Looting and Smuggling of Artifacts as a Strategy to Finance Terrorism Global Sanctions as a Disruptive and Preventive Tool

2019 ◽  
Vol 26 (3) ◽  
pp. 331-342 ◽  
Author(s):  
Hans-Jakob Schindler ◽  
Frederique Gautier

Abstract:In recent years, the Islamic State in Iraq and the Levant (ISIL)1 as well as several Al-Qaida affiliates have used the systematic and large-scale looting of antiquities as one of their income streams. Due to the large-scale and organized looting activities of these groups, in particular, in Iraq and the Syrian Arab Republic, the United Nations Security Council (UNSC), following various reports and recommendations by the ISIL, Al-Qaida and Taliban Monitoring Team has adopted a range of measures, chiefly among them the landmark UNSC Resolution 2347 (2017) to counter this threat. These measures demand that both member states’ regulators as well as private sector stakeholders take specific action to ensure that the art and antiquity trading industry is capable of defending itself against the misuse of their services to finance terrorism. This article outlines the various challenges member states and private industry are facing in this regard and explains how the various new UNSC provisions, including the measures outlined in UNSC Resolution 2347 (2017), could be employed effectively to counter this threat.

2019 ◽  
Vol 3 (2) ◽  
pp. 202-218
Author(s):  
Jessica Priscilla Suri

AbstractThe United Nations Security Council (SC) holds the primary responsibility to maintain international peace and security as stipulated in Article 24 of the United Nations Charter (UN Charter). The emergence of international terrorism as a threat to international peace and security encourages the SC to impose sanctions in the form of assets freeze, travel ban and arms embargo towards targeted individuals through the SC Resolutions on Taliban, Al-Qaida and the Islamic State of Iraq and the Levant (ISIL). However, the implementation of UN targeted sanctions towards individuals has been violating the targeted individual’s human rights to property, rights of movement, rights to privacy, honor and reputation, and also the rights to a fair trial. This article will explain about the legitimation of the SC Resolutions in imposing sanction towards an individual, and the obligation of UN member states towards the SC resolution that imposes sanctions against its citizen. The violations of human rights stemming from the implementation of SC Resolutions on sanction towards individuals indicate that the resolutions have been adopted beyond the limits of international law. Therefore this condition makes the resolutions lost its legitimacy under international law. In accordance with Article 25 and 103 of the UN Charter, all member states have an obligation to accept, carry on and give priority to the obligation originating from the SC Resolution including to implement the sanction measures towards individuals. Nevertheless, member states must accommodate and harmonize its obligations in respecting, protecting and fulfilling all the individuals’ rights who are targeted by the SC along with its obligation to the SC Resolutions. Keywords: Human Rights, Sanction towards Individuals, United Nations Security Council.AbstrakDewan Keamanan Perserikatan Bangsa-Bangsa (DK) memiliki tanggungjawab utama untuk menjaga perdamaian dan keamanan internasional berdasarkan Pasal 24 Piagam PBB. Munculnya terorisme internasional sebagai ancaman terhadap perdamaian dan keamanan internasional mendorong DK untuk menjatuhkan sanksi berupa pembekuan aset, pelarangan perjalanan serta embargo senjata kepada individu yang ditargetkan melalui rezim Resolusi Taliban, Al-Qaida dan Islamic State of Iraq and the Levant (ISIL). Dalam penerapannya penjatuhan sanksi tersebut menimbulkan pelanggaran Hak Asasi Manusia (HAM) yaitu hak terhadap properti, hak kebebasan berpindah, hak atas privasi, kehormatan dan reputasi serta hak atas proses pengadilan yang adil. Pelanggaran HAM tersebut memunculkan tujuan dilakukannya penulisan artikel ini yaitu untuk menunjukan mengenai legitimasi resolusi DK yang menjatuhkan sanksi kepada individu, serta memaparkan mengenai kewajiban negara anggota PBB terhadap resolusi DK yang menjatuhkan sanksi kepada warga negaranya. Pelanggaran HAM yang disebabkan oleh penerapan penjatuhan sanksi terhadap individu mengindikasikan bahwa resolusi yang mendasari penjatuhan sanksi tersebut diadopsi dengan melampaui batasan-batasan penjatuhan sanksi DK dan telah kehilangan legitimasinya menurut hukum internasional. Sehingga meskipun negara memiliki kewajiban berdasarkan Pasal 25 dan 103 Piagam PBB untuk tetap menerima, melaksanakan dan mengutamakan kewajibannya berdasarkan Resolusi DK yang menjatuhkan sanksi terhadap individu, negara tetap harus mengakomodir dan mengharmonisasikan kewajibannya dalam menghormati, melindungi dan memenuhi HAM individu yang dijatuhkan sanksi saat melaksanakan kewajibannya yang berasal dari Resolusi DK. Kata Kunci: Dewan Keamanan Perserikatan Bangsa-Bangsa, Hak Asasi Manusia, Sanksi terhadap Individu


2018 ◽  
Vol 57 (1) ◽  
pp. 163-179
Author(s):  
Andreas Schloenhardt

In response to the large number of irregular migrants crossing the Mediterranean Sea from Libya to southern Italy, frequently using overcrowded, unseaworthy vessels, and often facilitated by migrant smugglers, on October 9, 2015, the United Nations Security Council (UNSC) adopted Resolution 2240. This resolution authorizes member states to intercept, inspect, and seize vessels suspected of being used to smuggle migrants or to traffic persons. Initially limited to one year, these measures were renewed through two further UNSC resolutions on October 6, 2016, and October 5, 2017.


Author(s):  
Aderemi Opeyemi Ade-Ibijola

The manner in which the United Nations Security Council (UNSC) is presently constituted remains the greatest challenge to the realization of the ambitions of UNSC permanent seat seekers. For the highly infl uential economic giants better known as the “middle powers”- Japan, India, Brazil, and Germany; and African leading contenders such as Nigeria, South-Africa and Egypt ambitions to yield the desired result, they must mandatorily secure the support of the UNSC Permanent fi ve veto holding members. In light of the foregoing, this paper examines the attempts to reform the UNSC since the late 1960s and the roles of the Permanent fi ve members of the UNSC such as Britain, China, France, USA and Russia regarding this endeavour. Specifi cally, it argues that the Permanent fi ve member’s disposition to this issue has been the major challenge to the much desired reform of the UNSC. The UNSC is the main organ of the United Nations (UN) that is vested with powers to maintain international peace and security. Since its creation in mid 1940s, this organ has been criticized for its undemocratic nature by member states whose region are either not represented in the Security Council (SC) or under-represented.  


2018 ◽  
Vol 57 (5) ◽  
pp. 960-965
Author(s):  
Scott A. Gilmore

On September 21, 2017, the United Nations Security Council unanimously passed Resolution 2379 mandating the establishment of an Investigative Team to collect and preserve evidence for use in national courts of international crimes carried out by the terrorist group Islamic State in Iraq and the Levant (ISIL). Resolution 2379 marks a growing trend in the United Nations’ establishment of investigative mechanisms to support the domestic prosecution of international crimes, in lieu of referrals to the International Criminal Court or creation of ad hoc international or hybrid tribunals.


2020 ◽  
Vol 15 (1-3) ◽  
pp. 35-42
Author(s):  
Mariya Hristozova

In the last decade, the growing num­ber of acts of terrorism that threaten world peace and security, as well as the funda­mental values in every democratic socie­ty, in particular respect for fundamental human rights, have called for more active action by the international community in the struggle with terrorism. In this regard, the United Nations Security Council adopted a number of resolutions establish­ing sanctions regimes against the Islamic State of Iraq and Levant (IDES), Al-Qai­da and the Taliban, and other individuals, groups, and related entities and suspected terrorist suspects. Despite the social pur­pose of these regimes, they created se­rious preconditions for violations of the human rights of the affected subjects, in particular the right to a fair trial, the right to an effective remedy, the right to prop­erty, the right of the persons concerned to be informed of the charges against them, the right to be heard and other procedur­al rights. This circumstance calls for re­forms to be made to the arrangements in place to ensure fundamental human rights in the fight against terrorism.


2021 ◽  
Vol 9 (4) ◽  
pp. 5-15 ◽  
Author(s):  
Judith Nora Hardt

In the context of the United Nations Security Council (UNSC), the debate on whether climate change should be included and how has been ongoing since 2007. This article contributes to existing research on this problem by expounding a three-fold analysis. First, it assesses the conceptual approach to the climate-security nexus from the joint statement of 10 UNSC member states in 2020. Second, it critically exposes the confusion of different climate-security conceptions and uncovers shared assumptions of the UNSC-member states in 2020 by comparing their different positions, which makes a soon-to-come agreement likely. Third, it critically evaluates whether the proposal to include climate change into the UNSC will lead to a transformative change of the institution, of the meaning of security, and on how this would correspond to the existential threats outlined in the Anthropocene context. The theoretical framework of analysis draws on critical security studies. It takes as its empirical basis the primary sources of the UNSC debate of 2020 and is also informed by the secondary literature on climate and security and the Earth System Sciences descriptions of the state of the planet.


1959 ◽  
Vol 21 (2) ◽  
pp. 417-455 ◽  
Author(s):  
F. Triska ◽  
Howard E. Koch

WithinTheLast decade, the United Nations has undergone three modifications which, taken separately, are quite significant; together, they represent a true metagenesis of the Organization.The first modification paralleled a development which had occurred in the League of Nations: both organizations were designed to be led, if not controlled, by the powerful members permanently seated in the League's Council and the United Nations' Security Council. In both organizations, however, the less powerful member states, in spite of the constitutional provisions, have persisted in endeavoring to assert themselves and have sought in numbers a balance to, and — whenever feasible — a substitute for, the authority lodged with the few strongest nations. The ultimate acquisition of prestige by the Assembly of the League of Nations was their success.


Author(s):  
Bakare Najimdeen

Few years following its creation, the United Nations (UN) with the blessing of the United Nations Security Council (UNSC) decided to establish the UN Peacekeeping Operations (UNPKO), as a multilateral mechanism geared at fulfilling the Chapter VII of the UN Charter which empowered the Security Council to enforce measurement to maintain or restore international peace and security. Since its creation, the multilateral mechanism has recorded several successes and failures to its credit. While it is essentially not like traditional diplomacy, peacekeeping operations have evolved over the years and have emerged as a new form of diplomacy. Besides, theoretically underscoring the differences between diplomacy and foreign policy, which often appear as conflated, the paper demonstrates how diplomacy is an expression of foreign policy. Meanwhile, putting in context the change and transformation in global politics, particularly global conflict, the paper argues that traditional diplomacy has ceased to be the preoccupation and exclusive business of the foreign ministry and career diplomats, it now involves foot soldiers who are not necessarily diplomats but act as diplomats in terms of peacekeeping, negotiating between warring parties, carrying their countries’ emblems and representing the latter in resolving global conflict, and increasingly becoming the representation of their countries’ foreign policy objective, hence peacekeeping military diplomacy. The paper uses decades of Pakistan’s peacekeeping missions as a reference point to establish how a nation’s peacekeeping efforts represent and qualifies as military diplomacy. It also presented the lessons and good practices Pakistan can sell to the rest of the world vis-à-vis peacekeeping and lastly how well Pakistan can consolidate its peacekeeping diplomacy.


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