terrorist attacks. Secondly, the ICC’s inability to prosecute individuals for crimes under the Rome Statute will also be highlighted as the principle of complementarity and the court’s inability to enforce arrest warrants are
significant factors contributing to the institutions inability to administer
international criminal justice. The thesis draws upon practical examples to
substantiate the failures of both institutions by referring to the conflicts in:
Afghanistan, Iraq, Palestine, Syria and Libya. Before concluding the UNSC
and the ICC have become futile, the thesis will then make recommendations for reform and propose a novel solution to restore legitimacy back to both institutions.
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R2P – A Problem of Inconsistency in Mass Atrocity Response in the United Nations Security Council : A Comparative Case Study of Libya, Cote d’Ivoire, and MyanmarBazan Tourn, Paloma Maria January 2022 (has links)
The “Responsibility to Protect” (R2P) doctrine was created with the purpose of providing an implementation mechanism for the international community to halt and prevent mass atrocity conflicts, however, it is not a legally binding framework, and requires the UNSC’s engagement for its successful implementation. Whilst R2P is a rhetorically compelling international norm, it falls apart in practice. The lack of consistency in its implementation and the UNSC’s inaction to various cases of mass atrocity, which are, in principle, applicable to the doctrine, has sparked controversy. This thesis examines conflicts in which R2P has been utilized and one conflict of similar dimensions in which the principle wasn’t applied, discussing the factors that could explain the question ‘why has the application of R2P been inconsistent at halting atrocity conflicts?’. By juxtaposing two theoretical lenses, Realism and English School, and applying a comparative analysis to these three cases, the thesis establishes that state behavior is driven by preserving power and resources, when it converges with upholding international norms and values. Thus, the thesis concludes that members of the Security Council will support R2P implementation and uphold shared norms and values, only when it serves their national interests.
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Regional Organisations' Representation in the United Nations Security Council Influence on the Security Council's Agenda-settingKrafte, Matiss January 2022 (has links)
When violence against civilians is high in armed conflicts, it is predicted that the UNSC will pay close attention to those conflicts. However, it does not always happen to an equal degree. Based on recently collected data of UNSC agenda-setting behaviour by Susan H. Allen and Amy T. Yuen, this paper asks: why do some conflicts receive more UNSC attention than others, despite similar levels of violence against civilians? The thesis looks into the role of ROs in the UNSC agenda-setting. To account for the variation, the thesis argues that ROs are able to influence the UNSC agenda-setting in a way that leads some conflicts to have more recurrences of items on the agenda and others less. By applying a structured focused comparison on the conflict in Darfur between 2003 – 2007, and the Rohingya crisis in Myanmar between 2016-2022, I find a correlation between representation of ROs and recurrences of agenda-items. However, correlation is not causation, and I conclude that ROs had little influence in the UNSC decision-making and that it was the interests of the P5 and the institutional role of the UN Secretary-General that lead to the variation in the number of recurrences of items on the agenda.
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[en] THE INTERNATIONAL CRIMINAL COURT AND SOVEREIGN (IN)EQUALITY: A RE-READING OF HIERARCHY IN INTERNATIONAL INSTITUTIONS FROM THE AL BASHIR CASE / [pt] O TRIBUNAL PENAL INTERNACIONAL E A (DES)IGUALDADE SOBERANA: UMA RELEITURA DA HIERARQUIA NAS INSTITUIÇÕES INTERNACIONAIS A PARTIR DO CASO AL BASHIRLUISA PEREIRA DA ROCHA GIANNINI 29 May 2018 (has links)
[pt] O presente trabalho realiza uma investigação da (des)igualdade soberana
como um fenômeno que se manifesta nos diferentes níveis de instituições da
sociedade internacional. A análise é desenvolvida a partir do estudo de caso do
processo contra Omar Al Bashir, presidente em exercício do Estado do Sudão, no
Tribunal Penal Internacional. Esse caso evoca uma discussão acerca da autoridade
desempenhada pelo Conselho de Segurança das Nações Unidas nas instituições do
pós-1945, em especial, no direito internacional penal. Considerando que normas e
regras possuem um papel social nas múltiplas relações existentes em meio a
agentes e a estrutura, ou seja, elas transformam as relações no sistema
internacional, o trabalho investiga as disposições e princípios presentes tanto no
âmbito do Tribunal Penal Internacional, quanto também da Organização das
Nações Unidas, que autorizam uma discriminação entre os Estados. Essa distinção
implica a imposição de regras internacionais para alguns atores e, ao mesmo
tempo, a manutenção de certas prerrogativas soberanas para outros. Mais
especificamente, a justiça internacional penal é caracterizada pela seletividade nos
julgamentos, uma vez que é conferida a alguns países certa autoridade sobre o
regime. Nesse sentido, defende-se que a (des)igualdade soberana que está presente
no direito internacional penal é, simultaneamente, manifestação e condição de
possibilidade da hierarquia na arquitetura social, e portanto normativa
institucional, e política do sistema internacional. Argumenta-se, assim, que a
presença dessa (des)igualdade soberana pode ser identificada nos diferentes níveis
das instituições da sociedade internacional, na medida em que elas influenciam
umas às outras, de sorte que as características de uma refletem-se nas demais. / [en] This work carries out an investigation of sovereign (in)equality as a
phenomenon that manifests itself in the different levels of institutions of the
international society. The analysis departs from the case study of the process
against Omar al-Bashir, acting President of the State of Sudan, at the International
Criminal Court This case evokes a discussion about the authority exercised by the
United Nations Security Council over post-1945 institutions, especially
international criminal law. Considering that rules and norms have a social role in
the multiple relations existing between agents and the structure, that is, they
transform the relations in the international system, the work investigates the
dispositions and principles present both in the scope of the International Criminal
Court, as well as of the United Nations, which authorize a discrimination between
States. This distinction implies the imposition of international rules for some
actors and, at the same time, the maintenance of certain sovereign prerogatives for
others. More specifically, international criminal justice is characterized by
selectivity in judgments, as some countries are given certain authority over the
regime. In this sense, it is defended that the sovereign (in)equality, which is
present in international criminal law is simultaneously a manifestation and
condition of possibility of hierarchy in the social, and therefore institutionalnormative,
and political architecture of the international system. It is argued,
therefore, that the presence of this sovereign (in)equality can be identified at
different levels of the institutions of international society, insofar as they influence
each other, so that the characteristics of one are reflected in the others.
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Beneath the Surface : A qualitative analysis of United Nations Security Council decision-making on Responsibility to ProtectKoltai Edfast, Nike January 2023 (has links)
No description available.
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United States counter-narcotics policies towards Burma, and how the illegal myanmar regime is manipulating those policies to commit ethnic genocide.Hochstedler, Robert. 06 1900 (has links)
US counter-narcotic policies towards Burma have possessed a singular-focus. In other words, they have been based on the traditional bilateral triumvirate strategies of eradication, education, and interdiction. Eradicate the crops used to produce illicit narcotics, interdict the flow of illicit drug traffickers, and educate the general population on the dangers of continual drug usage. In the country of Burma though, there are other US policies which also have a singular focus, which have undermined the effectiveness of these policies. Since the Burmese military regime's brutal suppression of the pro-democracy movement in 1988, the US has severed all economic relations with the country. The Burmese economy, which was already far from stable, fell into a downward spiral as a result of these US-led policies. This did not result in a democratic transition. Over seventeen years since these economic sanctions have been in place, the US has not achieved a peaceful regime change in Burma. Furthermore, the attempts to remove the significant flow of illicit narcotics from the country have failed as well. The reason these two singular-oriented policies have failed is that they are targeted at a country much more complex than these strategies have been designed to handle. First of all, there are 135 ethnicities in Burma, while only a small portion of the Burman population maintains political and economic control. Although this would result in ineffective policies with little collateral impact, the ruling Tatmadaw regime has manipulated these policies to commit ethnic genocide upon the ethnic minorities within their territory. Unless a re-assessment of these policies is undertaken by the US and its allies, the only result of their policies will be the elimination of millions of ethnic minorities in this totalitarian state. Therefore, the US must re-assess its position of isolating the Myanmar regime, and focus on a policy of engagement. Only if a structured and progressive incentive policy of economic development is created in conjunction with the regime, can the separate triumvirate policies of counter-narcotics against the ethnic minorities in Burma become effective. / US Navy (USN) author.
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L’Etat de droit et la lutte contre le terrorisme dans l’Union européenne : Mesures européennes de lutte contre le terrorisme suite aux attentats du 11 septembre 2001 / The rule of law and the evolution of the fight against terrorism in the European Union : European measures to fight against terrorism following the attacks of September the 11th 2001Robert, Emilie 16 February 2012 (has links)
La lutte contre le terrorisme, ainsi que ses conséquences sur la sphère des droits de l'Homme, n'est pas un thème nouveau en Europe. Cependant, depuis les attentats du 11 septembre 2001 perpétrés sur le sol des Etats-Unis, «confirmés» par ceux de Madrid en 2004 et Londres en 2005, elle n'a jamais incarné une telle priorité. La majeure partie des mesures prises par l'Union européenne tombe sous le titre de la coopération en matière pénale, c’est-à-dire sousl’ex-troisième Pilier, parmi lesquelles la décision-cadre sur la lutte contre le terrorisme, la décision-cadre sur le mandat d'arrêt européen et les accords entre l'Union européenne et les Etats-Unis d'Amérique sur l'extradition et l'assistance juridique mutuelle. Sur base des mesures européennes, certains Etats, historiquement non concernés par ce phénomène, ont été pressés à adopter des mesures anti-terroristes alors que d’autres y ont vu une légitimation pour renforcer leur corpus juridique déjà existant. Quel est l'impact des mesures européennes et de celles prises par les Etats sur le délicat équilibre entre la sécurité et la liberté ? En d'autres termes, quel est le rôle de l'Etat de droit : une limitation à ces mesures ou, un principe visant au renforcement du combat contre le terrorisme? / The fight against terrorism, as well as its consequences in the field of Human Rights, is not a new theme for Europe. However, since the terrorist attacks of September the 11th 2001 in the United States of America, “confirmed” by the ones of Madrid in 2004 and London in 2005, it has never embodied such a priority. The larger part of the measures taken by the European Union falls under the heading of cooperation in criminal matters, i.e. within the scope of the former Third Pillar, among which the framework decision on combating terrorism, the framework decision on the European arrest warrant and the agreements between the European Union and the United States of America on extradition and mutual legal assistance. On basis of the European measures, some States, not historically concerned by terrorism, have been compelled to carry out counter-terrorism measures whereas, others have seen a legitimation to reinforce their existing body of law. What is the impact of the European measures and the ones taken by States on the delicate balance between security and liberty? In other words, what is the role of the Rule of Law: a limitation to those measures or, a principle aiming to the strengthening of the fight against terrorism?
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La cour penale internationale et les etats africains / The international criminal court and the african statesRahong, Séverin 14 December 2015 (has links)
Vingt et un an après la création du Tribunal International pour le Rwanda et dix-sept ans après la signature du traité de Rome donnant naissance à la Cour pénale international, la fièvre dénonciatrice que connait cette institution n’est toujours pas apaisée. La CPI est-elle otage des idéaux qui justifient sa création et des forces politiques antagonistes auxquelles elle reste malgré tout liée ? Les africains commettraient-ils davantage de crime passibles de poursuites devant la Cour que les ressortissant d’autres continents ? Si l’étude des procédures judiciaires nées des crimes commis dans des conflits se déroulant sur le continent africain et l’analyse des procédures de mise en cause de certains Chefs d’Etats africains soulignent le très important travail de lutte contre l’impunité que réalise la Cour pénale internationale, le bilan de ce travail met toutefois en évidence la collision des procédures judiciaires avec des impératifs politiques internationaux. Ce travail de recherche montre que si la CPI se veut un prolongement de la sécurité collective, l’efficacité de son action et son universalisme sont aujourd’hui mise en doute, au point de cristalliser les rapports de l’organisme judiciaire international avec le continent africain. / Twenty-one year after the creation of the International Tribunal for Rwanda and seventeen years after the signing of the Treaty of Rome giving rise to the International Criminal Court, the whistleblower fever that knows this institution is still not appeased. Is the ICC hostage ideals that justified its creation and antagonistic political forces which it nevertheless remains bound? African they commit more crime prosecuted before the Court that the national of other continents? If the study of legal proceedings arising from crimes committed in conflicts taking place on the African continent and in the analysis of the party proceedings of some African Heads of States stress the very important work to fight against impunity that makes the International Criminal Court, the outcome of this work, however, shows the collision of legal proceedings with international political imperatives. This research shows that if the ICC is an expansion of collective security, the effectiveness of its action and universalism are now in doubt, as to crystallize the reports of the international judicial body with the mainland African.
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Genocide Prevention through Changing the United Nations Security Council Power of VetoButters, Michelle January 2007 (has links)
In 1948 the international community in reaction to the horrors of the holocaust sought to eradicate genocide forever by creating the 'Convention on the Prevention and Punishment of the Crime of Genocide'. This Convention criminalised the preparation and act of genocide by international law, making all individuals accountable irrelevant of status or sovereignty. But the Convention has not been enough to deter the act of genocide from occurring again, and again, and again. Worst, the international community has been slow to react to cases of genocide. The problem with preventing and punishing genocide is hindered by the power and right of veto held by permanent members of the UNSC. The UNSC has been given the responsibility to maintain international peace and security and is the only entity that can mandate an intervention that overrides the principle of non-intervention. The aim of this thesis is to show that the veto has been a crucial factor in stopping the prevention of genocide, thus it is imperative that the veto change. This study argues that to effectively prevent and punish genocide the veto needs to be barred from use in cases of genocide. It looks at different cases since the Armenian genocide during WWI through to the Darfur genocide which is still in process. The case of Armenia is significant because for the first time, members of the international community were prepared to hold leaders of another state accountable for their treatment of their own citizens. However the collective will to bring justice to those accountable waned coming to an abrupt end in 1923. The holocaust followed in WWII; six million Jews died, and numerous other groups were targeted under the Nazi's serial genocide. The shock of the holocaust led to the Genocide Convention. But thirty years later during the Cold War, Cambodia became embroiled in a genocide perpetrated by the Khmer Rouge. The international community silently stood by. The USSR, China, and the US all had their reasons to stay out of Cambodia, from supporting a regime with a likeminded political ideology to war weariness from Vietnam. In the 1990s, genocides in Rwanda and the former Yugoslavia (Bosnia and Kosovo) followed. The former was neglected by the US's unwillingness to be involved in another peacekeeping disaster. The two genocides in the former Yugoslavia were affected by Russia and China's reluctance to use military force even after the clear failure of serial negotiations. Finally, in 2003 Darfur became the latest tragedy of genocide. Again, Russia and China have been timid of calling the conflict genocide thus avoiding any affirmative action to stop it. These cases all show that where one state is unwilling to be involved in stopping genocide, their right and power to the veto stops or delays the international community from preventing and punishing genocide, regardless of whether the veto is used or merely seen as a threat. Therefore, for future prevention of genocide, the veto needs to be changed to prevent its use in times of genocide.
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