scholarly journals Due Process in the United Nations

2016 ◽  
Vol 110 (1) ◽  
pp. 9-48 ◽  
Author(s):  
Devika Hovell

“For hard it is for high and stately buildings long to stand except they be upholden and staid by most strong shores, and rest upon most sure foundations”—Jean Bodin, The Six Books of a Commonweale (1576)It has been said of the redemptive quality of procedural reform that it is “about nine parts myth and one part coconut oil.” Yet, as the recent history of the United Nations shows, failure to enact adequate procedural reform can have damaging consequences for an organization and its activities. In the targeted-sanctions context, litigation in over thirty national and regional courts over due process deficiencies has had a “significant impact on the regime,” placing it “at a legal crossroads.” In the peacekeeping context, the United Nations’ position that claims in the ongoing Haiti cholera controversy are “not receivable” has been described in extensive and uniformly critical press coverage as the United Nations’ “Watergate, except with far fewer consequences for the people responsible.” Complacency in the face of allegations of sexual abuse by UN blue helmets led to the unprecedented ousting of a special representative to the secretary-general in the Central African Republic. Economizing on due process standards is proving to be a false economy.

2003 ◽  
Vol 6 ◽  
pp. 389-408
Author(s):  
Geoff Gilbert

The protection of refugees in international law is always a complex mix of legal obligations and policy considerations. Unfortunately, the reaction against refugees post September 11 has ignored both the facts and the pre-existing law.This paper addresses how refugees have fared in international and domestic law post September 11 2001. Given that a refugee, by definition, has lost the protection of her/his state, there is no body, other than the United Nations High Commission for Refugees (UNHCR), which is able to respond in the face of unjustified restrictions on the rights accorded to this most vulnerable group.The first thing to note is that none of the people involved in the events of September 11 was a refugee. Equally, immediately after the events of September 11, approximately 100,000 Afghans fled Kabul fearing revenge attacks by the United States. At the same time, under pressure from Pakistan and Iran, the United Nations High Commission for Refugees facilitated the repatriation of 215,000 Afghan refugees.


1967 ◽  
Vol 21 (4) ◽  
pp. 786-811 ◽  
Author(s):  
David A. Kay

The fifteenth session of the General Assembly of the United Nations which convened in New York in September 1960 marked an important turning point in the history of the Organization. The United Nations had been created primarily through the efforts of states with a European or European-derived political and social culture possessing a common history of political involvement at the international level. During its first ten years the Organization was dominated by the problems and conflicts of these same states. However, by 1955 the process of decolonization which has marked the post-1945 political arena began to be reflected in the membership of the United Nations. In the ten years preceding the end of 1955 ten new nations devoid of experience in the contemporary international arena and struggling with the multitudinous problems of fashioning coherent national entities in the face of both internal and external pressures joined the Organization. By 1960 the rising tide of decolonization had reached flood crest with the entry in that one year of seventeen new Members—sixteen of which were from Africa.


2020 ◽  
Vol 4 (1) ◽  
pp. 268
Author(s):  
Marselinus Hambakodu ◽  
Alfons Hina Tarapanjang ◽  
Elvis Pati Ranja ◽  
Merry Christine Nara

ABSTRAKKelapa merupakan tanaman perkebunan yang dapat tumbuh pada daerah tropis, dan selama ini masyarakat Desa Wunga masih mengolah buah kelapa menjadi minyak goreng. Penganekaragaman pengolahan buah kelapa perlu adanya inovasi baru dalam pengolahan buah kelapa tanpa menggunakan panas yang dilakukan secara alami. Kegiatan ini bertujuan untuk meningkatkan ketrampilan warga dalam mengolah kelapa menjadi pangan fungsional sebagai minuman suplemen dalam menghadi pandemi Covid 19. Metode yang digunakan mulai dari perencanaan, pengolahan dan pelatihan. Hasil pelaksanaan adalah (1). Adanya peningkatan ketrampilan yang diperoleh warga Desa Wunga terkait pengolahan kelapa menjadi minyak kelapa murni; tanggapan kesesuaian materi dengan tujuan pelatihan 55,6% baik, kesesuaian dengan kebutuhan 55,6% baik, kualitas materi 50% baik, penyampaian materi 50% baik, sistematika dan alur materi 55,6% baik,  partisipatif dan kedekatan dengan peserta 55,6% baik, dan tanggapan organoleptik 60-66% sangat suka. (2)Dari tujuh indikator tanggapan yang didapatkan, terlihat bahwa secara umum para peserta memberikan tanggapan positif dan menganggap bahwa kegiatan ini sangat bermanfaat bagi mereka dalam menghadapi pandemi Covid 19 serta organoleptik VCO. Indikator organoleptik VCO terdiri dari warna, aroma dan rasa memberikan tanggapan sangat suka. Kata kunci: desa Wunga; pelatihan; pengolahan; virgin coconut oil. ABSTRACTCoconut is a plantation crop that can grow in tropical areas, and so far the people of Wunga Village are still processing coconuts into cooking oil. Diversification of coconut fruit processing requires new innovations in coconut fruit processing without using heat which is done naturally. This activity aims to improve the skills of residents in processing coconut into functional food as a supplement drink in fighting the Covid 19 pandemic. The methods used range from planning, processing and training. The results of the implementation are (1). An increase in the skills acquired villager related Wunga oil processing into pure coconut oil; responses of material suitability with training objectives 55.6% good, conformity to needs 55.6% good, 50% good quality of material, 50% good material delivery, 55.6% good systematic and flow of material, participatory and closeness to participants 55, 6% was good, and 60-66% organoleptic responses were very favorable. (2). Of the seven indicators obtained responses, it appears that in general the participants responded positively and considers that this activity is very beneficial for them in the face of a pandemic Covid 19 and organoleptic VCO. VCO organoleptic indicators consisting of color, aroma and taste gave very favorable responses. Keywords: wunga village; processing; virgin coconut oil.


Author(s):  
Alina Mungiu-Pippidi

This chapter argues that the adoption of the United Nations Convention against Corruption (UNCAC) in 2004 and its subsequent ratification by more than 180 parties indicates universal agreement on the norms of quality of government, putting an end to moral relativist arguments. While UNCAC does not define corruption, it defines good governance and sets ethical universalism as its key benchmark. The chapter then follows the intellectual history of this concept and its remarkable success, with the norm of equal, fair, and nondiscriminatory treatment of every citizen present in every current constitutional contract. Ratification does not necessarily mean implementation when corruption is concerned, and the chapter surveys limitations to the practice of ethical universalism in governance and existing approaches to narrow the gap between norm and practice.


2010 ◽  
Vol 18 (1) ◽  
pp. 1-23 ◽  
Author(s):  
Amaka Megwalu ◽  
Neophytos Loizides

Following the 1994 genocide, several justice initiatives were implemented in Rwanda, including a tribunal established by the United Nations, Rwanda's national court system and Gacaca, a ‘traditional’ community-run conflict resolution mechanism adapted to prosecute genocide perpetrators. Since their inception in 2001, the Gacaca courts have been praised for their efficiency and for widening participation, but criticised for lack of due process, trained personnel and attention to atrocities committed by the Rwandan Patriotic Front (RPF). To evaluate these criticisms, we present preliminary findings from a survey of 227 Rwandans and analyse their attitudes towards Gacaca in relation to demographic characteristics such as education, residence and loss of relatives during the genocide.


Author(s):  
Caroline Fleay

Throughout the past forty years various leaders from both major political parties in Australia have categorized the arrival by boat of people seeking asylum as a “crisis” and the people themselves as “illegal.” This is despite Australia being a signatory to the United Nations Convention Relating to the Status of Refugees, and receiving relatively few people who seek asylum compared with many other countries. Punitive government policies and processes have further reinforced these representations, such that “crisis” and “illegal” can now be understood as both categories of analysis and practice. The repeated use of such categories may be helping to produce and reproduce prejudice and racism and obscure the needs and experiences of people seeking asylum.


Author(s):  
Henrique Cukierman

A review of the literature on the Vaccine Revolt shows that it continues to be treated in an overly simplistic manner as a “structure” subjected to some form of regulation, from which its dynamics can be explained and its “root causes” identified. It is possible to forge a new, more cautious historiographical path, seeking to view this “structure” as a rhizome, as a loosely connected ensemble that exists under unstable circumstances whose precarious (dis)order cannot be grasped in its complexity by a reductionist analysis. Another historiographical approach that can shed new light on the popular revolt of 1904 situates it in the context of its links to the history of the smallpox vaccine and its diffusion. Viewing the episode as equally relevant to the history of science and technology, this article proposes to “vaccinate the Vaccine Revolt”—that is, to reintroduce the smallpox vaccine as a protagonist in the events—highlighting the need to treat the revolt as a chapter of a sociotechnical history; after all, what could be more sociotechnical than a technoscientific artifact that gave its name to a popular revolt? This is a history of scientists convinced of the superiority of their technical knowledge and of their right to exercise their power for the good of the public, who would be obliged to comply; most of all, it is a history without the problematic distinctions between content and context, between rationality and irrationality, between science and society. It is also a history of the popular mobilization on the streets of downtown Rio de Janeiro, exemplified by the vigorous resistance mounted in the working-class neighborhood of Saúde under the command of the Black man known as Prata Preta, which serves as a counterpoint to top-down historical narratives more concerned with the comings and goings of White political elites and coup-plotting, positivist-inspired generals, marked by the symptomatic exclusion of Black and working-class actors. It also serves to emphasize the symptomatic absence of the voice of Prata Preta, who was imprisoned and summarily banished without any due process. The fact that he was silenced has made it easier to construct allegories about “the people,” portraying them as heroic opponents of elite oppression or the exact opposite: an antiheroic, dangerous, and disposable rabble. Among the entourage of characters who have been silenced, one should also note the absence of women’s voices; although vaccine opponents rallied around the claim that they were defending against the “violation” of women’s bodies, nothing was heard from women’s mouths. Finally, revisiting the history of the Vaccine Revolt offers another opportunity to unmask the project of an authoritarian political, military, and scientific elite, with a particular focus on Oswaldo Cruz, one of Brazil’s greatest champions of science. In the name of science and public health, that elite envisioned a modern Brazil, while remaining ignorant of the daily nightmare lived by the vast majority of the Black, poor, and marginalized population.


Comma ◽  
2021 ◽  
Vol 2019 (2) ◽  
pp. 19-36
Author(s):  
Aleksandr Gelfand

Seventy-five years ago (1945), the United Nations (UN) was founded in San Francisco by 50 nations. There, a small archives unit served to assemble the first records of the organization; this was the first iteration of today’s Archives and Records Management Section (ARMS). Throughout its history, the fortunes of the UN Archives have waxed and waned, while its role has continuously evolved. Trying to carve out a place for itself within the largest international organization in the world, its physical and administrative structures have undergone profound changes, as has its mission, number of staff, the type of records it holds and its users. This paper examines significant events in the development of the UN Archives, the challenges it has faced and what may be learned from them.


AJIL Unbound ◽  
2016 ◽  
Vol 110 ◽  
pp. 3-7 ◽  
Author(s):  
Antonios Tzanakopoulos

Devika Hovell’s article is a very welcome and useful contribution to the debate regarding the “accountability” (whatever the term may mean) of international organizations, and the United Nations in particular. The author argues that scholarship has tended to focus on (descriptive) state practice to the detriment of (normative) theoretical appeal, and so the relevant discussion “has received inadequate theoretical attention.” In response, she sets out to tell the story of the United Nations being held to account through a highly theorized (and, if I may venture even at the outset, perhaps a bit stylized) scheme of contrasting “instrumentalist,” “dignitarian,” and “public interest” approaches to due process. This she applies to two case studies, one regarding targeted sanctions imposed by the UN Security Council, mainly in the context of antiterrorism; and one regarding the cholera outbreak in Haiti, where the United Nations has been implicated. Hovell critiques both the instrumentalist and dignitarian approaches, which correspond in broad terms to legal action at the international, and the domestic/regional level, respectively, and argues in favor of a “public interest” approach as better reflecting a “value-based” due process.


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