Chapter 8. Beyond Criminal Law: The Role Of The Un Security Council In Enhancing Accountability For Terrorist Acts

2010 ◽  
Vol 23 (4) ◽  
pp. 883-887 ◽  
Author(s):  
CHRISTIAN WENAWESER

AbstractThis contribution sets out the path towards consensus at Kampala. Before the Review Conference, two main issues remained unresolved: the question whether some form of consent by the alleged aggressor state should be required, and the role of the UN Security Council. Few had expected a consensus on a comprehensive package. The outcome of Kampala reflects significant compromises, but also a significant step to advance international criminal law.


2020 ◽  
Vol 22 (1-4) ◽  
pp. 17-39
Author(s):  
Ambassador Colin Keating

This article discusses the role of the UN Security Council during the crisis in Rwanda in 1993/94. It focuses on the peacekeeping dimensions of the Council’s involvement. It is a perspective from a practitioner, rather than an academic. It also makes some observations about whether the Rwanda crisis has had an enduring influence on Security Council practice. It does not address the impact on practical aspects of peacekeeping or on the UN Department of Peacekeeping Operations.


Napredak ◽  
2021 ◽  
Vol 2 (3) ◽  
pp. 15-20
Author(s):  
Vladislav Jovanović

The paper recapitulates the process of the destruction of the Yugoslav state (SFRY and FRY). Special attention is given to the key factor in that process, the will of the West, embodied in the USA and the EC (EU), for whom the continued existence of Yugoslavia was no longer of geopolitical interest. The conferences on Yugoslavia, organized in Brussels and The Hague, were supposed to serve to legitimize this goal: the disappearance of Yugoslavia. The author points out that when the West did not manage to achieve its goal with political solutions, it involved NATO, through the aggression in 1999. Previously, Serbia's legitimate opposition to terrorist acts by the KLA on its territory, as an internal issue par excellence, was declared a threat to "peace and security in the world", and the UN Security Council took it as a permanent topic of its sessions. There had been secessionist uprisings and armed conflicts in UN member states before, as there are today, but the Security Council never before dared to violate the article of the UN Charter that states that these questions are the exclusive competence of the member state concerned. An exception was made only in the case of Serbia, although the defense against KLA terrorism was legal and limited to the territory of the Autonomous Province of Kosovo and Metohija, i.e., the Yugoslav state border was never crossed. The false claim of William Walker, the head of the OSCE mission in Kosovo and Metohija, concerning the massacre in Racak, was the cause of the war of aggression against the FRY. By illegally naming the protectorate of Kosovo as the so-called state of the Albanian national minority, the West took this as the final stroke in the dismemberment of Yugoslavia and Serbia, thus ignoring the story of the phoenix rising from its ashes.


2020 ◽  
pp. 78-99
Author(s):  
Alexander Thompson

The UN Security Council increasingly authorizes weapons inspections to enforce nonproliferation. These are cases of indirect governance, where the Council (the governor) relies on separate bodies (intermediaries) to conduct inspections in states of concern (targets). Despite the risks, the Council often seems willing to forego control in return for gaining the benefits of a competent intermediary that can address its ambitious policy goals and capability deficits. These cases point to important differences between preexisting intermediaries (such as the IAEA and OPCW) and ad hoc intermediaries created for specific tasks (such as the inspection commissions that operated in Iraq). The latter are far more amendable to control, both ex ante and ex post. Over time, we see increasing goal divergence between the governor and intermediaries, driven mainly by the shifting interests of Security Council members, but we also see the competence of intermediaries increase as they gain on-the-ground experience, making control more difficult. The collective nature of the Security Council further complicates control efforts, creating a temptation for individual members to interfere unilaterally with intermediaries and targets. The analysis suggests that the role of sovereign, strategic targets deserves more attention in the study of indirect governance at the international level.


2003 ◽  
Vol 97 (3) ◽  
pp. 590-598 ◽  
Author(s):  
Richard A. Falk

President George W. Bush historically challenged the United Nations Security Council when he uttered some memorable words in the course of his September 12, 2002, speech to the General Assembly: “Will the UN serve the purpose of its founding, or will it be irrelevant?” In the aftermath of the Iraq war there are at least two answers to this question. The answer of the U.S. government would be to suggest that the United Nations turned out to be irrelevant due to its failure to endorse recourse to war against the Iraq of Saddam Hussein. The answer of those who opposed the war is that the UN Security Council served the purpose of its founding by its refusal to endorse recourse to a war that could not be persuasively reconciled with the UN Charter and international law. This difference of assessment is not just factual, whether Iraq was a threat and whether the inspection process was succeeding at a reasonable pace; it was also conceptual, even jurisprudential. The resolution of this latter debate is likely to shape the future role of the United Nations, as well as influence the attitude of the most powerful sovereign state as to the relationship between international law generally and the use of force as an instrument of foreign policy.


2016 ◽  
Vol 19 (1) ◽  
pp. 241-277 ◽  
Author(s):  
Alena F. Douhan

The United Nations organization was planned to be established as a single universal system of collective security. Major efforts were supposed to be taken by the UN Security Council. Regional organizations were introduced into the system as a subordinate subsidiary means – elements of the system. Over the course of the time it has, however, appeared that the UN Security Council was not able to act in the way prescribed by the UN Charter in suppressing newly emerged threats and challenges in the sphere of security. In the contrary, the role of regional organizations has increased substantially. They do the majority of tasks in the sphere of maintenance of international peace and security, often without authorization or even informing the UN Security Council, although the legality of some of these actions may be dubious. As a result, the Council itself transfers the accent in relations between the UN and regional organizations from subsidiarity to complementarity or even partnership. It is thus necessary to re-check the meaning of the concepts of complementarity and subsidiarity as well as the UN Charter provisions in the changed circumstances and to specify principles of the new system.


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