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.

The thesis investigates how China and the United States used state sovereignty in their official statements provided to the United Nations Security Council when discussing the Darfur conflict during the time period between 2004 and 2009. The thesis looks in particular at the official statements made with regards to the three different measures taken by the Security Council which were: the implementation of sanctions, the referral to the international criminal court and the deployment of peacekeeping. The thesis found that China applied a more cautious, but consistent, approach in which breaches of state sovereignty were never officially supported. The United States use of state sovereignty evolved as it became more willing over time to breach the sovereign rights of Sudan. The investigation into the official stance by China and the United States also provides general conclusions with regard to state sovereignty in contemporary international relations. First, the thesis finds that state sovereignty is still at the core of decision making in the United Nations Security Council, and as well in international relations, and there no present challenges to the role state sovereignty in contemporary international relations. Nonetheless, the different interpretations applied by states such as China and the United States, delays the decision-making process as states disagree on justifiable breaches of state sovereignty. State authorizes, such as the Government of Sudan, use state sovereignty as a barrier to effective international action to prevent atrocities and heinous crimes against humanity. In this application of state sovereignty, the rights of nation -states are protected more than the individual rights of human beings.

The thesis investigates how China and the United States used state sovereignty in their official statements provided to the United Nations Security Council when discussing the Darfur conflict during the time period between 2004 and 2009. The thesis looks in particular at the official statements made with regards to the three different measures taken by the Security Council which were: the implementation of sanctions, the referral to the international criminal court and the deployment of peacekeeping. The thesis found that China applied a more cautious, but consistent, approach in which breaches of state sovereignty were never officially supported. The United States use of state sovereignty evolved as it became more willing over time to breach the sovereign rights of Sudan. The investigation into the official stance by China and the United States also provides general conclusions with regard to state sovereignty in contemporary international relations. First, the thesis finds that state sovereignty is still at the core of decision making in the United Nations Security Council, and as well in international relations, and there no present challenges to the role state sovereignty in contemporary international relations. Nonetheless, the different interpretations applied by states such as China and the United States, delays the decision-making process as states disagree on justifiable breaches of state sovereignty. State authorizes, such as the Government of Sudan, use state sovereignty as a barrier to effective international action to prevent atrocities and heinous crimes against humanity. In this application of state sovereignty, the rights of nation -states are protected more than the individual rights of human beings.

The changing nature of today’s wars, shows that civilians have been involved in these wars as both victims and perpetrators. Since these are internal wars, many civilians are often displaced, and they end up becoming refugees. In the midst of all this, women and children suffer most in this transition, with women suffering from sexual violence. In this context of armed conflict, it is observed that women, men, girls and boys experience conflict differently and they also respond differently in times of peacekeeping, peacebuilding and also in post-conflict reconstruction. Women are not only the victims of war; they are also denied full participation in decision-making in areas of peace and security. Furthermore, their vital roles in conflict prevention, conflict resolution, peacekeeping and peacebuilding are rarely acknowledged. The United Nations Security Council adopted Resolution 1325 in October 2000, with the theme “Women, Peace and Security”. Although there are other forums that have addressed women in peace and security, there is none that has been more vocal, unanimous and holistic than Resolution 1325. The Resolution recognizes the need for women to be involved in conflict prevention, peacebuilding and post-conflict reconstruction. It also calls for the participation of women in decision making and peace processes. It further calls for the integration of gender perspectives in peacekeeping operations and the protection of women and girls from gender based violence in conflict zones. Resolution 1325 refers to other various previously adopted resolutions and other policies and gives mandates to the different role players like the United Nations, member countries and all parties involved in conflicts. In its efforts to implement the Resolution, the United Nations developed a System-Wide Action Plan for 2005- 2006 which was later reviewed and updated for 2008-2009 with performance indicators, monitoring and accountability procedures. The member states are under the obligation to ensure that the policy on peace and security is incorporated in their national policies. This study has cited Liberia being a country that has emerged from civil war and how the Resolution has been applicable in the reconstruction of that country. Though progress has been recorded in the implementation of the Resolution, there are still gaps and great challenges in the use of the action plans. However, the United Nations entities are working on the revised action plans and their report will only be given in 2010. This study has compared Resolution 1325 with the landmines campaign which has been referred to as the most successful humanitarian advocacy ever in history. There are various lessons learnt from the landmines campaign which could be used for the successful implementation of Resolution 1325. This study has assessed the impact of Resolution 1325 since its adoption to date and found out that there has been little progress. The gender perspective in preventing armed conflict has not made it any easier for women to participate in decision making and peace processes. / Thesis (M.Com.)-University of KwaZulu-Natal, Westville, 2010.

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.

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.