The Privatization of War: A New Challenge for the Women, Peace and Security Agenda

2020 ◽  
pp. 169-188
Author(s):  
Marta Bautista Forcada ◽  
Cristina Hernández Lázaro
Keyword(s):  
Human Rights ◽  
Gulf War ◽  
Regulatory Framework ◽  
Human Rights Violations ◽  
International Peace ◽  
Security Services ◽  
Conflict Settings ◽  
Peace And Security ◽  
Iraq Wars ◽  
Security Companies

Private military and security companies (PMSCs) have rapidly increased in size and rate of deployment since the 1991 Gulf War, notably during the Afghanistan and Iraq wars of 2001 and 2003 respectively. This growth of PMSCs in the last two decades has not been accompanied by an effective legal regulatory framework, and the Women, Peace, and Security (WPS) agenda does not include any provisions related to the escalating threat that private contractors hired to provide military and security services in conflict settings pose to international peace and security and human rights. This chapter argues that UN institutions, scholars, advocates, and practitioners should incorporate the privatization of war as a new challenge within the WPS agenda, intending to plant a seed in touching upon different ways in which the privatization of war should be addressed in order to prevent gendered human rights violations in conflict scenarios.

scholarly journals United Nations Security Council Intervention Towards Gross Human Rights Violation of The Rohingya Ethnicity

2021 ◽  
Vol 8 (06) ◽  
pp. 6464-6474
Author(s):  
Nizam Safaraz
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Security Council ◽  
United Nations Security Council ◽  
Human Rights Violations ◽  
International Peace ◽  
Humanitarian Interventions ◽  
Un Security Council ◽  
Peace And Security ◽  
Human Rights Violation

Abstract             Every human being has the rights to be protected from discrimination by any party, especially the act of gross human rights violations. In order to prevent this, the Security Council has a function to secure international peace and security from threats to international peace. One of the case that is becoming an international concern is the human rights violations on Rohingya by Myanmar Military. In its implementation, the UN Security Council can intervene a country known to violate human rights of its people, however the Security Council's intervention caused a controversy that questioned the validity of the intervention by Security Council. Thus, the purpose of this research is to find out whether the situation in Myanmar is valid for the UN Security Council to carry out humanitarian interventions. Accordingly, this research also analyzes legal measures by the UN Security Council in dealing with human rights violations in Myanmar. Keyword: Human Rights, Humanitarian Intervention, Rohingya, UN Security Council

ON THE ROLE AND RELEVANCE OF THE UNITED NATIONS AND ITS FUTURE PROSPECTS

2019 ◽  
Vol 2 (1) ◽  
pp. 33-39
Author(s):  
Михаил Елизаров
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Second World War ◽  
Future Prospects ◽  
International Peace ◽  
World War ◽  
Peace And Security ◽  
Common Goals ◽  
The United Nations ◽  
Second World

Born out of the ashes of the Second World War, the United Nations has made a major contribution to maintain international peace and security. Based on common goals, shared burdens and expenses, responsibility and accountability, the UN helped to reduce the risk of a repetition of a Word War, to reduce hunger and poverty, and promote human rights. But today, the legitimacy and credibility of the UN have been seriously undermined by the desire of some countries to act alone, abandoning multilateralism. So, do we need the UN today?

The Dynamics of International Law in a Globalised World

2016 ◽  
Author(s):  
Matthias Herdegen
Keyword(s):  
Human Rights ◽  
International Law ◽  
Good Governance ◽  
Driving Forces ◽  
International Agreements ◽  
Democratic Legitimacy ◽  
International Peace ◽  
Economic Stability ◽  
Peace And Security ◽  
Global Spread

In the process of globalisation, international law plays a crucial and ambivalent role. It is one of the driving forces behind the integration of markets, expanding standards of human rights and good governance as well as mechanisms for international peace and security. International law also responds to a globalised world which catalyses not only universal ethics, but also the global spread of risks to political and economic stability. "Evolutive interpretation" of international agreements affects traditional concepts of sovereignty and democratic legitimacy. It enhances the power of technocratic elites. At the same time, we witness an intensive interplay between the different sectors of international law; new layers of 'hard' and 'soft' normativity as well as intriguing forms of legal pluralism.

scholarly journals Human rights violations committed by private military and security companies: an international law analysis

2016 ◽  
Vol 17 (3) ◽  
pp. 753-766 ◽  
Author(s):  
Elzbieta Karska
Keyword(s):  
Human Rights ◽  
Private Security ◽  
International Community ◽  
Human Rights Violations ◽  
Real Problem ◽  
Security Industry ◽  
Private Security Companies ◽  
Private Security Industry ◽  
International Conventions ◽  
Security Companies

Abstract: This paper is devoted to the growing phenomenon of the private military and security industry with respect to human rights obligations. In the first part, it will analyze the concept of a private security company, which is not clear in national regulations and has few relevant provisions in international conventions. The second part will contain a short description of examples of human rights violations committed by private military and security companies, or with their participation, during service delivery or other forms of activity. The third part of this paper discusses possible methods of responsibility enforcement, with respect to the transnational character of many private security companies involved in human rights violations worldwide. One of the most important elements of the discussion in international community should focus on binding international instrument, preferably a convention, which would be able to establish at least very elementary rules for states and international organizations, responsible for using private military and security companies. The international community has witnessed a lot of initiatives from non-governmental entities, also model laws and self-regulations of the private security industry, but still the real problem has not even been reduced. The number of human rights violations has grown. Keywords: Human rights. Private security companies. Liability.

scholarly journals ONE OF THE IMPORTANT ROLES OF INTERNATIONAL JUDICIAL ACT IN THE PROCESS OF MAINTAINING INTERNATIONAL PEACE AND SECURITY

2014 ◽  
Vol 8 (4) ◽  
pp. 7-12
Author(s):  
Barbu Denisa
Keyword(s):  
Human Rights ◽  
International Law ◽  
International Peace ◽  
International Protection ◽  
Public International Law ◽  
Fundamental Freedoms ◽  
Peace And Security ◽  
Protection Of Human Rights

Through the functions it performs, the judicial act has an important role in the maintenance of international peace and security, the prevention and repression of crime, as well as of the international protection of human rights and fundamental freedoms. Even the duties of public international law coincide with these goals.

14. The use of force and collective security

2019 ◽  
pp. 346-374
Author(s):  
Gleider Hernández
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Security Council ◽  
Use Of Force ◽  
Collective Security ◽  
International Peace ◽  
Humanitarian Interventions ◽  
Peace And Security ◽  
United Nations Charter ◽  
Self Defence

This chapter looks at the use of force and collective security. Today, the United Nations Charter embodies the indispensable principles of international law on the use of force. These include the prohibition on the unilateral use of force found in Article 2(4), and the recognition of the inherent right of all States to use force in self-defence found in Article 51. Finally, under Chapter VII, a collective security system centred upon the Security Council was established for the maintenance of international peace and security. A key debate over the scope of Article 2(4) is whether a new exception has been recognized which would allow the use of force motivated by humanitarian considerations. It is argued that these ‘humanitarian interventions’ would allow a State to use force to protect people in another State from gross and systematic human rights violations when the target State is unwilling or unable to act.

scholarly journals EU peacebuilding’s new khaki: Exceptionalist militarism in the trading of good governed for military-capable states

Politics ◽  
2020 ◽  
pp. 026339572094734
Author(s):  
Marta Iñiguez de Heredia
Keyword(s):  
European Union ◽  
Human Rights ◽  
Rule Of Law ◽  
Thematic Analysis ◽  
Good Governance ◽  
International Order ◽  
International Peace ◽  
Peace And Security ◽  
Liberal Peacebuilding ◽  
The Eu

This article explores how European Union (EU) peacebuilding is being reconfigured. Whereas the EU was once a bulwark of liberal peacebuilding, promoting a rule of law–based international order, it is now downplaying the goal of good governance and placing military capacity as central for international peace and security. Several works have analysed these changes but have not theorised militarism, despite war-waging and war-preparation have marked EU peacebuilding’s direction. The article argues that EU peacebuilding continues to expose elements of liberal militarism since its origins but is now changing from what Mabee and Vucetic call a nation-statist to an exceptionalist militarism. This shift implies that peace has ceased to be served by the intervention of sovereignty with a discourse based on the link between order, good governance, and human rights and is now premised on the upholding of sovereignty, even if that means the suspension of rights. The research draws on thematic analysis of EU documents and interviews undertaken with EU and G5 Sahel officials and managers of EU-funded peacebuilding programmes. It also briefly analyses the case of the Sahel as an example of how the build-up of states’ military capacity is strengthening states’ capacity to override human rights and repressing dissent.

Economic and Social Council

1951 ◽  
Vol 5 (2) ◽  
pp. 335-349
Keyword(s):  
Human Rights ◽  
Latin America ◽  
United Nations ◽  
International Peace ◽  
Policy Decisions ◽  
Social Council ◽  
Peace And Security

The twelfth session of the Economic and Social Council, which opened in February 20, 1950, in Santiago, Chile, represented the first meeting of a major United Nations organ in Latin America. Its agenda of some 35 items included several new topics for discussion, among them consideration of the General Assembly's policy decisions on the draft Covenant on Human Rights and measures for its implementation, the question of relief and rehabilitation for Korea, and possible emergency action by the Council and the specialized agencies to assist in the maintenance of international peace and security.

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

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