scholarly journals ISIL in Iraq: A Critical Analysis of the UN Security Council’s Gendered Personification of (Non)States

Laws ◽  
2022 ◽  
Vol 11 (1) ◽  
pp. 5
Author(s):  
Faye Bird
Keyword(s):  
Discourse Analysis ◽  
International Law ◽  
Security Council ◽  
Critical Analysis ◽  
The State ◽  
The Other ◽  
Islamic State ◽  
Feminist Theories ◽  
Legal Subjects

Legal feminist theories have troubled dominant conceptions of statehood, revealing the threat of the ‘Other’ as integral to the hegemonic masculinity of powerful states. In this paper I provide a critical gendered discourse analysis of the UN Security Council’s response to the Islamic State of Iraq and Syria (ISIL). I consider the role of personification in constituting legal subjects as states (persons) and excavate this from the Council’s resolutions concerning Iraq. In constituting ISIL as a barbaric, hypermasculine terror group in relational opposition to the state of Iraq, the Council draws on gendered normativities ordinarily veiled by seemingly objective legal criteria as to the creation of states. Whilst the state of Iraq is constituted through the hegemonic model of statehood, one premised upon democratic, liberal Westphalian ideals, it is still subject to the paternalism of the Security Council. In this way, the state of Iraq is framed as failing to reach a particular masculine standard of statehood, and is thus subject to the continuation of ‘civilising’ discourses. Thus, instead of asking whether ISIL is or is not a state under international law, it is revealing to consider how responses to it work to maintain and (re)produce a graded, hierarchical international community of states.

Wilfully Blind: the Security Council’s Response to Genocide in Rwanda

2020 ◽  
Vol 22 (1-4) ◽  
pp. 136-147
Author(s):  
Tamsin Phillipa Paige
Keyword(s):  
Discourse Analysis ◽  
International Law ◽  
Critical Discourse Analysis ◽  
Security Council ◽  
Criminal Responsibility ◽  
The State ◽  
Critical Discourse ◽  
The Face ◽  
Individual Criminal Responsibility ◽  
Historical Practice

The UN Security Council’s response to the Rwanda genocide was a significant moment in history. It changed the face of international law, cementing individual criminal responsibility for atrocities in the canon of international law. It also saw the Security Council respond to mass atrocities without the consent of the state in question in a manner that ran counter to historical practice. But all of these outcomes are haunted by the fact that decisions made by the Security Council in the build up to the genocide served to create the conditions on the ground that allowed genocide to flourish. This intervention conducts a critical discourse analysis of the statements made by the Permanent Five members of the Security Council justifying these decisions in the context of whether Rwanda constituted a ‘threat to the peace’ under article 39 of the UN Charter, concluding that Security Council through its decisions was complicit in the genocide.

scholarly journals Are There Any Inherently Public Functions for International Law?

AJIL Unbound ◽  
2021 ◽  
Vol 115 ◽  
pp. 302-306
Author(s):  
Eyal Benvenisti
Keyword(s):  
International Law ◽  
Global Governance ◽  
International Organizations ◽  
The State ◽  
Point Of View ◽  
The Other ◽  
Self Determination ◽  
Human Right ◽  
Private Actors

In “Are There ‘Inherently Sovereign Functions’ in International Law?”, Frédéric Mégret provides a deeply insightful reflection on “the essence of the state” from the point of view of international law, outlining a theory about the inherently sovereign functions in international law. He carefully identifies existing norms of international law that articulate certain public functions to be performed solely by the state rather than delegating them to private actors. Mégret offers functional and intrinsic rationales, suggesting that individuals have a right to benefit from certain public functions exercised by state authority, such as legislation and adjudication, what perhaps could be termed “the human right to the state.” In this essay, I suggest that it is indeed possible to derive such demands from the requirements of stable and sustainable governance that are embedded in the concept of sovereign responsibility, as well as from the rights associated with democracy and self-determination. I further argue that Mégret's inquiry can and must be extended also to explore the other side of the coin: the role of international law in facilitating (and possibly limiting) the delegation of public authority to unaccountable international organizations and other global governance bodies.

Law and contestation in international negotiations

2020 ◽  
Vol 46 (5) ◽  
pp. 672-690
Author(s):  
Kyle Rapp
Keyword(s):  
Discourse Analysis ◽  
International Relations ◽  
International Law ◽  
International Criminal Court ◽  
International Criminal ◽  
Criminal Court ◽  
International Negotiations ◽  
The Us ◽  
Legal Grounds

AbstractWhat is the role of rhetoric and argumentation in international relations? Some argue that it is little more than ‘cheap talk’, while others say that it may play a role in persuasion or coordination. However, why states deploy certain arguments, and why these arguments succeed or fail, is less well understood. I argue that, in international negotiations, certain types of legal frames are particularly useful for creating winning arguments. When a state bases its arguments on constitutive legal claims, opponents are more likely to become trapped by the law: unable to develop sustainable rebuttals or advance their preferred policy. To evaluate this theory, I apply qualitative discourse analysis to the US arguments on the crime of aggression at the Kampala Review Conference of the International Criminal Court – where the US advanced numerous arguments intended to reshape the crime to align with US interests. The analysis supports the theoretical propositions – arguments framed on codified legal grounds had greater success, while arguments framed on more political grounds were less sustainable, failing to achieve the desired outcomes. These findings further develop our understanding of the use of international law in rhetoric, argumentation, and negotiation.

The Diminishing Acts of the State. Or, Is It?

2012 ◽  
pp. 687-717
Author(s):  
Francis N. Botchway
Keyword(s):  
International Economic ◽  
International Law ◽  
The State ◽  
Police Powers ◽  
Economic Law ◽  
Role Of The State ◽  
International Economic Law ◽  
The Us

The Act of state doctrine essentially serves to truncate or end proceedings against a state in the court of another state for actions attributed to or owned by the first state. Originally, the actions against which the defense could be raised were wide and all encompassing. It included exercise of police powers, takings, maritime and commercial acts. However, starting with cases such as Bernstein, Dunhill and others, and goaded in part by legislation such as the second Hickenlooper Amendment in the US, a number of exceptions have been carved into the doctrine. It is such that some academics have called for the end of the doctrine. This paper argues that although the doctrine is now limited, compared to its original compass, it is resilient. That resilience, this paper contends, is predicated on its International law pedigree. It is further argued that the swings in the role of the state in economic matters accounts for the growth, downturn and upturn in the viability of the doctrine as a defense in international economic law.

Migration, Poverty, the Role of State, (International) Law and Development in the Industrialised Countries of Europe

2021 ◽  
Vol 0 (0) ◽  
Author(s):  
Brian-Vincent Ikejiaku
Keyword(s):  
Middle East ◽  
International Law ◽  
Developed Countries ◽  
The State ◽  
Border Security ◽  
Law And Development ◽  
Poor Countries ◽  
Role Of The State ◽  
Industrialised Countries

Abstract The current radical strategies by which there is, on one hand, an increasing European assistance to developing poor countries of Africa/Middle East and on the other hand, tightened border-security within Europe as a means to reduce migration from the South; may worsen the state of poverty in Europe, particularly on the immigrants and impact on the workforce in Europe with implication on development. Though, these strategies may sound radically appealing, they are however, unlikely to reduce migration flows to Europe. While there is still a “wide development gap” between the poor countries of Africa/Middle East and industrialised countries of Europe, migration will often increase, at least in the next two-three decades. Radical border security in Europe will expose the migrants to human trafficking in different form and manifestation contrary to Article 3 UN Protocol on Trafficking in Person. The paper examines the role of the State and Law and development, in addressing the issues of poverty and migration within the industrialised countries of Europe. The research argues that there is the likelihood that poverty and human right issues will increase in Europe in the near-future, if the State/EU fails to play their role, by changing their policy direction and repositioning themselves by improving their Law and development stance. The research employs the human rights-based approach, interdisciplinary and critical-analytical perspective within the framework of international Law and development. It employs qualitative empirical evidence from developed countries of Europe and poor developing countries for analysis.

Between the utopian imaginaries of literature and international law: The question of the insurgent child in international legal discourse and Kris Montañez’s Youth

2021 ◽  
pp. 1-20
Author(s):  
José Duke S. Bagulaya
Keyword(s):  
Civil War ◽  
International Law ◽  
Legal Discourse ◽  
The State ◽  
The Other ◽  
State Of Exception ◽  
Utopian Vision ◽  
The World ◽  
Realistic Representation ◽  
The One

Abstract This article argues that international law and the literature of civil war, specifically the narratives from the Philippine communist insurgency, present two visions of the child. On the one hand, international law constructs a child that is individual and vulnerable, a victim of violence trapped between the contending parties. Hence, the child is a person who needs to be insulated from the brutality of the civil war. On the other hand, the article reads Filipino writer Kris Montañez’s stories as revolutionary tales that present a rational child, a literary resolution of the dilemmas of a minor’s participation in the world’s longest-running communist insurgency. Indeed, the short narratives collected in Kabanbanuagan (Youth) reveal a tension between a minor’s right to resist in the context of the people’s war and the juridical right to be insulated from the violence. As their youthful bodies are thrown into the world of the state of exception, violence forces children to make the choice of active participation in the hostilities by symbolically and literally assuming the roles played by their elders in the narrative. The article concludes that while this narrative resolution appears to offer a realistic representation and closure, what it proffers is actually a utopian vision that is in tension with international law’s own utopian vision of children. Thus, international law and the stories of youth in Kabanbanuagan provide a powerful critique of each other’s utopian visions.

scholarly journals 32. Humanitarian intervention in world politics

2016 ◽  
Author(s):  
Alex J. Bellamy ◽  
Nicholas J. Wheeler
Keyword(s):  
Human Rights ◽  
Humanitarian Intervention ◽  
Middle Eastern ◽  
Use Of Force ◽  
World Politics ◽  
The Other ◽  
Islamic State ◽  
The West ◽  
Protection Goals

This chapter examines the role of humanitarian intervention in world politics. It considers how we should resolve tensions when valued principles such as order, sovereignty, and self-determination come into conflict with human rights; and how international thought and practice has evolved with respect to humanitarian intervention. The chapter discusses the case for and against humanitarian intervention and looks at humanitarian activism during the 1990s. It also analyses the responsibility to protect principle and the use of force to achieve its protection goals in Libya in 2011. Two case studies are presented, one dealing with humanitarian intervention in Darfur and the other with the role of Middle Eastern governments in Operation Unified Protector in Libya in 2011. There is also an Opposing Opinions box that asks whether the West should intervene in Syria to protect people there from the Islamic State (ISIS).

scholarly journals Reviewing the National Courts in Creating Orderly International Law and Community

2017 ◽  
Vol 3 (2) ◽  
pp. 148
Author(s):  
Johanis Leatemia
Keyword(s):  
International Law ◽  
National Court ◽  
National Interest ◽  
The Other ◽  
Peaceful Coexistence ◽  
National Sovereignty ◽  
Customary International Law ◽  
National Courts ◽  
The One

Orderly international community and international law are determined by a national court. Essentially, the national court must be competent to maintain the balance between the national interest which based on the national sovereignty as well as the provisions of international law within the framework of peaceful coexistence. This article reviews the role of national courts in creating and developing the customary international law. As it turns out in practice, however, it has certain weaknesses, particularly in view of the accountability and legitimacy aspects of its establishment. This purpose could be achieved if national courts were able to maintain a balance between the national interest based on the sovereignty of State on the one hand and the provisions of international law on the other. The function of the national court was to maintain a balance between international law and national law.

scholarly journals Religious Identity and National Conflict in the 20th Century Indonesia

2017 ◽  
Vol 2 (3) ◽  
pp. 303
Author(s):  
Andreas Jonathan
Keyword(s):  
National Identity ◽  
Religious Identity ◽  
Critical Analysis ◽  
National Identities ◽  
Islamic State ◽  
Religious Identities ◽  
The Past ◽  
Religious Nation ◽  
Role Of Religion

This study attempts to discuss on how religious identities contribute to or was in conflict with the emerging national identities, with focusing issue on the struggle of Islam in its relation to Indonesian identity as a multi-religious nation and Pancasila state. Based on the critical analysis from the various literature, the result of the study showed that Islam did both contribute and was in conflict with the Indonesian national identity. The Islamist fights for the Islamic state, the nationalist defends Pancasila state. As long as Islam is the majority in Indonesia and as long as there is diversity in Islam, especially in the interpretation of Islam and the state, Indonesian national identity will always be in conflict between Pancasila state and Islamic state. Even though, the role of religion in society and nation change is very significant. The Islamist is always there, although it is not always permanent in certain organizations. In the past, NU and Muhammadiyah were considered as Islamist, but today they are nationalist. At the same time, new Islamist organizations and parties emerge to continue their Islamist spirit. Keywords: Islam, Religious identity, Pancasila, 

scholarly journals Peranan Maahad Tahfiz Ad-Din Dalam Melahirkan Huffaz di Negeri Perak Darul Ridzuan

2018 ◽  
Vol 10 (3-4) ◽  
Author(s):  
Muhammad Khairul Firdhaus Abdullah ◽  
Mohamad Marzuqi Abdul Rahim ◽  
Wahyu Hidayat Abdullah
Keyword(s):  
Social Sciences ◽  
Time Allocation ◽  
Quantitative Data ◽  
The State ◽  
The Other ◽  
Survey Method ◽  
Good Level ◽  
Other Hand ◽  
Goals And Objectives

This study aims to evaluate the role of Maahad Tahfiz ADDIN to produce huffaz in the State of Perak Darul Ridzuan based on the implementation of the Tahfiz Al-Quran curriculum with important instruments of collecting quantitative data (questionnaires). A survey method which was used involved 366 students from the Maahad Tahfiz Al-Quran ADDIN in the state of Perak who are randomly selected. The subjects of the study were students aged 13 years to 17 years old. A questionnaire was developed to collect the required data. The findings were analyzed descriptively by Statistical Package for Social Sciences (SPSS) Version 22.0. The results show that the implementation of the goals and objectives of the Quranic Tahfiz curriculum at Maahad Tahfiz ADDIN was the highest mean of 3.60. The conclusions from this study show that the goal and objectives of tahfiz are at a good level and can be further enhanced. On the other hand, the content of the curriculum and time allocation for the Quranic memorization should be given due attention and improvements so that Maahad Tahfiz ADDIN can actually filling the gap in producing more quality huffaz in the state of Perak Darul Ridzuan.

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