Declarations of Independence in Civil Wars

Wars of Law ◽  
2018 ◽  
pp. 161-191
Author(s):  
Tanisha M. Fazal

This chapter asks: why, given a rise in secessionism, are secessionists decreasingly likely to issue formal declarations of independence? The main argument of the chapter is that secessionists are especially sensitive to the preferences of the international community, which has expressed strong opposition to unilateral declarations of independence since the founding of the United Nations. The chapter introduces and uses an original dataset on civil wars and three civil war case studies to assess, and ultimately find support for, this claim.

Author(s):  
Tara Rose Mcdonald

The United Nations definition for the term genocide requires that the accused party acts with “intent to destroy” another group. The question of intent provides the foundation for examining how assimilation and genocide are two possible difference elimination strategies that were employed by the Canadian government during the 20th Century against Native Canadians. Comparing the colonial setting that defines the Canadian case with the civil war setting that preoccupied the 1992 Bosnia genocide effectively highlights similarities between the two case studies. The similarities provide the opportunity to explore whether the condition of intent can be proven in such intricate environments, and whether or not the international community should give such heavy consideration to intent during the classification process for genocide.


2020 ◽  
Vol 10 (2) ◽  
pp. 189-202
Author(s):  
Zeynep Banu Dalaman ◽  
Türkan Melis Parlak

The use of children who have been most exposed to the destructive effects of wars for various military activities has been seen throughout history. Child soldiers are involved in civil wars and conflicts in many countries, especially in Africa, without discrimination. Even if the participation of 15-year-olds in the Army is accepted as a war crime by the United Nations, some 300,000 children are actively involved in wars today. The key to child soldiers is the reintroduction and retraining of these children. However, what should be mentioned here is that these children are guilty? Or a victim? In this article, the child soldier problem will be discussed from two angles. First, the effectiveness of the decisions taken to prevent criminal organisations and states from committing this crime to recruit child soldiers within the framework of international law rules will be discussed. Secondly, based on the example of Uganda, the programs prepared by the international community for the reintegration of former child warriors to society will be analysed.


Author(s):  
Ayokunu Adedokun

With the heavy involvement of the United Nations (UN) and the international community, the Rome General Peace Agreement of 1992 ended more than 16 years of civil war in Mozambique. The peace agreement and post-conflict initiatives by the international community was successful in transforming the Mozambique National Resistance
(Renamo) from a rebel group into a viable political party. Key components of the United Nations and the broader international community success in negotiating peace and creating conditions for political stability and democracy in Mozambique were (a) the provision of disarmament, demobilization and reintegration (DDR) before democratisation, (b) decentralization of humanitarian and relief efforts to provincial and district levels, (c) provision of financial support directly for the development of political parties, and (d) budget support to sectors relevant to peacebuilding. Though imperfect, Mozambique remains an important case study in how the UN and international community can help in post-conflict environments. Thus, the paper argues that success in peacebuilding operations depends on credible and impartial international support through the UN, as opposed to peacebuilding operations through the United States of America or Russia.


Wars of Law ◽  
2018 ◽  
pp. 217-242
Author(s):  
Tanisha M. Fazal

This chapter asks: why has the use of peace treaties to conclude civil wars increased in recent years? The main argument of the chapter is that the international community – which often provides critical support to both states and rebels fighting civil wars – has developed a taste for peace treaties. Rebel groups are likely to be willing to sign peace treaties because having a seat at the table accords them some legitimacy. States, while less interested in concluding peace treaties in civil wars, do so under pressure from the international community. But peace treaties are not always an inherent good in that they are not always associated with peace.


ICL Journal ◽  
2017 ◽  
Vol 11 (2) ◽  
Author(s):  
Otto Spijkers

AbstractA constitution defines the values of a particular community, and establishes institutions to realize these values. In defence of the argument that the United Nations Charter is the world’s constitution, I will try to show that it contains the shared values and norms of the international community, and that the UN’s organs are tasked with the promotion and protection of the shared values and norms as defined in the UN Charter. The focus is on the values of human dignity and peace and security.


2021 ◽  
pp. 1-31
Author(s):  
Kasaija Phillip Apuuli

Abstract Since the end of the revolution that toppled the rule of Muammar Qaddafi in October 2011, Libya has never known peace. The country descended into civil war with different factions contending for control. In this milieu, the United Nations attempted to mediate an end to the crisis but its efforts have failed to gain traction partly as a result of other mediation initiatives undertaken by several European actors. Sub-regional and continental organizations, including the Arab Maghreb Union (AMU) and the African Union (AU) respectively, that should have taken the lead in the mediation have been absent. Meanwhile, continued fighting has hampered a mediated settlement, and terrorist groups such as the Islamic State (IS) and al-Qaeda have taken advantage of the situation to establish a presence in the country. In the end, rather than ending the crisis, Libya has provided the ground for competing mediation processes which have prolonged the crisis.


2017 ◽  
Vol 51 (2) ◽  
pp. 249-252
Author(s):  
Thomas B. Stevenson

The Syrian Civil War, now in its sixth year, has displaced an estimated 11 million people (with numbers constantly escalating), nearly half the country's population. Of these, the United Nations estimates 4.8 million Syrians have fled their homeland. News reports have tended to focus on the struggles of those crossing the Mediterranean and seeking asylum in Europe, but most refugees have sought safety in the neighboring countries of Turkey, Lebanon, and Jordan, where they have dispersed and “settled” in towns and cities. A comparative few have settled in host government and/or UNHCR sponsored camps. Jordan's Za‘atari Camp, just seven miles from the border, is the largest Syrian refugee camp. Its population peaked at more than 120,000 residents and currently has between 75,000 – 80,000 residents most of whom are from the Dara'a area. The camp is numerically equivalent to Jordan's fourth largest city.


1994 ◽  
Vol 34 (301) ◽  
pp. 340-353 ◽  
Author(s):  
Tim Allen

According to UNHCR figures, in 1970 there were 2.5 million refugees in the world. In 1980, the figure was 11 million. By the early 1990s, the alarming spread of civil wars was prompting an average of 10,000 people a day to flee across an international border. In 1993, the estimated number of refugees had risen to 18.2 million. In addition there were at least 24 million people who been forcibly displaced within their own countries (UNHCR, 1993:1). In 1994, the situation has deteriorated further, particularly in Africa. In the past few weeks, well over a million refugees have fled the fighting in Rwanda.


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