The Peace and Security Council of the African Union, the Use of Force and the United Nations Security Council: The Case of the Sudan

2005 ◽  
pp. 213-251
Keyword(s):  
United Nations ◽  
Security Council ◽  
Use Of Force ◽  
United Nations Security Council ◽  
African Union ◽  
Peace And Security ◽  
The United Nations

scholarly journals Maritime Enforcement of United Nations Security Council Resolutions: Use of Force and Coercive Measures

2011 ◽  
Vol 26 (2) ◽  
pp. 235-261 ◽  
Author(s):  
ZOU Keyuan
Keyword(s):  
United Nations ◽  
International Law ◽  
Security Council ◽  
Korean Peninsula ◽  
Use Of Force ◽  
United Nations Security Council ◽  
International Peace ◽  
Primary Responsibility ◽  
Peace And Security ◽  
The United Nations

AbstractThe Charter of the United Nations designates the United Nations Security Council (UNSC) as one of the principal organs of the United Nations, assuming the “primary responsibility for the maintenance of international peace and security”. It has the power to determine the existence of any threat to the peace, breach of the peace, or act of aggression, to make recommendations, and decide what measures should be taken to maintain or restore international peace and security. This article addresses a number of issues concerning how the UNSC Resolutions are enforced at sea in accordance with applicable international law and makes special reference to the circumstances in East Asia, particularly the Korean Peninsula.

scholarly journals The African Union, the United Nations Security Council and the Politicisation of International Justice in Africa

2014 ◽  
Vol 7 (3) ◽  
pp. 351-379 ◽  
Author(s):  
Benson Chinedu Olugbuo
Keyword(s):  
United Nations ◽  
Security Council ◽  
International Criminal Court ◽  
International Criminal ◽  
Criminal Court ◽  
United Nations Security Council ◽  
African Union ◽  
African Countries ◽  
The United Nations ◽  
The Relationship

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.

scholarly journals World Peace and Gender Equality: Addressing UN Security Council Resolution 1325’s Weaknesses

2021 ◽  
pp. 247
Author(s):  
Elizabeth Griffiths ◽  
Sara Jarman ◽  
Eric Jensen
Keyword(s):  
United Nations ◽  
Gender Equality ◽  
Security Council ◽  
International Community ◽  
United Nations Security Council ◽  
Security Council Resolution ◽  
World Peace ◽  
International Peace ◽  
Peace And Security ◽  
The United Nations

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.

scholarly journals The United Nations Security Council Reforms and The Permanent Five Challenge: A Historical Perspective

2020 ◽  
Author(s):  
Aderemi Opeyemi Ade-Ibijola
Keyword(s):  
South Africa ◽  
United Nations ◽  
Security Council ◽  
Historical Perspective ◽  
United Nations Security Council ◽  
International Peace ◽  
Member States ◽  
Peace And Security ◽  
The United Nations ◽  
Middle Powers

The manner in which the United Nations Security Council (UNSC) is presently constituted remains the greatest challenge to the realization of the ambitions of UNSC permanent seat seekers. For the highly infl uential economic giants better known as the “middle powers”- Japan, India, Brazil, and Germany; and African leading contenders such as Nigeria, South-Africa and Egypt ambitions to yield the desired result, they must mandatorily secure the support of the UNSC Permanent fi ve veto holding members. In light of the foregoing, this paper examines the attempts to reform the UNSC since the late 1960s and the roles of the Permanent fi ve members of the UNSC such as Britain, China, France, USA and Russia regarding this endeavour. Specifi cally, it argues that the Permanent fi ve member’s disposition to this issue has been the major challenge to the much desired reform of the UNSC. The UNSC is the main organ of the United Nations (UN) that is vested with powers to maintain international peace and security. Since its creation in mid 1940s, this organ has been criticized for its undemocratic nature by member states whose region are either not represented in the Security Council (SC) or under-represented.  

scholarly journals THE UNITED NATIONS SECURITY COUNCIL RESOLUTION ON SANCTIONS TOWARDS INDIVIDUAL FROM THE PERSPECTIVE OF INTERNATIONAL LAW

2019 ◽  
Vol 3 (2) ◽  
pp. 202-218
Author(s):  
Jessica Priscilla Suri
Keyword(s):  
Human Rights ◽  
United Nations ◽  
International Law ◽  
Security Council ◽  
United Nations Security Council ◽  
Islamic State ◽  
International Peace ◽  
Member States ◽  
Peace And Security ◽  
The United Nations

AbstractThe United Nations Security Council (SC) holds the primary responsibility to maintain international peace and security as stipulated in Article 24 of the United Nations Charter (UN Charter). The emergence of international terrorism as a threat to international peace and security encourages the SC to impose sanctions in the form of assets freeze, travel ban and arms embargo towards targeted individuals through the SC Resolutions on Taliban, Al-Qaida and the Islamic State of Iraq and the Levant (ISIL). However, the implementation of UN targeted sanctions towards individuals has been violating the targeted individual’s human rights to property, rights of movement, rights to privacy, honor and reputation, and also the rights to a fair trial. This article will explain about the legitimation of the SC Resolutions in imposing sanction towards an individual, and the obligation of UN member states towards the SC resolution that imposes sanctions against its citizen. The violations of human rights stemming from the implementation of SC Resolutions on sanction towards individuals indicate that the resolutions have been adopted beyond the limits of international law. Therefore this condition makes the resolutions lost its legitimacy under international law. In accordance with Article 25 and 103 of the UN Charter, all member states have an obligation to accept, carry on and give priority to the obligation originating from the SC Resolution including to implement the sanction measures towards individuals. Nevertheless, member states must accommodate and harmonize its obligations in respecting, protecting and fulfilling all the individuals’ rights who are targeted by the SC along with its obligation to the SC Resolutions. Keywords: Human Rights, Sanction towards Individuals, United Nations Security Council.AbstrakDewan Keamanan Perserikatan Bangsa-Bangsa (DK) memiliki tanggungjawab utama untuk menjaga perdamaian dan keamanan internasional berdasarkan Pasal 24 Piagam PBB. Munculnya terorisme internasional sebagai ancaman terhadap perdamaian dan keamanan internasional mendorong DK untuk menjatuhkan sanksi berupa pembekuan aset, pelarangan perjalanan serta embargo senjata kepada individu yang ditargetkan melalui rezim Resolusi Taliban, Al-Qaida dan Islamic State of Iraq and the Levant (ISIL). Dalam penerapannya penjatuhan sanksi tersebut menimbulkan pelanggaran Hak Asasi Manusia (HAM) yaitu hak terhadap properti, hak kebebasan berpindah, hak atas privasi, kehormatan dan reputasi serta hak atas proses pengadilan yang adil. Pelanggaran HAM tersebut memunculkan tujuan dilakukannya penulisan artikel ini yaitu untuk menunjukan mengenai legitimasi resolusi DK yang menjatuhkan sanksi kepada individu, serta memaparkan mengenai kewajiban negara anggota PBB terhadap resolusi DK yang menjatuhkan sanksi kepada warga negaranya. Pelanggaran HAM yang disebabkan oleh penerapan penjatuhan sanksi terhadap individu mengindikasikan bahwa resolusi yang mendasari penjatuhan sanksi tersebut diadopsi dengan melampaui batasan-batasan penjatuhan sanksi DK dan telah kehilangan legitimasinya menurut hukum internasional. Sehingga meskipun negara memiliki kewajiban berdasarkan Pasal 25 dan 103 Piagam PBB untuk tetap menerima, melaksanakan dan mengutamakan kewajibannya berdasarkan Resolusi DK yang menjatuhkan sanksi terhadap individu, negara tetap harus mengakomodir dan mengharmonisasikan kewajibannya dalam menghormati, melindungi dan memenuhi HAM individu yang dijatuhkan sanksi saat melaksanakan kewajibannya yang berasal dari Resolusi DK. Kata Kunci: Dewan Keamanan Perserikatan Bangsa-Bangsa, Hak Asasi Manusia, Sanksi terhadap Individu

Action or inaction: United Nations Security Council activity, 1994–2013

2020 ◽  
Vol 57 (5) ◽  
pp. 658-665 ◽  
Author(s):  
Susan Hannah Allen ◽  
Amy T Yuen
Keyword(s):  
United Nations ◽  
Security Council ◽  
International Institutions ◽  
United Nations Security Council ◽  
Legislative Behavior ◽  
Public Meetings ◽  
Daily Data ◽  
Peace And Security ◽  
International Issues ◽  
The United Nations

This article presents new data on the behavior of the United Nations Security Council from 1994 to 2013. Which international issues does the United Nations Security Council act upon? Which issues are ignored, languishing for years on the Council’s agenda? What are the characteristics of the issues that are considered by the Council and what are the characteristics of those that are overlooked? Beginning with the annual Summary Statements on matters of which the Security Council is seized, information was gathered for every agenda item that appears on the Security Council’s agenda during this period. Daily data are recorded for the number of public meetings and private informal consultations held, as well as the number of resolutions (which are voted on), presidential statements (which are a product of consensus), and vetoes that occur. These data offer scholars new opportunities for testing theories of legislative behavior in international institutions, particularly on issues of peace and security, that have not been available heretofore. In this article, we introduce the data and coding processes, present trends, illustrate prospects for research that could benefit from these data and provide an empirical application.

scholarly journals The Women, Peace and Security Agenda: The Unfinished Story of Feminist Revolution versus Compromise in Global Politics

2019 ◽  
Vol 54 (4) ◽  
pp. 47-65
Author(s):  
Míla O'Sullivan
Keyword(s):  
International Relations ◽  
United Nations ◽  
Security Council ◽  
United Nations Security Council ◽  
Security Council Resolution ◽  
Global Politics ◽  
Global Order ◽  
Security Governance ◽  
Peace And Security ◽  
The United Nations

The adoption of the United Nations Security Council Resolution 1325 on women, peace and security (WPS) in 2000 has prompted the development of an extensive WPS scholarship within the field of feminist International Relations. The dynamic scholarly debate is characterised by certain tensions between two feminist groups – the radical revolutionary one which advocates a redefinition of the global order and is more sceptical of the agenda, and the pragmatist one accentuating the compromise towards the existing peace and security governance. This article explores the two main subjects of the WPS research – the discourse and implementation, as they have been informed by the revolutionary and pragmatist approaches. The article shows that while the academic inquiries into the WPS discourse reveal disappointment with the compromises made regarding the revolutionary vision, this disappointment is also present in the literature on implementation. The latter literature nonetheless acknowledges feminist pragmatism as a way forward given the realities on the ground.

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