scholarly journals Responsible Veto Restraint: a Transitional Cosmopolitan Reform Measure for the Responsibility to Protect

2020 ◽  
Vol 12 (4) ◽  
pp. 385-414
Author(s):  
Richard Illingworth
Keyword(s):  
United Nations ◽  
Security Council ◽  
Code Of Conduct ◽  
United Nations Security Council ◽  
Responsibility To Protect ◽  
Veto Power ◽  
Reform Measure ◽  
Mass Atrocity ◽  
The United Nations ◽  
Atrocity Crimes

Abstract This article examines reform to the ‘veto’ power held by the five permanent members of the United Nations Security Council. The responsibility to react to mass atrocity crimes under the Responsibility to Protect (R2P) lies predominantly in the hands of the Security Council, meaning that R2P and the veto are inseparable. Veto use can obstruct the Council from meeting its R2P, reflected by the ongoing crisis in Syria, over which 16 Council draft resolutions have been vetoed to date. This article applies a transitional cosmopolitan framework to offer an informal ‘Responsible Veto Restraint’ (rvr) recommendation for veto reform. This measure provides a more effective and feasible avenue for veto reform than the recommendations of the Accountability, Coherency, and Transparency Group’s Code of Conduct and the France-Mexico Joint initiative for veto restraint. rvr can help promote R2P action through the Security Council, offering an avenue for progress towards addressing the problem of atrocity crimes.

scholarly journals Pengapusan Hak Veto Dalam Rangka Reformasi Dewan Keamanan Perserikatan Bangsa-Bangsa

2021 ◽  
Vol 2 (2) ◽  
pp. 210-234
Author(s):  
Dewi Afrilianti ◽  
Budi Ardianto ◽  
Dony Yusra Pebrianto
Keyword(s):  
United Nations ◽  
Security Council ◽  
Research Method ◽  
The United States ◽  
United Nations Security Council ◽  
Veto Power ◽  
National Interests ◽  
Original Intent ◽  
Permanent Member ◽  
The United Nations

This study aims to find out what is the reason the veto is considered irrelevant to the Security Council in realizing world security and peace in connection with the plan of veto power in the framework of reform of the United Nations Security Council because the use of veto rights by the five permanent member states of the Security Council, especially the United States has been used with no limits. The research method used is normative type with statutory, conceptual, and case approach. The results of this study show that the security council's veto power in practice has deviated from its original intent. The reform efforts of the United Nations Security Council have many obstacles but the main obstacles that greatly hinder the reform efforts are the arrogant, selfish, and willless nature of the permanent members of the United Nations Security Council who are veto holders to continue to maintain their hegemony and national interests. Keywords:  United Nations; Right; Veto;

scholarly journals Foreign Terrorist Fighters and the UN Investigative Team to Support Domestic Efforts to Hold ISIS Accountable for War Crimes, Crimes Against Humanity and Genocide Committed in Iraq: Building a Bridge that Should Be Used

2021 ◽  
pp. 1-30
Author(s):  
Montserrat Abad Castelos
Keyword(s):  
United Nations ◽  
Security Council ◽  
War Crimes ◽  
United Nations Security Council ◽  
Crimes Against Humanity ◽  
The United Nations ◽  
The One ◽  
Atrocity Crimes ◽  
Foreign Fighters ◽  
Investigative Team

After examining the United Nations Security Council (UNSC) resolutions referred to the foreign fighters who joined the ranks of ISIS in Iraq and Syria andthe UN Investigative Team to support domestic efforts to hold ISIS accountable for war crimes, crimes against humanity and genocide committed in Iraq (UNITAD or the Investigative Team) this article brings both contents together in order to ascertain whether there may be gaps or problems which should be addressed, since both developments were prompted by the UNSC. It is explored whether there may be certain inconsistencies, such as the one relating to the emphasis placed on different crimes, depending on the resolutions in question. Thus, those related to FTFs focus on terrorism crimes, while those related to UNITAD refer to atrocity crimes. Hereinafter the action and evolution of UNITAD is  examined, in order to determine whether it might be helpful to overcome some existing barriers and avoid impunity for atrocity crimes. It will be concluded that UNITAD may provide substantial support, not only in relation to trials in Iraq, but also in third States, by providing useful tools or evidence to prosecute FTFs. Seizing this opportunity will require further action, which will be  crucial to promote accountability and justice.

Until What? Enforcement Action or Collective Self-Defense?

1991 ◽  
Vol 85 (3) ◽  
pp. 506-516 ◽  
Author(s):  
Eugene V. Rostow
Keyword(s):  
United Nations ◽  
Security Council ◽  
Gulf War ◽  
United Nations Security Council ◽  
Veto Power ◽  
Legal Issue ◽  
Enforcement Action ◽  
Self Defense ◽  
Collective Self ◽  
The United Nations

Should the Persian Gulf war of 1990-1991 be characterized as an “international enforcement action” of the United Nations Security Council or as a campaign of collective self-defense approved, encouraged, and blessed by the Security Council?This is not simply a nice and rather metaphysical legal issue, but an extremely practical one. The question it presents is whether the control and direction of hostilities in the gulf, their termination, and the substance of the settlement they produce were handled by the Council as the Korean War was handled, that is, as a campaign of collective self-defense, or as the United Nations’ first “international enforcement action.” According to some international lawyers, characterizing the gulf war as a Security Council “enforcement action” under the untried procedures of Articles 42-50 of the Charter would in effect eviscerate Article 51, make the exercise of each state’s “inherent” right of self-defense subject to the permission of the Security Council, threaten the veto power of the permanent members of the Security Council, and thus lead to extremely grave and perhaps insoluble political difficulty. It could even destroy the United Nations.

UN Peacekeeping Operations and Successful Military Diplomacy: A Case Study of Pakistan

2020 ◽  
Author(s):  
Bakare Najimdeen
Keyword(s):  
Foreign Policy ◽  
United Nations ◽  
Security Council ◽  
United Nations Security Council ◽  
Policy Objective ◽  
Peacekeeping Operations ◽  
Un Peacekeeping ◽  
The United Nations ◽  
Peacekeeping Missions ◽  
Military Diplomacy

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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