Challenge or Confi rmation? The Role of the Swedish Parliament in the Decision-making on the Use of Force

2011 ◽  
Vol 80 (1) ◽  
pp. 25-93 ◽  
Author(s):  
Inger Österdahl
Keyword(s):  
Decision Making ◽  
Use Of Force ◽  
Peace Operations ◽  
Democratic Accountability ◽  
International Peace ◽  
Strong Position ◽  
The Government ◽  
The Cold War ◽  
Self Defence

AbstractThe Swedish parliament has a strong position in the decision-making on the international use of force. Still, its role is affected by the rapid internationalization of the Swedish defence. More and quicker decisions have to be taken on Swedish contributions to international peace operations. The origin of the decisions of the Swedish parliament, moreover, can be traced to international decision-making bodies on which the Swedish parliament and sometimes even the Swedish government have no influence at all. Parliament is conscious of its important role and looks after its interests in the domestic decision-making context. Sometimes it challenges the government on specific issues relating to the operations, but in the end parliament always tend to agree and unanimously as well. This article studies the involvement of the Swedish parliament in the decision-making on the contribution of armed troops to international peace operations since the end of the Cold War. The article gives particular attention to the use – or not – of the law delegating the decision-making power over troop contributions entirely to the government. The issue of self-defence against armed attacks on the Realm is also taken up and the potential impact of an expanded notion of self-defence on the decision-making role of parliament. Concerns of democratic accountability form the background to the reasoning in its entirety.

International Law and the Use of Force

2018 ◽  
Author(s):  
Gray Christine
Keyword(s):  
International Law ◽  
Use Of Force ◽  
Military Operations ◽  
Regional Organizations ◽  
Enforcement Action ◽  
Un Peacekeeping ◽  
The Usa ◽  
The Government ◽  
Self Defence

This book explores the use of force in international law. It examines not only the use of force by states but also the role of the UN in peacekeeping and enforcement action, and the increasing role of regional organizations in the maintenance of international peace and security. The UN Charter framework is under challenge: Russia’s invasion of Georgia and intervention in Ukraine, the USA’s military operations in Syria, and Saudi Arabia’s campaign to restore the government of Yemen by force all raise questions about the law on intervention. The ‘war on terror’ that began after the 9/11 terrorist attacks on the USA has not been won. It has spread far beyond Afghanistan, leading to targeted killings in Pakistan, Somalia, and Yemen, and to intervention against ISIS in Iraq and Syria. Is there an expanding right of self-defence against non-state actors? The development of nuclear weapons by North Korea has reignited discussion about the legality of pre-emptive self-defence. The NATO-led operation in Libya increased hopes for the implementation of ‘responsibility to protect’, but it also provoked criticism for exceeding the Security Council’s authorization of force because its outcome was regime change. UN peacekeeping faces new challenges, especially with regard to the protection of civilians, and UN forces have been given revolutionary mandates in several African states, but UN peacekeeping is not suited to counter-terrorism or enforcement operations. The UN now turns to regional organizations as first responders in situations of ongoing armed conflict.

United Nations Peace Operations: Reconsidering the Principles, Reforming the Practice

2016 ◽  
Vol 60 (3) ◽  
pp. 16-26
Author(s):  
A. Nikitin
Keyword(s):  
Democratic Republic Of Congo ◽  
New Technology ◽  
Use Of Force ◽  
Peace Operations ◽  
Leading Role ◽  
Practical Guidelines ◽  
National Coalition ◽  
Peace Enforcement ◽  
High Level ◽  
Self Defence

The article describes and debates main points and recommendations of the Report-2015 of the Independent High Level Group on the UN Peace Operations. The author analyses doctrinal innovations and practical guidelines suggested by the Group and debates consequences of the recommended “politicizing” of the UN operations (assuring the leading role for the UN in any political peace process supported by UN peacekeepers, and avoiding operations where the UN role is limited to passive disengagement of conflict sides). Necessity for and limits of reconsidering traditional principles of peacekeeping, such as impartiality, consent of conflict parties, and use of force for self-defence are questioned. Trends in UN operations are compared with trends in operations related to conflicts in the Post-Soviet space (South Ossetia/Georgia, Abkhazia/Georgia, Tajikistan, Transnistria/Moldova, etc.). The author advocates timeliness for an extended interpretation of the “defence of the mandate” formula instead of the classical “self-defence of the contingent”. It is suggested to practically erase the dividing line between operations of the “peacekeeping” type under the UN DPKO, and “political missions” under the UN Political Department. The arsenal of the UN instruments for conflict resolution must be widened from non-intrusive observation missions, conflict prevention and mediation, through support of ceasefire agreements and implementation of peace accords, down to coercive peace enforcement, offensive elements, and UN Charter Chapter VII-based collective operations against aggressive regimes and states. Poorly defined functions and insufficiently clarified use of force limits for the SC-mandated “UN Intervention Brigade” in Democratic Republic of Congo lead to unnecessary involvement of the UN into coercive actions. The experience of the UN “infrastructural hubs” establishing, like the one in Entebbe (Uganda) used for supplying eight African UN operations, is described. New technology for peacekeeping, like the use of unpiloted flying drones, opens new opportunities, but creates legal and practical problems. A distinction of functions between “blue helmets” (specially trained multinational UN contingents) and “green helmets” (regular national armies used by states in foreign conflicts) is recommended, including avoidance of counter-terrorism tasks and strong coercive tasks for the UN peacekeepers. Parallel and interfaced “partnerships” between the limited UN operations and more forceful national/coalition operations in the same areas are suggested instead.

Treatment of Disabled Infants

PEDIATRICS ◽  
1984 ◽  
Vol 74 (4) ◽  
pp. 572-572
Author(s):  
PAUL F. WEHRLE
Keyword(s):  
Decision Making ◽  
Human Services ◽  
Medical Professionals ◽  
Health And Human Services ◽  
Department Of Health ◽  
Baby Doe ◽  
The Government ◽  
Role Of Parents ◽  
Seriously Ill

In Reply.— I am concerned that the Academy's position on treatment decisions regarding seriously ill newborns may have been construed to be one in alliance with the government's hard-line stand on interventionism and insistence upon treatment. It has always been our position that neither the government nor the courts should interfere in decisions best made by parents in consultation with medical professionals. The Academy is as committed to this concept today as it was when it first challenged the Department of Health and Human Services (DHHS) and successfully struck down the first "Baby Doe" rule which ignored the role of parents in this critical decision-making arena.

Librarians, Records Managers, and E-Government

2012 ◽  
pp. 1148-1164
Author(s):  
Cathrine T. Nengomasha
Keyword(s):  
Decision Making ◽  
Information And Communication Technologies ◽  
Information Literacy ◽  
Communication Technologies ◽  
Access To Information ◽  
Traditional Role ◽  
Information And Communication ◽  
The Government ◽  
Modern Technologies

Governments have turned to the use of information and communication technologies with the aim of improving service delivery, encouraging citizens in the decision making process, and enhancing accountability, transparency, and effectiveness. Effective inclusive participation of citizens in the government of their country requires access to information through modern technologies. Access to information is vital for transparency, accountability, participation, and the rule of law – all hallmarks of democratic governance. This chapter looks at the role of librarians and records managers in promoting e-government. Their traditional role of collecting, organizing, preserving, and disseminating information places them in a very significant position in e-governance implementation. However, in an electronic environment, they face a number of challenges which include economic, technological, and information literacy. The role played by these professionals, and the challenges each meet are discussed. Some recommendations are provided to enhance the role of these professionals in e-government implementation.

The Chilcot Report

2019 ◽  
pp. 273-288
Author(s):  
Stephen Bouwhuis
Keyword(s):  
Decision Making ◽  
United Kingdom ◽  
International Law ◽  
Legal Practice ◽  
Ethical Aspects ◽  
Legal Advice ◽  
The United Kingdom ◽  
General Relevance ◽  
The Government

The inquiry by the United Kingdom into its decision to intervene in Iraq is one of the longest running and most comprehensive examinations of government decision-making. In particular, the inquiry examined in detail the processes by which legal advice was provided to and formed a part of the decision by the Government of the United Kingdom to intervene in Iraq. Through this lens, the current chapter examines what the inquiry illustrates about the general relevance of international law to the decision to intervene in Iraq and more broadly what illustrates about the role of international law in decision-making more generally. In particular, the chapter pertains to the practical and ethical aspects providing international legal advice to government as well as the nature of government legal practice more generally.

14. The use of force and collective security

2019 ◽  
pp. 346-374
Author(s):  
Gleider Hernández
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Security Council ◽  
Use Of Force ◽  
Collective Security ◽  
International Peace ◽  
Humanitarian Interventions ◽  
Peace And Security ◽  
United Nations Charter ◽  
Self Defence

This chapter looks at the use of force and collective security. Today, the United Nations Charter embodies the indispensable principles of international law on the use of force. These include the prohibition on the unilateral use of force found in Article 2(4), and the recognition of the inherent right of all States to use force in self-defence found in Article 51. Finally, under Chapter VII, a collective security system centred upon the Security Council was established for the maintenance of international peace and security. A key debate over the scope of Article 2(4) is whether a new exception has been recognized which would allow the use of force motivated by humanitarian considerations. It is argued that these ‘humanitarian interventions’ would allow a State to use force to protect people in another State from gross and systematic human rights violations when the target State is unwilling or unable to act.

Introduction: International Law and the Problem of War

2016 ◽  
Author(s):  
Marc Weller
Keyword(s):  
International Law ◽  
Armed Conflict ◽  
Use Of Force ◽  
War And Peace ◽  
Community Values ◽  
Resolution Rule ◽  
United Nations System ◽  
The Cold War ◽  
Nations System

This chapter examines the role of international law in preventing war and armed conflict. It begins by discussing three approaches to war and peace: the realist approach, the managerial approach, and the utopian visionary approach. It then considers some of the features of the United Nations system that were drawn from the League of Nations experience, including enforcement, dispute resolution, rule of law, prohibition of the use of force, and self-defence. The chapter also analyses how the UN Security Council deals with armed attacks undertaken by non-state actors, such as acts of terrorism. Finally, it outlines new challenges to the law on the use of force, particularly the new potential for armed conflict following the end of the Cold War, the issue of humanitarian intervention, and claims to enforcement of global community values.

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