scholarly journals When Elephants Collide it is the Grass that Suffers: Cooperation and the Security Council in the Context of the au/icc Dynamic

2014 ◽  
Vol 7 (3) ◽  
pp. 381-398 ◽  
Author(s):  
Dire Tladi

Much has been written about the tension between the African Union and the icc. Equally, the relationship between the icc and the Security Council has received a significant amount of attention. Very often, the discourse has presented the debate a stand-off between the protagonist fighting the good fight and antagonists intent on wanton destruction. This article is concerned with the relationships between the icc, au and the Security Council. It argues that the relationships can be characterised as triangular conflictual relationship in which all three sides of the triangle are straddled by cooperation. The paper argues that all three entities, the icc, the au and Security Council are culpable in the use and abuse of cooperation against each other in the pursuit of narrow interests.

2014 ◽  
Vol 7 (3) ◽  
pp. 351-379 ◽  
Author(s):  
Benson Chinedu Olugbuo

There are two questions with multiple answers regarding the relationship between Africa and the International Criminal Court. The first is whether the International Criminal Court is targeting Africa and the second is if politics plays any role in the decision to investigate and prosecute crimes within the jurisdiction of the International Criminal Court. For the African Union, the International Criminal Court has become a western court targeting weak African countries and ignoring the atrocities committed by big powers including permanent members of the United Nations Security Council. The accusation by the African Union against the International Criminal Court leads to the argument that the International Criminal Court is currently politised. This is a charge consistently denied by the prosecutor of the International Criminal Court. The aim of this paper is to discuss the relationship between the United Nations Security Council, the International Criminal Court and the African Union. It articulates the role of the three institutions in the fight against impunity and the maintenance of international peace and security with reference to the African continent. The paper argues that complementarity should be applied to regional organisations and that the relationship between the African Union and the International Criminal Court should be guided by the application of positive complementarity and a nuanced approach to the interests of justice. This offers the International Criminal Court and the African Union an opportunity to develop mutual trust and result-oriented strategies to confront the impunity on the continent. The paper further argues that the power of the United Nations Security Council to refer situations to the International Criminal Court and defer cases before the Court is a primary source of the disagreement between the prosecutor and the African Union and recommends a division of labour between the International Criminal Court and the United Nations Security Council.


The United Nations Secretary-General and the United Nations Security Council spend significant amounts of time on their relationship with each other. They rely on each other for such important activities as peacekeeping, international mediation, and the formulation and application of normative standards in defense of international peace and security—in other words, the executive aspects of the UN’s work. The edited book The UN Secretary-General and the Security Council: A Dynamic Relationship aims to fill an important lacuna in the scholarship on the UN system. Although there exists an impressive body of literature on the development and significance of the Secretariat and the Security Council as separate organs, an important gap remains in our understanding of the interactions between them. Bringing together some of the most prominent authorities on the subject, this volume is the first book-length treatment of this topic. It studies the UN from an innovative angle, creating new insights on the (autonomous) policy-making of international organizations and adding to our understanding of the dynamics of intra-organizational relationships. Within the book, the contributors examine how each Secretary-General interacted with the Security Council, touching upon such issues as the role of personality, the formal and informal infrastructure of the relationship, the selection and appointment processes, as well as the Secretary-General’s threefold role as a crisis manager, administrative manager, and manager of ideas.


Author(s):  
Manu Bhagavan

This chapter discusses India’s association with the United Nations. Guided by the vision of Mahatma Gandhi and Jawaharlal Nehru, the country initially had a highly successful grand strategy guiding its foreign policy that placed that UN at the centre of its diplomatic efforts. Things took a sharp downward turn, however, during the administration of Indira Gandhi, and the relationship has lacked cohesion and meaningful direction ever since. In recent times, India has sought to become a permanent member of the Security Council and has relatedly but unsuccessfully attempted to wield influence, though large questions about its purpose and goals remain. Contemporary crises, though, now make the answers ever more urgent.


2016 ◽  
Vol 6 (4) ◽  
pp. 126-141
Author(s):  
S.S. Kulakov

The increasing number of dysfunctional families causes an increase in the number of civil litigation on the education of the child, where the relationship between the persons are highly conflictual. The actual task is study the one of components in the structure of the psychological relationship - emotional and semantic constructs underlying semantic perception of each other and the child's parents. Examination of 42 testees (parents) from harmonious families and 54 testees (parents) during the forensic psychological and psychiatric examination (regarding the definition of child`s residence or the order of meetings for the child and the parent who don`t live with it) by methods "Geometric test of relations" and "Semantic Differential" showed that in families where is highly conflictual relationship, there is positive assessments of herself and her child, while assessment of the spouse (wife) characterized inversion. This negative attitude toward the spouse (wife) is not the other parent's negative characteristics. It is the ignoring the other parent's positive characteristics. The positive acceptance of all family members was revealed in harmonious families.


Author(s):  
Anders Henriksen

This chapter discusses some of the more relevant methods for peaceful dispute settlement. It begins by introducing a number of non-adjudicatory settlement mechanisms and providing a brief overview of the role played by the UN. It then discusses the adjudicatory means of settling disputes, including international arbitration; the competences and powers of the International Court of Justice; issues of access to the Court and the Court's jurisdiction in contentious cases; the power of the Court to issue provisional measures; the effects of the Court's decisions; the relationship between the Court and the UN Security Council; and the Court's competence to issue advisory opinions.


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