scholarly journals Never again? The role of the global network of R2P focal points in preventing atrocity crimes

2021 ◽  
Vol 39 (2) ◽  
pp. 161-181
Author(s):  
Martin Mennecke
Keyword(s):  
International Law ◽  
Focal Point ◽  
Responsibility To Protect ◽  
Global Network ◽  
Focal Points ◽  
Government Officials ◽  
Member States ◽  
Abstract Entities ◽  
Atrocity Crimes

The Nuremberg judgement famously held that crimes against international law are committed by men, not by abstract entities – but who, then, is to prevent these crimes? In 2005, all UN Member States agreed that it was their responsibility to protect populations against atrocity crimes (short R2P). In 2010, the idea was born to appoint senior government officials to act as individual R2P Focal Points to help implement this historic pledge. This article critically examines the focal point idea and its practice, focusing on the experience of the Danish R2P Focal Point as well as the role of the Global Network of R2P Focal Point which today has members from 61 UN member states. The article highlights the significant potential of the R2P Focal Points but also a series of pre-conditions that need to be met if the appointment of a R2P Focal Point is not to remain a mere gesture.

The Role of the Legal Adviser of the Department of State

1991 ◽  
Vol 85 (2) ◽  
pp. 358-371 ◽  
Keyword(s):  
Foreign Policy ◽  
International Law ◽  
Government Officials ◽  
Department Of State ◽  
Decisionmaking Process ◽  
Legal Adviser ◽  
American Society ◽  
The U.S

In October 1988 the American Branch of the International Law Association and the American Society of International Law established a Joint Committee on the Role of the Legal Adviser of the Department of State. The Committee’s charge was to examine the role of the Legal Adviser in encouraging respect for international law in the U.S. government decisionmaking process, and to make suggestions and recommendations to enhance the Legal Adviser’s effectiveness in this regard. The thirty-four members of the Committee included nine former Legal Advisers, a former President’s counsel, other past and present U.S. government officials, academics and private attorneys. Collectively, the Committee reflected broad experience and a variety of perspectives as regards issues of U.S. foreign policy and international law. (The members of the Committee are listed in footnote 1.)

The Law of Treaties

2021 ◽  
pp. 141-158
Author(s):  
Lorenzo Gasbarri
Keyword(s):  
International Law ◽  
Legal System ◽  
Controversial Issue ◽  
Member States ◽  
Dual Nature ◽  
Legal Nature ◽  
The Law ◽  
International Law Commission ◽  
Law Commission

This chapter applies the dual legal nature to the law of treaties. It begins by describing how international organizations were conceptualized in the debates of the International Law Commission and of International Law Institute on the law of treaties. Afterwards it contends that the capacity of an international organization to conclude a treaty is based both on a norm of general international law and on a norm of the internal institutional legal system. This finding is applied to the controversial issue of the position of member states in the treaty concluded by the organization. The dual nature leads to rethinking the role of members within the organizations based on complementarity. It means that member states have an indirect involvement with the treaty concluded only by the organization. For instance, member states’ obligations arise in order to provide the organization with the means to fulfil the obligations of the organization.

scholarly journals International Seabed Regime in Southeast Asia: The Lack of ASEAN Member States’ Role in Seabed Mining

2018 ◽  
Vol 3 (1) ◽  
pp. 37
Author(s):  
Arif Satrio Nugroho ◽  
Ika Riswanti Putranti
Keyword(s):  
High Technology ◽  
Environmental Issue ◽  
Government Officials ◽  
Member States ◽  
Asean Member ◽  
Main Factors ◽  
International Seabed Authority ◽  
To Come ◽  
Seabed Mining

International Seabed Authority (ISA) as a part of implementation of UNCLOS Part XI has main objective is to foster healthy economic development especially for developing states and to minimize the negative environmental impacts derived from activities in the area. Although ISA had facilitated states to provide legal procedure to establish seabed explorations, the role of developing states are still lacking. For instance, the role of ASEAN member states are still minimum though some of its states rely on maritime resources such as Indonesia and Philippines. This paper argues that there are two main factors that cause minimum roles of ASEAN states in the development of seabed mining; lack of awareness of government officials, academics and its people in development of law of sea, mainly in seabed mining matters and the excessive cost and high technology requirements to explore and later to exploit seabed materials. To overcome the issue, ASEAN states should increase its stakeholder awareness in law of sea progress and the importance of seabed mining. In addition, ASEAN states could wait the Enterprise as an economic arm of The Authority to come into account to facilitate developing states in seabed exploitation for commercial value. In order to overcome environmental issue regarding seabed mining, ASEAN should maximize its own body of institution which already been built.Keywords: International Seabed Authority, seabed mining, ASEAN 

scholarly journals Towards International Legitimization of the Responsibility to Protect’s Third Pillar

2019 ◽  
Vol 8 (3) ◽  
pp. 50
Author(s):  
Arsalan H. AlMizory
Keyword(s):  
International Law ◽  
Security Council ◽  
Responsibility To Protect ◽  
Sovereign State ◽  
New Era ◽  
The Past ◽  
Un Security Council ◽  
Mass Atrocity ◽  
Atrocity Crimes

Over the past few years, the question whether international law permits the use of force not in response to existing violence but to avert and prevent mass atrocity crimes occurring within the boundaries of a sovereign State has taken on added significant in the aftermath of the humanitarian tragedies of the 1990s. Responsibility to Protect (R2P) is a complicated and emerging norm of international law, which represents the start of a new era for the United Nations (UN), seeks to provide a means for the Security Council to take enforcement measures under Chapter VII to prevent mass atrocity crimes. The research discusses that when the Security Council is deadlock and peaceful measures have been exhausted, it is important to have a legal basis of using limited armed force as a last resort in the name of humanitarian intervention, to avert overwhelmingly atrocity crimes that a government has shown it is unwilling or unable to prevent. The research analyzes the case of Syria as a case study, which demonstrates that the presence of certain conditions enables the UN Security Council to implement R2P norm to save civilian populations from mass human rights violations.

Part II Substantive Aspects, Ch.6 The Responsibilities to Protect Cultural Heritage and Prevent Cultural Genocide

2020 ◽  
Author(s):  
Nafziger James A R
Keyword(s):  
Cultural Heritage ◽  
International Law ◽  
International Crime ◽  
Responsibility To Protect ◽  
Soft Law ◽  
Cultural Genocide ◽  
Secure Foundation ◽  
Political Principle ◽  
International Discourse ◽  
Atrocity Crimes

This chapter assesses the concept of a State’s limited responsibility to protect persons against atrocities (R2P). Though still quite new, R2P is already respected and modestly operational as a political principle or, arguably, as soft law. It is importantly related to the international crime of genocide, as acknowledged, for example, by the title and mission of the United Nations Office on Genocide Prevention and the Responsibility to Protect. The chapter then looks at the applicability of R2P to cultural heritage, introducing the concepts of cultural genocide and cultural cleansing against a background of armed conflict. With reference to R2P, the intentional mass destruction of cultural material already has been accepted under international law as evidence of atrocity crimes against persons. Somewhat paradoxically, however, although cultural genocide has become prominent in international discourse as a threat to fundamental human rights and global order, it lacks a secure foundation in international law.

The Role of UNESCO in the Elaboration and Implementation of International Art, Cultural Property, and Heritage Law

2020 ◽  
pp. 183-201
Author(s):  
Guido Carducci
Keyword(s):  
International Law ◽  
Cultural Property ◽  
Member States ◽  
Final Version ◽  
Simple Matter ◽  
Preparatory Work

This chapter analyzes the role of UNESCO in the elaboration and implementation of its international law instruments (conventions, recommendations, declarations) concerning artifacts, cultural property, and heritage. The elaboration of such instruments is not a simple matter. It requires, first, a clear decision from the majority of Member States that such elaboration is desirable; second, significant preparatory work from the UNESCO’s Secretariat to submit a first draft; third and throughout the elaboration of the instrument, negotiation of each of the draft text’s provisions among the numerous Member States’ legal and cultural property (or heritage) experts. Once the elaboration is completed and the General Conference of UNESCO adopts the instrument in its final version, UNESCO’s role then starts as to the implementation of its conventions by States Parties.

Modifying the UN Charter through Subsequent Practice: Prospects for the Charter's Revitalisation

2012 ◽  
Vol 81 (1) ◽  
pp. 1-20 ◽  
Author(s):  
Jessica Liang
Keyword(s):  
United Nations ◽  
International Law ◽  
The Other ◽  
Vienna Convention ◽  
Member States ◽  
Functional Potential ◽  
The United Nations ◽  
International Law Commission ◽  
Law Commission

Despite the vast challenges facing the United Nations in its ever expanding mandate, the task of reforming the organisation remains encumbered by its onerous amendment procedures. Recent attempts to instigate formal changes to the Charter of the United Nations have all failed. In this context, it is argued that greater attention should be paid to the other ways in which changes can be made to the Charter. The subsequent practice of member states and organs can play an important role in informing changes to the Charter's application. The idea that treaties can be modified through subsequent practice is not new under international law. While it was rejected as a principle that should be codified under the Vienna Convention on the Law of Treaties, its utility is being presently re-considered by the International Law Commission. However, the functional potential of this doctrine vis-à-vis the Charter has attracted little academic scrutiny. This article pre-empts some of the issues that will be examined by the Commission, arguing that it is time to expand the role of subsequent practice, by not only using practice to inform interpretations to the Charter, but to embrace the opportunity for amendments to be also made through the subsequent practice of parties. This approach promises to open up greater prospects for the Charter's revitalisation. If the conditions for modification are carefully considered, the doctrine can be a useful instrument for Charter reform.

THE LEGISLATIVE ROLE OF THE SECURITY COUNCIL IN ITS FIGHT AGAINST TERRORISM: LEGAL, POLITICAL AND PRACTICAL LIMITS

2008 ◽  
Vol 57 (2) ◽  
pp. 333-359 ◽  
Author(s):  
Luis Miguel Hinojosa Martínez
Keyword(s):  
International Law ◽  
Security Council ◽  
International Norms ◽  
Historical Background ◽  
Material Source ◽  
Member States ◽  
Legislative Activity ◽  
New Form

AbstractThis article studies the normative activity developed by the Security Council (SC) in recent years, particularly in the fight against terrorism. This legislative activity has aroused a great deal of controversy both among scholars and the States. Is the SC acting ultra vires? Has it revealed a new form of creating of international norms, which overrides definitively States' consent as the only material source of international law? This contribution tries to answer these questions by investigating the scope of the SC powers in the Charter, their historical background and the reaction of UN Member States towards its Resolutions. After this analysis, it is submitted that the SC does have a legislative capacity, but with important legal, political and practical limits.

scholarly journals Review of measles-related events recorded by the National IHR Focal Point in Poland in the years 2016-2018

2019 ◽  
pp. 3-18 ◽  
Author(s):  
Paulina Maria Nowicka ◽  
Radosław Izdebski ◽  
Wioleta Kitowska ◽  
Janusz Janiec ◽  
Joanna Bogusz ◽  
...  
Keyword(s):  
Focal Point ◽  
International Health ◽  
World Health ◽  
Focal Points ◽  
International Health Regulations ◽  
Member States ◽  
Time Period ◽  
International Importance ◽  
Health Organization ◽  
Health Regulations

Member States of the World Health Organization (WHO), in accordance with the requirements of the International Health Regulations (2005), were obliged to establish National Focal Points for International Health Regulations (IHR NFP), whose task is, among others, consolidating information on public health events of international importance that occur abroad or in the country. The aim of this article is to review information on measles-related events posted on the Event Information Site for IHR National Focal Points, in the Early Warning and Response System (EWRS), received by email directly from other IHR National Focal Points located in WHO member states, and from all organs of the State Sanitary Inspectorate in Poland in the years 2016-2018. In this time period, the IHR NFP recorded 92 measles-related events of which 38 related to individual cases, 37 to outbreaks of the disease, and 17 involved exposure to a measles case. 36% of reported events were aviationrelated. The number of events in 2018 has tripled compared to 2017 and increased eightfold in comparison to 2016. The current situation indicates the need to take appropriate actions, including implementation of the National Vaccination Program as well as introducing vaccination interventions.

scholarly journals The Failure of the International Community to Apply R2P and Atrocity Prevention in Myanmar

2021 ◽  
pp. 1-20
Author(s):  
Martin Mennecke ◽  
Ellen E. Stensrud
Keyword(s):  
International Community ◽  
Responsibility To Protect ◽  
Crimes Against Humanity ◽  
Military Coup ◽  
Cycle Of Violence ◽  
Special Issue ◽  
The Past ◽  
Atrocity Crimes ◽  
The Military

Abstract The case of Myanmar has become one of the most glaring examples for the failure of the international community to realise the promise made with the adoption of the responsibility to protect (R2P) norm in 2005: ‘Never again’ has turned into again and again. A mix of unwillingness and inability to prevent atrocity crimes has in Myanmar over the past ten years led to several instances of atrocity crimes and genocidal violence against the Rohingya. Most recently, the military coup of February 2021 has showcased that the notion of an international community exercising a responsibility to protect the population of Myanmar against crimes against humanity and other atrocity crimes dissembles into a few states openly shielding the perpetrators, a few condemning and countering the newest cycle of violence, and many silent bystanders to the ongoing atrocities. This article discusses the role of the R2P norm in the case of Myanmar and introduces the different contributions that comprise the special issue on Myanmar and the failure of R2P.

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