The Protection of Civilians in Armed Conflict, and the Women, Peace and Security Agenda

Author(s):  
Rosemary Foot

The protection of civilians in armed conflict (POC) since 1999 has been recognized as a core obligation of the United Nations, and as vital to the legitimation of the Security Council’s role and status in its efforts to control and confront large-scale violence. Over the course of this same period, and with the passage in 2000 of Security Council Resolution 1325, the women, peace and security (WPS) agenda has also become a prominent part of action associated with the protection of civilians. This chapter first discusses some of the steps that have been taken to put POC and WPS on the UN’s agenda, before turning to the official Chinese response to these two core areas of the UN’s activities. That response illustrates once again a complex interplay between Beijing’s understanding that it must be responsive in this area of action, while remaining attentive to its belief in the need to ensure the preservation of a state-based international order that includes a restrained UN Security Council interpretation of the types of conflict that represent threats to international peace and security. In both the POC and WPS policy areas, China accords a primary role to economic development as the most effective means of preventing the conflicts that are the source of civilian harm and for improving women’s rights and representation.

Author(s):  
Laura J. Shepherd

This chapter outlines the architecture of the Women, Peace, and Security agenda at the United Nations. Building on the explanation of the adoption of UN Security Council Resolution 1325 provided earlier in the volume, it explores the meanings of “women,” “peace,” and “security” that are constructed through the WPS policy framework. The chapter traces the continuities and changes to the central concepts in the resolutions and reflects on the implications of these representational practices as they affect the provisions and principles of the WPS agenda in practice. Moreover, the chapter draws out the key provisions of each resolution to explore the tensions that have arisen over time regarding the types of energy and commitment that have become manifest in the architecture supporting WPS implementation. This in turn enables a brief analysis of likely future directions of WPS practice and a comment on the ways in which Security Council dynamics might affect and effect certain possibilities while excluding or proscribing others.


2016 ◽  
Vol 19 (1) ◽  
pp. 241-277 ◽  
Author(s):  
Alena F. Douhan

The United Nations organization was planned to be established as a single universal system of collective security. Major efforts were supposed to be taken by the UN Security Council. Regional organizations were introduced into the system as a subordinate subsidiary means – elements of the system. Over the course of the time it has, however, appeared that the UN Security Council was not able to act in the way prescribed by the UN Charter in suppressing newly emerged threats and challenges in the sphere of security. In the contrary, the role of regional organizations has increased substantially. They do the majority of tasks in the sphere of maintenance of international peace and security, often without authorization or even informing the UN Security Council, although the legality of some of these actions may be dubious. As a result, the Council itself transfers the accent in relations between the UN and regional organizations from subsidiarity to complementarity or even partnership. It is thus necessary to re-check the meaning of the concepts of complementarity and subsidiarity as well as the UN Charter provisions in the changed circumstances and to specify principles of the new system.


Author(s):  
Nizam Safaraz

Abstract             Every human being has the rights to be protected from discrimination by any party, especially the act of gross human rights violations. In order to prevent this, the Security Council has a function to secure international peace and security from threats to international peace. One of the case that is becoming an international concern is the human rights violations on Rohingya by Myanmar Military. In its implementation, the UN Security Council can intervene a country known to violate human rights of its people, however the Security Council's intervention caused a controversy that questioned the validity of the intervention by Security Council. Thus, the purpose of this research is to find out whether the situation in Myanmar is valid for the UN Security Council to carry out humanitarian interventions. Accordingly, this research also analyzes legal measures by the UN Security Council in dealing with human rights violations in Myanmar. Keyword: Human Rights, Humanitarian Intervention, Rohingya, UN Security Council


1958 ◽  
Vol 12 (3) ◽  
pp. 273-287 ◽  
Author(s):  
Leland M. Goodrich

It has been the unfortunate fate of the United Nations to have been most conspicuously unsuccessful in performing that task which was to be its major responsibility and for which it was supposed to be best equipped. Naturally this has also been the fate of the Security Council upon which the Members of the Organization, by the terms of Article 24, conferred “primary responsibility for the maintenance of international peace and security”. Against this background of failure and consequent dissatisfaction, many have been asking whether the Security Council is fated to become like the human appendix, an atrophied organ with no useful function to perform or whether the present condition is not one that can and should be remedied or that perhaps will be changed in any case by an improvement in the state of international relations. To form a judgment on these possibilities it is necessary to recall the original conception of the Security Council, to review its record, and to analyze the causes of its decline and the likelihood of their elimination or counterbalancing by other forces.


Author(s):  
Erin Pobjie

In Resolution 2532 (2020), the UN Security Council characterised the COVID-19 pandemic as an endangerment to international peace and security and, for the first time, demanded a general ceasefire and humanitarian pause in armed conflicts across the globe. This article analyses the resolution and its broader implications. In particular, it examines the significance of the Council’s characterisation of the COVID-19 pandemic, the binding powers of the Security Council for addressing threats to international peace and security which are not ‘threats to the peace’, and the implications for the Council’s mandate and the collective security framework. This article argues that the concept of ‘international peace and security’ under Article 24(1) of the United Nations (UN) Charter – rather than Article 39 ‘threats to the peace’ – is fundamental to the delimitation of the Security Council’s mandate and powers for addressing non-traditional threats to international peace and security such as pandemics and the climate crisis.


Author(s):  
Laura J. Shepherd

This history of UN Security Council Resolution (UNSCR) 1325, and its articulation of the Women, Peace and Security (WPS) agenda that grew from its adoption, are as familiar to anyone working on the agenda as the alphabet, the rules of grammar and syntax, or the spelling of their own name. This book encounters WPS as a policy agenda that emerges in and through the stories that are told about it, focusing on the world of WPS work at the United Nations Headquarters in New York (noting, of course, that many other equally rich and important stories could be told about the agenda in other contexts). Part of how the WPS agenda is formed as (and simultaneously forming) a knowable reality is through the narration of its beginnings, its ongoing unfolding, and its plural futures. These stories account for the inception of the agenda, outline its priorities, and delimit its possibilities, through the arrangement of discourse into narrative formations that communicate and constitute the agenda’s triumphs and disasters. This is a book about the stories of the WPS agenda and the worlds they contain.


2020 ◽  
Vol VI (1-2) ◽  
pp. 61-111

United Nations (UN) organs have the primary responsibility in the collective security system. The UN Security Council is a body with broad responsibilities for the maintenance of international peace and security. Accordingly, this body makes recommendations and decisions with the aim of establishing international peace and security. It also enacts measures that do not involve, but also those that involve the use of armed force. In relation to the Security Council, the UN General Assembly has a subsidiary role in the maintenance of international peace and security. The Republic of Austria was a non-permanent member of the UN Security Council from 1990 to 1992. It was important for Austria that the UN system of collective security functions properly, having in mind the fact that the territory of the former Yugoslavia is in its immediate vicinity, as well as the fact that the basic principles of international law were violated, especially in Bosnia and Herzegovina. In this regard, the officials of the Republic of Austria at the United Nations initiated, participated in the preparation and voting of several UN Security Council resolutions with the aim of implementing certain collective security measures in Bosnia and Herzegovina. The most important acts related to the implementation of the set of collective security measures adopted by the United Nations organs with the strong involvement of the Republic of Austria are: UN Security Council Resolutions 749 and 752 (activities of the Republic of Austria in stopping the war in Bosnia and Herzegovina at an early stage), UN Security Council Resolutions 757 (economic sanctions against FR Yugoslavia), UN Security Council Resolution 761 (sending UNPROFOR to Sarajevo Airport), UN Security Council Resolution 764 (proposal to impose coercive measures), Council Resolutions 770 and 771 UN Security Council (delivery of humanitarian aid to Bosnia and Herzegovina and its right to self-defense), UN Security Council Resolution 779 (right to return the refugees), UN Security Council Resolution 781 (establishment of a no-fly zone), Security Council Resolution 787 UN (proposal for the establishment of protected zones), UN General Assembly Resolutions 48/88 and 49/10 (request for lifting the arms embargo on Bosnia and Herzegovina and Herzegovina).


2015 ◽  
Vol 54 (2) ◽  
pp. 306-346 ◽  
Author(s):  
Jonathan P. Worboys

The United Nations (UN) Report on the Protection of Civilians in the Non International Armed Conflict in Iraq (Office of the High Commissioner for Human Rights and UN Assistance Mission for Iraq), UN Security Council Resolutions 2170 and 2178, and UN Human Rights Council Resolution S-22/1 (UN Documents) form a key part of the international community’s efforts to resolve, manage, and document the ongoing non-international armed conflict in Iraq.


2013 ◽  
Vol 26 (2) ◽  
pp. 369-397 ◽  
Author(s):  
CHRISTIAN HENDERSON ◽  
NOAM LUBELL

AbstractThis article sets out to examine the legal nature of ceasefire resolutions issued by the United Nations Security Council. While it has become common practice for the Council to issue calls or demands for ceasefires, their legal nature – and in particular whether they are legally binding – remains unclear. Furthermore, given the ubiquity of non-international armed conflict, there is an additional challenge with regard to the legal effect of such resolutions upon non-state armed groups. The article provides an analysis of these issues and concludes with a potential way forward.


Author(s):  
Charles Riziki Majinge

SummaryThis article examines the role of regional arrangements under the Charter of the United Nations (UN Charter) in the maintenance of international peace and security. The African Union Peace and Security Council (AU PSC), the organ within the AU charged with addressing threats to international peace and security on the African continent, is used as a case study. The author contends that the major challenges facing regional arrangements in exercising mandates under Article 53 of the UN Charter of the United Nations have more to do with inadequate financial and logistical resources than the nature of those mandates. Taking the AU’s role in Somalia, Sudan, and other African countries as examples, the article demonstrates that the AU PSC has failed to achieve its objective of maintaining peace and security precisely because the United Nations (UN) Security Council — a more powerful and better resourced organ — has failed to live up to its responsibility of extending the assistance necessary to enable the AU PSC to perform its functions. Consequently, the author concludes that the UN Security Council, when delegating powers to regional arrangements to maintain international peace and security, should provide adequate resources to such regional arrangements, especially those that will otherwise have minimal or no capacity to fulfil their mandate effectively.


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