scholarly journals Elusive Legal Definition of Terrorism at the United Nations

2017 ◽  
Vol 3 (1) ◽  
pp. 65-87
Author(s):  
Mercy Obado Ochieng
Keyword(s):  
Criminal Justice ◽  
United Nations ◽  
State Level ◽  
The State ◽  
Security Threat ◽  
Counter Terrorism ◽  
Legal Definition ◽  
Draft Convention ◽  
The United Nations ◽  
Definition Of

Terrorism is indisputably a serious security threat to states and individuals. Yet, by the end of 2016, there was still lack of consensus on the legal definition of terrorism at the United Nations (UN) level. The key organs of the UN, the Security Council (UNSC) and the General Assembly (UNGA), are yet to agree on a legal definition of terrorism. This disconnect is attributed partly to the heterogeneous nature of terrorist activities and ideological differences among member states. At the UN level, acts of terrorism are mainly tackled from the angle of threats to international peace and security. In contrast, at the state level, acts of terrorism are largely defined as crimes and hence dealt with from the criminal justice paradigm. This article argues that the lack of a concrete legal definition of terrorism at the UN level undermines the holistic use of the criminal justice paradigm to counter-terrorism at the state level. To effectively counter-terrorism the UNSC and the UNGA have to agree on a legal definition of terrorism in their resolutions. This will streamline efforts to combat terrorism at the state level and consolidate counter-terrorism measures at the international level. The draft comprehensive Convention on Measures to Eliminate Terrorism (the Draft Convention) should be tailored to fill gaps and provide for a progressive legal definition of acts of terrorism.

Slavery de jure and de facto: The United Nations’ Definition of Slavery and Its Incomplete Dutch Translation in Belgium, The Netherlands, and Suriname

2020 ◽  
Vol 9 (2) ◽  
pp. 324-329
Author(s):  
Boris Paschke
Keyword(s):  
The Netherlands ◽  
United Nations ◽  
Legal Definition ◽  
Dutch Translation ◽  
The United Nations ◽  
Definition Of

Abstract The international legal definition of slavery (Art. 1 Slavery Convention [1926]; Art. 7 Supplementary Convention [1956]) distinguishes between slavery de jure and slavery de facto. The definition puts the emphasis on slavery de facto. However, by letting some words untranslated, the respective Dutch translation prevalent in Belgium, The Netherlands, and Suriname (unintentionally) focuses on slavery de jure. Nowadays, slavery is illegal (Art. 4 udhr; Art. 4 echr) and, thus, only exists de facto. A corrected and completed Dutch translation will increase the awareness of the various forms of slavery de facto. In so doing, it can make an important contribution to the fight against slavery.

Use of Force

2014 ◽  
Author(s):  
Giovanni Distefano
Keyword(s):  
International Relations ◽  
United Nations ◽  
Use Of Force ◽  
Security System ◽  
Institutional Framework ◽  
Collective Security ◽  
Legal Definition ◽  
The United Nations ◽  
Definition Of ◽  
Self Defence

This chapter examines the provisions of the Charter of the United Nations (UN Charter) concerning the comprehensive ban on the use of force in international relations between states. It provides a legal definition of aggression and self-defence and addresses some unanswered questions concerning some of the alleged exceptions to the comprehensive ban on the use of force. It shows that the obligation not to resort to threat or use of force is not subordinated to the actual functioning of the UN collective security system and highlights the UN Charter’s establishment of substantive and institutional framework for making the prohibition on the use and threat of force between states a truly attainable goal.

Global Norms and Local Action

2020 ◽  
Author(s):  
Peace A. Medie
Keyword(s):  
Intimate Partner Violence ◽  
Criminal Justice ◽  
United Nations ◽  
Partner Violence ◽  
Intimate Partner ◽  
Local Action ◽  
Women’S Rights ◽  
Post Conflict ◽  
Global Norms ◽  
The United Nations

When and why do states implement international women’s rights norms? Global Norms and Local Action is an examination of states’ responses to violence against women (VAW) in Africa and their implementation of the international women’s justice norm. Despite the presence of laws on various forms of VAW in most African countries, most victims face barriers to accessing justice through the criminal justice system. This problem is particularly acute in post-conflict countries. International organizations such as the United Nations and women’s rights advocates have, therefore, promoted the international women’s justice norm, which emphasizes the establishment of specialized mechanisms within the criminal justice sector to address VAW. With a focus on the response of the police to rape and intimate partner violence in post-conflict Côte d’Ivoire and Liberia, this book theorizes the United Nations’ and women’s movements’ influence on the implementation of the international women’s justice norm. It draws on over 300 interviews in both countries to demonstrate that high international and domestic pressures, combined with favorable political and institutional conditions, are key to the rapid establishment of specialized mechanisms within the police force and to how police officers respond to rape and intimate partner violence cases. It argues that despite significant weaknesses, specialized mechanisms have improved women’s access to justice. The book concludes with a discussion of why a holistic approach to addressing VAW is needed.

Rising Powers and International Organisations: The Case of China’s Counter-terrorism Strategy at the United Nations

China Report ◽  
2019 ◽  
Vol 55 (2) ◽  
pp. 125-144
Author(s):  
Vikash Chandra
Keyword(s):  
United Nations ◽  
International Order ◽  
State Sovereignty ◽  
General Assembly ◽  
Rising Powers ◽  
International Organisations ◽  
Counter Terrorism ◽  
Changing Patterns ◽  
Central Coordination ◽  
The United Nations

This article illustrates China’s counter-terrorism strategy at the United Nations (UN), analyses its cornerstones and underscores changing patterns. On this basis, it also seeks to make some broader observations about how rising powers behave in international organisations and to highlight their attitudes towards the liberal international order. It considers Chinese positions in the debates in the General Assembly (1972–2018), its Sixth Committee and the Security Council (since the early 1990s) and identifies four pillars of China’s counter-terrorism strategy. These include norm entrepreneurship, diplomatic measures, promotion of international cooperation and domestic measures to fulfil obligations emanating from UN resolutions, conventions and declarations. It shows how China has shaped the discourse on terrorism at the UN and how its counter-terror narratives and advocacy have been and are being shaped by the discourse among states and competing blocs like the Organization of Islamic Conference over this period. It concludes with the observation that, despite changes in its strategy in recent years, the defining principles of China’s counter-terrorism strategy, such as respect for state sovereignty and non-interference in internal affairs, have not eroded. Changes like accepting that the UN must play a ‘central coordination role’ in international counter-terrorism should be regarded as a further extension of China’s zeal to maintain the international order because the UN is a defining pillar of the present international order.

AS A DIGITAL TECHNOLOGY SUCH AS BIG DATA CAN BECOME A TOOL AGAINST SOCIETY

2020 ◽  
Author(s):  
Vladislav Andreyevich Shcherbakov ◽  
◽  
Svetlana Aleksandrovna Chevereva ◽  
Keyword(s):  
Big Data ◽  
Digital Technology ◽  
State Level ◽  
The State ◽  
People’S Republic Of China ◽  
People's Republic Of China ◽  
Republic Of China ◽  
Total Control ◽  
Definition Of ◽  
Big Data Technology

The definition of the term Big Date is given. Particular attention is paid to how, in practice, Big Data technology is being introduced into people's lives at the state level and how it can be used for total control using the example of the People’s Republic of China.

scholarly journals El orden público bajo la amenaza de la criminalidad organizada

2013 ◽  
Author(s):  
Julián López Muñoz
Keyword(s):  
United Nations ◽  
Criminal Law ◽  
Organized Crime ◽  
Criminal Organization ◽  
The State ◽  
Public Order ◽  
The Public ◽  
The United Nations ◽  
Derecho Penal ◽  
Legal Right

Existe la necesidad de crear un concepto o definir, en términos jurídicos, el significado de crimen organizado, en sentido global. A pesar de que Naciones Unidas lo ha intentado, no todos sus países miembros han seguido el mandato. España ha incluido en su Derecho Penal un nuevo tipo delictivo: la organización y el grupo criminal. El orden público, como bien jurídico superior, se verá con esta medida protegido y también el Estado se verá defendido de la acción desestabilizadora procedente de la «gran criminalidad».There is a need to create a concept or define globally, in legal terms, the meaning of the organized crime. Despite the United Nations have attempted it, not all the Member Countries have followed their mandate. Spain has included in its Criminal Law a new category of offence: the criminal organization and group. The public order, as a superior legal right, will be protected by this measure and also, the State will be defended against the destabilizing action from the «great criminality».

scholarly journals Towards a Clearer Definition and Understanding of "Indigenous Community" for the Purposes of the Intellectual Property Laws Amendment Bill, 2010: En Exploration of the Concepts "Indigenous" and "Traditional"

2017 ◽  
Vol 13 (4) ◽  
pp. 126
Author(s):  
Sunelle Geyer
Keyword(s):  
Intellectual Property ◽  
United Nations ◽  
South African ◽  
Indigenous Communities ◽  
Indigenous Community ◽  
Key Concepts ◽  
The United Nations ◽  
Definition Of

Although "indigenous" and "traditional" are key concepts in the Intellectual Property Laws Amendment Bill of 2010, they are not defined therein. The Bill does, however, provide a definition of "indigenous community" that is very clear as to where one should look for indigenous communities for the purposes of this Bill, and that there is likely to be a plurality of such communities, but is very vague as to which groups exactly will qualify as being indigenous.  It is uncertain whether or not the current vague wording of the definition would be strong enough to widen the much narrower understanding of indigenousness prevailing in other South African legislation, the legislation of selected other jurisdictions, and the United Nations. Recommendations are made as to how the definition of an "indigenous community" may be rephrased to address these uncertainties more clearly.

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