scholarly journals El Tribunal Especial para el Líbano y la sentencia Hariri. ¿Justicia selectiva?

2021 ◽  
Vol 7 (2) ◽  
pp. 125-143
Author(s):  
Berta Alam-Pérez
Keyword(s):  
Security Council ◽  
International Crime ◽  
Criminal Code ◽  
International Community ◽  
Security Council Resolution ◽  
Complex Relation ◽  
The Subject ◽  
Internal Division

The article analyses the complex relation between politics and justice in the international arena that is reflected in the Special Tribunal for Lebanon. The subject matters developed are its problematic establishment by means of Security Council resolution 1757 (2007) and its selective nature, as well as the legal-doctrinal dispute laid out in the Ayyash et al. case, also known as the Hariri case. It is stressed the importance of circumstantial factors, especially those triggered since 2004, with the aim to explain the internal division —with international protagonists— of the country into two blocks whose confrontation would serve as a pretext for starting-up a unique tribunal that would meet the interests of an international community captivated by the possibility of achieving a judicial terrorism sentence against Hizballah —and/or Syria— who was gathering momentum. The 2011 interlocutory decision of the Appeals Chamber seemed to reveal itself as a good omen in said direction when it stated the necessity to interpret the crime of terrorism established in article 314 of the Lebanese Criminal Code in accordance with an international crime of terrorism of customary nature. The revolutionary decision —together with the process that led to its publication— disclosed nevertheless, a certain hasty and opportunistic character, which the 2020 judgment finally rejected for being unnecessary and untrue. The article upholds that all the above has contributed to undermine the credibility of the Tribunal, which is a model of selective justice, and has demonstrated little deference towards the sovereignty of the Lebanese State.

scholarly journals Frictional interactions on Women, Peace and Security in Mali

2021 ◽  
Vol 59 (4) ◽  
pp. 463-483
Author(s):  
Jenny Lorentzen
Keyword(s):  
Security Council ◽  
Peace Process ◽  
International Community ◽  
Feedback Loops ◽  
Security Council Resolution ◽  
Women's Participation ◽  
Un Security Council ◽  
Peace And Security ◽  
Local Actors ◽  
The Way

AbstractMore than 20 years after the adoption of UN Security Council Resolution 1325 on Women, Peace and Security, the international community is concerned with taking stock of its implementation in countries undergoing transitions from war to peace. This article contributes to a better understanding of the dynamics involved in implementing the Women, Peace and Security agenda through a focus on the frictional interactions that take place between different actors promoting women's participation in the peace process in Mali. Based on extensive fieldwork in Bamako between 2017 and 2019, it analyses interactions between different international and local actors in the Malian peace process through a discussion of vertical (between international and local actors) and horizontal (between local actors) friction. It finds that the way different actors respond to friction shapes relationships and impacts norm trajectories by triggering feedback loops, which in turn trigger new responses and outcomes.

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.

The ICC and Complementarity in Practice

2013 ◽  
Vol 26 (2) ◽  
pp. 427-447 ◽  
Author(s):  
DANIEL NSEREKO
Keyword(s):  
Security Council ◽  
International Criminal Court ◽  
International Criminal ◽  
International Community ◽  
Criminal Court ◽  
The Other ◽  
The Subject ◽  
The One ◽  
Atrocity Crimes ◽  
Territorial States

AbstractSince the start of its operations 10 years ago, the International Criminal Court has dealt with a number of challenges to the admissibility of cases before it. Some of the challenges were mounted by territorial states that had jurisdiction over the cases. Others were mounted by accused persons. The Court, acting on its own initiative, has, on a number of occasions, also considered issues of the admissibility of cases before it. It has done this, in the main, at the pre-trial stages of proceedings. Some of the cases arose out of state or Security Council referrals. Others arose out of the Prosecutor's initiated investigations. In the course of dealing with these matters the Court has endeavoured to strike a balance between the states’ right to exercise their sovereignty through national proceedings, on the one hand, and the interests of the international community to ensure that ‘the most serious crimes of concern to the international community as a whole must not go unpunished’, on the other. In the process of doing so the Court has also developed some practices and generated an impressive body of jurisprudence, the subject of this article. The jurisprudence evinces the Court's readiness to assume jurisdiction over a case in situations where there is clear inaction on the part of the national authorities. The article, which is a critical exposé of that jurisprudence, endorses this stance as a veritable antidote to impunity for atrocity crimes.

scholarly journals International law and humanitarian intervention

2007 ◽  
Vol 59 (1) ◽  
pp. 5-48
Author(s):  
Sava Savic
Keyword(s):  
Moral Responsibility ◽  
International Relations ◽  
United Nations ◽  
International Law ◽  
Security Council ◽  
Humanitarian Intervention ◽  
International Community ◽  
United Nations Security Council ◽  
The Subject ◽  
The United Nations

Taking an action by the international community, individual states or their organizations with the aim of protecting citizens in some country from the tyranny of their own authorities has been defined as a humanitarian intervention. According to international law the use of power as an instrument in international relations is, however, prohibited and therefore, any approach to humanitarian intervention is stretched out between the challenges of moral responsibility and limitations of legislature. The subject of discussion in this article is the legislative aspect of humanitarian intervention by force. The research is focused on law and legitimating of humanitarian intervention by force without the United Nations Security Council approval. .

Civilian Protection in Libya: Putting Coercion and Controversy Back into RtoP

2011 ◽  
Vol 25 (3) ◽  
pp. 255-262 ◽  
Author(s):  
Jennifer Welsh
Keyword(s):  
Security Council ◽  
International Politics ◽  
International Community ◽  
Security Council Resolution ◽  
Crimes Against Humanity ◽  
Host State ◽  
Civilian Protection ◽  
Short Period ◽  
Resolution 1973

As noted by other contributors to this roundtable, the response of the international community to civilian deaths in Libya—and the threat of further mass atrocities—is unusual in two key respects. First, Security Council Resolution 1973 authorized “all necessary measures” to protect civilians without the consent of the “host” state. The Council's intentions, and actions, could not be interpreted as anything other than coercive. Second, in contrast to other crises involving alleged crimes against humanity (most notably Darfur), diplomacy produced a decisive response in a relatively short period of time. Both of these features suggest that many analysts of intervention (including myself) need to revise their previously pessimistic assessments of what is possible in contemporary international politics.

Kosovo:Violence Continues Unabated: International Community Establishes “Observer Mission”

1998 ◽  
Vol 9 (5) ◽  
pp. 121-135
Keyword(s):  
Security Council ◽  
Present Report ◽  
International Community ◽  
Security Council Resolution

The present report is submitted pursuant to Security Council resolution 1160 (1998) of 31 March 1998. It covers the period since my last report of 4 June 1998 (S/1998/470).

Concerning the abuse of power by an official

2020 ◽  
pp. 103-110
Author(s):  
Ihor Oheruk
Keyword(s):  
Criminal Code ◽  
Comprehensive Analysis ◽  
Practical Significance ◽  
Abuse Of Power ◽  
Government Functions ◽  
Analysis And Synthesis ◽  
The Status ◽  
The Subject ◽  
Criminal Legislation ◽  
Logical Semantic

Purpose. The purpose of the work is to analyze the application of the second and third parts of Article 3692 of the Criminal Code of Ukraine to officials in the context, that defines them by the Criminal Code of Ukraine in the note to Article 364 of the Criminal Code of Ukraine. Methodology. The methodology includes a comprehensive analysis and synthesis of the available scientific and theoretical material and the formulation of relevant conclusions and recommendations. In the course of the study, the following methods of scientific knowledge were used: terminological, logical-semantic, system-structural, logical-normative. Results: in the course of research the cause of criminalization of such act as "abuse of power" is considered, the subject of the specified criminal act which has the features of "an official" in the context, that defines it by the note to Article 364 of the Criminal Code of Ukraine is analyzed and the main ways of committing criminal acts, that are provided for in this article of the Criminal Code of Ukraine are identified. Originality. The study found, that one of the key conditions for the opportunity to influence officials, that are authorized to perform government or local self-government functions, is the position held by the official and the related opportunities. Therefore, taking into account the opinion of the scientists, that the subject of crimes, that are provided for by the second and third parts of Article 3692 is special, the peculiarities of which is the cumulative feature, that denotes, that such person is not endowed with the status of an official, well-founded need to specify the criminal legislation of Ukraine in terms of the application the second and third parts of Article 3692 of the Criminal code of Ukraine concerning officials in the context, that defines them by the criminal legislation of Ukraine in the note to Article 364 of the Criminal Code of Ukraine. Practical significance. The research results can be used in lawmaking in the improvement of anti-corruption legislation.

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