The Rwanda Tribunal

1996 ◽  
Vol 9 (1) ◽  
pp. 37-61 ◽  
Author(s):  
Roy S. Lee
Keyword(s):  
Security Council ◽  
Armed Conflict ◽  
Internal Armed Conflict ◽  
International Court ◽  
Differences Of Opinion ◽  
The Creation ◽  
The Government

The Rwanda Tribunal is an independent judicial institution established by the Security Council under Chapter VII of the UN Charter. It is the first international court having competence to prosecute and punish individuals for egregious crimes committed during an internal armed conflict. While the Government of Rwanda was a member of the Security Council and participated in the negotiations regarding the creation of the Tribunal, there were significant differences of opinion between it and the Council regarding the Tribunal's jurisdiction and competence. This article discusses the special features of the Rwanda Tribunal, as compared to the Yugoslavia Tribunal.

4. Resolution of the General Assembly Concerning Conditions on which Switzerland may become a Party to the Statute of the International Court of Justice, December 10, 1946.

1947 ◽  
Vol 1 (2) ◽  
pp. 410-410
Keyword(s):  
United Nations ◽  
Security Council ◽  
Constitutional Law ◽  
Secretary General ◽  
General Assembly ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
The United Nations ◽  
The Government

THE GENERAL ASSEMBLY THEREFORE DETERMINES, in pursuance of Article 93 paragraph 2 of the Charter, and upon the recommendation of the Security Council, the conditions on which Switzerland may become a party to the Statute of the International Court of Justice, as follows:Switzerland will become a party to the Statute of the Court on the date of the deposit with the Secretary-General of the United Nations of an instrument, signed on behalf of the Government of Switzerland and ratified as may be required by Swiss constitutional law, containing:(a) Acceptance of the provisions of the Statute of the Court;(b) Acceptance of all the obligations of a Member of the United Nations under Article 94 of the Charter;

Promoting Internal Armed Conflict Resolution and Peacebuilding: The Case of the U.S.-Colombia Relations (Part II)

2020 ◽  
Vol 12 (1) ◽  
pp. 150-196
Author(s):  
A. A. Manukhin
Keyword(s):  
United States ◽  
Transitional Justice ◽  
Armed Conflict ◽  
The United States ◽  
Internal Conflict ◽  
Security Issues ◽  
Internal Armed Conflict ◽  
Post Conflict ◽  
The Government

In the present paper the author continues the study of the challenges faced by Colombia in its struggle to overcome the internal armed conflict, as well as the role of the United States in this process. By 2010 the confrontation between the government forces and the armed rebels had reached a breaking point opening the way to a successful conclusion of the Government of Colombia–FARC peace negotiations and the beginning of the country’s post-conflict reconstruction. The paper thoroughly examines the negotiations process, identifies the key disputed issues and the measures outlined for their resolution, including mechanisms of transitional justice, agrarian reform, programmes for demobilization and reintegration of the former combatants. The results of these talks laid the foundation for the historic Peace Accord of September 26, 2016. However, against all hopes and expectations, the agreement failed to bring an end to the long-standing internal conflict in Colombia. The failure of the national referendum, which was designed to approve the agreement, not only revealed deep divisions in the society, but forced the government to make serious concessions to the opponents of the negotiations with FARC. The author emphasizes the growing erosion of the hard-won consensus in the Colombian society, accompanied by the consolidation of the right-wing conservative camp. In this context the role of external sponsors of the peaceful agreement in general and the United States in particular becomes crucial. The paper presents a comparative analysis of approaches to providing aid to Colombia demonstrated by the administrations of Barack Obama and Donald Trump. The author concludes that despite substantial differences, for both administrations the ultimate objective was national security of the United States. That was clearly demonstrated by the fact that the US foreign aid to Colombia focused primarily on the fight against the illegal production of and trafficking in drugs, while the issues of peacebuilding and post-conflict reconstruction received less attention. Assessing Colombia’s experience in overcoming the internal conflict and the role of the United States in that process, the author concludes that although prioritization of security issues may have a considerable organizing potential, at the same time it may be detrimental to the process of post-conflict reconstruction in general.

International Court of Justice

1949 ◽  
Vol 3 (4) ◽  
pp. 703-703
Keyword(s):  
United Nations ◽  
Security Council ◽  
General Assembly ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
The United Nations ◽  
The Government ◽  
Fourth Session

On July 27 the Security Council by 9 votes to 0 with 2 abstentions, recommended that the Principality of Liechtenstein be permitted to become a party to the Statute of the International Court of Justice. By this decision the Security Council endorsed the opinion of its Committee of Experts that Liechtenstein was a state under the provisions of Article 93 (2) of the Charter and that the same conditions should apply to it as to Switzerland: acceptance of the provisions of the Statute, acceptance of all the obligations of a Member of the United Nations under Article 94 and agreement to contribute to the expenses of the Court upon assessment by the General Assembly after consultation with the government. The recommendation was to be considered by the General Assembly at its fourth session.

The Applicability of International Humanitarian Law to the Conflict in Libya

2012 ◽  
Vol 14 (4) ◽  
pp. 403-436 ◽  
Author(s):  
Kubo Mačák ◽  
Noam Zamir
Keyword(s):  
Security Council ◽  
Armed Conflict ◽  
Military Intervention ◽  
International Humanitarian Law ◽  
Controversial Issues ◽  
Humanitarian Law ◽  
Gradual Loss ◽  
The Government ◽  
The Military ◽  
Shed Light

Abstract The purpose of this article is to examine the applicability of international humanitarian law to the 2011 conflict in Libya in its consecutive phases. We argue that the situation in Libya rose to the level of non-international armed conflict between the government forces and insurgents united by the National Transitional Council by the end of February 2011. The military intervention by a multi-state coalition acting under the Security Council mandate since March 2011 occasioned an international armed conflict between Libya and the intervening States. We consider and reject the arguments in favour of conflict convergence caused by the increased collaboration between the rebels and NATO forces. Similarly, we refute the propositions that the Gaddafi government’s gradual loss of power brought about conflict de-internationalisation. Finally, we conclude that both parallel conflicts in Libya terminated at the end of October 2011. The article aspires to shed light on the controversial issues relating to conflict qualification in general and to serve as a basis for the assessment of the scope of responsibility of the actors in the Libyan conflict in particular.

scholarly journals The escalation of an armed conflict: a look at the antecedents of the confrontation between the Colombian state and the FARC

2020 ◽  
Vol 3 (2) ◽  
pp. 101-106
Author(s):  
Nelson Cano-Holguín ◽  
Javier Jiménez-Osorio
Keyword(s):  
Political Parties ◽  
Armed Conflict ◽  
Minority Groups ◽  
Western Hemisphere ◽  
National Front ◽  
Peace Accord ◽  
Internal Armed Conflict ◽  
The Third ◽  
The Creation ◽  
Account Giving

With one of the longest-running conflicts in the Western Hemisphere, the Colombian state has been facing an internal armed conflict against the FARC since the 1950s. Four milestones set the framework for the most important background in this conflict. The first one, with the murder of leader Jorge Eliecer Gaitan, unleashed acts of severe violence between liberals and conservatives; then, the second milestone was due to the creation of the “national front” that ended the disputes by rotating power between these political parties; however, other minority groups were not taken into account, giving rise to the third milestone, where the FARC guerrillas emerged by claiming a communist model, and the fourth milestone corresponds to heavy military strikes against this guerrilla group that forced the FARC to a negotiate peace accord. Considering the theory of escalation and stagnation of the armed conflict, this article aims at summarizing the background that has led to this conflict, which had its beginnings in political disputes but gradually escalated to become a serious problem that the country has been suffering.

scholarly journals ROLE OF THE UNHCR IN REPATRIATION OF AFGHAN REFUGEES FROM PAKISTAN: POST 9/11 ERA

2020 ◽  
Vol 5 (1) ◽  
pp. 43-53
Author(s):  
Faiz Bakhsh ◽  
Muhammad Asif Safdar
Keyword(s):  
Armed Conflict ◽  
Legal Framework ◽  
Displaced Persons ◽  
Afghan Refugees ◽  
Host State ◽  
Internal Armed Conflict ◽  
Supportive Role ◽  
The Government ◽  
Refugee Problem

The post 9/11-armed conflict in Afghanistan resulted in the displacement of millions of Afghans and many of these displaced persons entered Pakistan as refugees. Moreover, the involvement of Pakistan in the conflict as an ally to NATO claimed Pakistan an internal armed conflict that displaced waves and waves of internal displacements. Repatriation is considered as a durable solution of the refugee problem. It is the responsibility of the host state to plan for safe and voluntary return of refugees and the UNHCR plays a supportive role in complying with this responsibility. However, the principles of safety, voluntariness and dignity are preserved during repatriation. To comply with the legal framework for refugees regarding repatriation, Pakistan had been struggling a lot in the context of the ongoing armed conflict in both Afghanistan and Pakistan. UNHCR has been helping and assisting the government of Pakistan in planning and executing the safe and voluntary Afghan refugees. This cooperation between the UNHCR and Pakistan has remained effective in achieving the goal of repatriation of Afghan Refugees in the context of ongoing conflicts in both Afghanistan and Pakistan in the context of difficult circumstances  This paper discusses the repatriation of the Afghan refugees from Pakistan, engineered by the UNHCR and Pakistan, under the legal framework applicable for safe and voluntary return of refugees, amid waves of repeated displacements due to the ongoing conflicts in Afghanistan and Pakistan.

Part Two Rights, 7 The Rights of Victims and Transitional Justice

2017 ◽  
Author(s):  
Espinosa Manuel José Cepeda ◽  
Landau David
Keyword(s):  
International Law ◽  
Transitional Justice ◽  
Armed Conflict ◽  
International Humanitarian Law ◽  
International Human Rights Law ◽  
Humanitarian Law ◽  
Human Rights Law ◽  
Internal Armed Conflict ◽  
The Government ◽  
Sentence Reductions

Because of the scope and duration of Colombia’s internal armed conflict, that conflict has produced much suffering in the civilian population. This chapter focuses on the Court’s jurisprudence protecting the rights of victims, especially of the internal armed conflict. In this area, the incorporation of international law has been particularly important. Drawing on this jurisprudence, the Court has insisted that victims be given rights to truth, justice, and reparations. The contours of this right have proven particularly important in processes in which the government has sought to give amnesties or sentence reductions in return for participation in the peace process by illegal armed groups, first with paramilitaries and now with guerrilla groups. In reviewing these frameworks, the Court has sought to create criteria that are flexible while retaining the core restrictions of international human rights law and international humanitarian law.

scholarly journals MECANISMOS DE REPARACIÓN A LAS VÍCTIMAS DEL CONFLICTO ARMADO EN EL MARCO JURÍDICO DE LA JUSTICIA TRANSICIONAL Y LOS DESAFÍOS FRENTE A SU IMPLEMENTACIÓN

2019 ◽  
Vol 11 ◽  
pp. 95-105
Author(s):  
DEISI MONTES ◽  
◽  
ESPERALDA PEREZ ◽  
RUTH TAVERA
Keyword(s):  
Armed Conflict ◽  
Internal Armed Conflict ◽  
The Government

Colombia is a country that has been characterized for living in an internal armed conflict by decades, the conflict has been left an untold balance of victims who has been exposed to every possible kind of cruelty, setting up a violation to theirs humans rights. It is therefore that the government has been adopted mechanics to make disappear the effects of the violations and make the victims get back to the point where there is no violation, nonetheless the measure that has been adopted, are inefficient and a lot of times ineffective, because there is converging factors like the unwillingness of the government and their institutions.

The History of the Inter-American System's Jurisprudence as Regards Situations of Armed Conflict

2011 ◽  
Vol 2 (1) ◽  
pp. 3-52 ◽  
Author(s):  
Christina M. Cerna
Keyword(s):  
Human Rights ◽  
Armed Conflict ◽  
Advisory Opinion ◽  
International Human Rights Law ◽  
Humanitarian Law ◽  
Member States ◽  
Internal Armed Conflict ◽  
International Court ◽  
History Of ◽  
Do So

AbstractFaced with insurgencies and situations of internal armed conflict in a number of Organization of American States (OAS) member states, some states called upon the Inter-American Commission on Human Rights (IACHR) to take into account the operations of irregular armed groups when assessing the situation of human rights in their countries. The IACHR responded that only assessment of state actions had been included within its mandate and that the OAS member states should amend the IACHR's Statute if they wished to expand its mandate. The OAS member states failed to do so. In 1996, the International Court of Justice (ICJ), in its Advisory Opinion on Nuclear Weapons, set forth its view on the relationship between international human rights law (IHRL) and international humanitarian law (IHL). In 1997, following the ICJ's Opinion, the IACHR began to apply IHL as the lex specialis in its assessments of the situation of IHRL and IHL to cases involving situations of armed conflict and continued to do so until the Inter-American Court of Human Rights (IACtHR) declared the IACHR incompetent to apply IHL. This article submits that the IACtHR erred in its judgment on the Preliminary Objections in Las Palmeras v. Colombia.

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