Regime-Induced Displacement and Decision-Making Within the United Nations Security Council: The Cases of Northern Iraq, Kosovo, and Darfur

2010 ◽  
Vol 2 (1) ◽  
pp. 101-126
Author(s):  
Phil Orchard

AbstractRegime-Induced Displacement – when governments deliberately use coercive tactics to cause mass displacement – is an increasing phenomenon. It is a problem for the international community because these situations challenge the ability of international and non-governmental organisations to provide the displaced with basic levels of protection and assistance. Yet even while these crises frequently cross the threshold envisioned in the Responsibility to Protect (R2P) doctrine, the Security Council has generally avoided direct interventions, as the ongoing crisis in Darfur demonstrates. This paper argues that this is not new behaviour. Rather, even the two most notable interventions to protect the displaced in these situations – the US-led military deployment in Northern Iraq in 1991 and the NATO-led intervention in Kosovo – were driven by circumstances and politics outside of the Council. This suggests that even as regime-induced displacement is increasing, the likelihood of seeing the Security Council use the R2P doctrine to protect the displaced without reform is negligible.

2019 ◽  
Vol 33 (1) ◽  
pp. 101-115 ◽  
Author(s):  
Jeremy Farrall ◽  
Marie-Eve Loiselle ◽  
Christopher Michaelsen ◽  
Jochen Prantl ◽  
Jeni Whalan

AbstractThis article reassesses how members of the UN Security Council exercise influence over the Council’s decision-making process, with particular focus on the ten elected members (the E10). A common understanding of Security Council dynamics accords predominance to the five permanent members (the P5), suggesting bleak prospects for the Council as a forum that promotes the voices and representation of the 188 non-permanent members. The assumption is that real power rests with the P5, while the E10 are there to make up the numbers. By articulating a richer account of Council dynamics, this article contests the conventional wisdom that P5 centrality crowds out space for the E10 to influence Council decision-making. It also shows that opportunities for influencing Council decision-making go beyond stints of elected membership. It argues that the assumed centrality of the P5 on the Council thus needs to be qualified and re-evaluated.


Author(s):  
Elizabeth Griffiths ◽  
Sara Jarman ◽  
Eric Jensen

The year 2020 marks the twentieth anniversary of the passage of United Nations Security Council Resolution (“UNSCR”) 1325, the most important moment in the United Nations’ efforts to achieve world peace through gender equality. Over the past several decades, the international community has strengthened its focus on gender, including the relationship between gender and international peace and security. National governments and the United Nations have taken historic steps to elevate the role of women in governance and peacebuilding. The passage of UNSCR 1325 in 2000 foreshadowed what many hoped would be a transformational shift in international law and politics. However, the promise of gender equality has gone largely unrealized, despite the uncontroverted connection between treatment of women and the peacefulness of a nation. This Article argues for the first time that to achieve international peace and security through gender equality, the United Nations Security Council should transition its approach from making recommendations and suggestions to issuing mandatory requirements under Chapter VII of the U.N. Charter. If the Security Council and the international community believe gender equality is the best indicator of sustainable peace, then the Security Council could make a finding under Article 39 with respect to ‘a threat to the peace’—States who continue to mistreat women and girls pose a threat to international peace and security. Such a finding would trigger the Security Council’s mandatory authority to direct States to take specific actions. In exercising its mandatory authority, the Security Council should organize, support, and train grassroots organizations and require States to do the same. It should further require States to produce a reviewable National Action Plan, detailing how each State will implement its responsibilities to achieve gender equality. The Security Council should also provide culturally sensitive oversight on domestic laws which may act as a restraint on true gender equality.


2019 ◽  
Vol 11 (1) ◽  
pp. 77-103 ◽  
Author(s):  
Timea Spitka

Although international norms on the Responsibility to Protect ( R2P ), norms stemming from United Nations Security Council Resolution 1325 and the agenda of Women, Peace and Security (wps) have shifted the narrative from a state-centric to a human-centric approach to security, they have failed to intersect in the most difficult contexts. This paper examines the intersections between Pillar iii of R2P, Resolution 1325 and the agenda of wps with a focus on protection in Gaza. Within the Gaza context, all authorities can be seen as failing in their responsibility to protect, however, no steps have been taken toward operationalisation of protection under R2P. Examining protection through a gendered lens provides a critical mirror of strategies of protection as well as a roadmap towards improvement. The article argues that R2P in combination with the agenda of wps provides a potential tool for constructing a consensus prioritising protection of civilians in the most difficult contexts.


1997 ◽  
Vol 37 (321) ◽  
pp. 685-693
Author(s):  
Djiena Wembou

In the face of the atrocities committed in Rwanda between April and July 1994, the international community committed itself to ensuring respect for international humanitarian law and trying those responsible for breaches of it. Thus, on 8 November 1994, the United Nations Security Council adopted resolution 955 creating the International Criminal Tribunal for the prosecution of persons responsible for genocide and other serious violations of international humanitarian law committed in the territory of Rwanda and of Rwandan citizens responsible for such acts committed in the territory of neighbouring States.


2020 ◽  
Vol 4 ◽  
pp. 73-83
Author(s):  
Jorge Luis Silva González ◽  
Orelvis Gener Crespo ◽  
Pedro Alejandro Vigil García

The United Nation Security Council, although it has been the most reformed organ of the Organization, does not currently respond to the claims of democracy of the international community. In this regard, this article proposes four theoretical legal assumptions that should underpin the democratization of the aforementioned organ, regarding the structure and operation established by the UN Charter. The use of applicable methods in the Legal Sciences allowed the formulation of the postulates, among them: the recognition of the perspective of democracy in the UN Charter, and the transformation of the voting system into non-procedural matters and in relation to the processes of reform and revision of the UN Charter.


Author(s):  
Williamson Myra

This chapter examines Israel’s invasion of southern Lebanon on 14 March 1978, often referred to as ‘Operation Litani’. First, the chapter discusses the immediate and long-term causes of the Israeli invasion: the former includes the ‘Coastal Road Massacre’ that occurred on 11 March 1978, whilst the latter includes the effects of the Palestinian presence in southern Lebanon. The second section analyses the positions of the main antagonists, setting forth the positions adopted by Israel, Lebanon, the PLO, Jordan, the US, Syria, Egypt, Kuwait and the United Nations’ Security Council. The third section discusses the legality of this use of force, purportedly an act of anticipatory self-defence to prevent future attacks. Finally, the chapter offers a brief conclusion on the precedential value of this incident. It concludes that the Israeli use of force, which was unanimously condemned by the Security Council, was unlawful.


2019 ◽  
Vol 5 (2) ◽  
pp. 302-328
Author(s):  
Gerald Aldytia Bunga

In this article, the author discusses the issues pertaining to piracy jure gentium and armed robbery at sea. Focus shall be given on the incidence of both crimes occurring offshore Somalia during a certain time period. It is noted that Somalia is unable or unwilling to enforce its law to protect international (commercial) shipping passing through its waters. This inability to enforce the law has been the primary reason, Somalia was forced to seek legal assistance from the international community. By taking lessons from Somalia and comparing these two crimes, the author seeks to propose a model of how to tackle the problem at hand. To be discussed and analysed is a number of United Nations Security Council Resolutions which provide the international community with a guideline how to handle both crimes.


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