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31. Q&A: The Gambia v. Myanmar, Rohingya Genocide at The International Court of Justice, May 2020 Factsheet

Author:
Global Centre for the Responsibility to Protect
Publication Date:
05-2020
Content Type:
Policy Brief
Institution:
The Global Centre for the Responsibility to Protect
Abstract:
According to the UN Human Rights Council-mandated Independent International Fact-Finding Mission on Myanmar (FFM), the treatment of the Rohingya population during the “clearance operations” amounts to genocide, crimes against humanity, and war crimes, the commission of which evoke specific obligations and responsibility under international law. In its final report, published in September 2019, the FFM concluded that “the State of Myanmar breached its obligation not to commit genocide” and found that Myanmar “continues to harbor genocidal intent” towards the Rohingya, emphasizing the need for accountability. This fact sheet answers fundamental questions about the ongoing ICJ case, Myanmar’s responsibility for genocide and its impact on the Rohingya population. (Answers to questions about the early stages of the lawsuit are here.)
Topic:
Security, Responsibility to Protect (R2P), International Court of Justice (ICJ), and Rohingya
Political Geography:
Myanmar, Global Focus, and Gambia

32. Addressing the Use of Human Shields

Author:
Tobias Vestner
Publication Date:
12-2019
Content Type:
Commentary and Analysis
Institution:
The Geneva Centre for Security Policy
Abstract:
Human shields are increasingly used in modern conflicts, exposing civilians and other protected persons to high risk of death and injuries. Using human shields is a violation of international humanitarian law (IHL) and a war crime under the 1998 Rome Statute of the International Criminal Court and customary international law. Armed forces confronted with human shields are faced with the dilemma between causing civil casualties that may undermine the legitimacy of their operations and refraining from attack which results in military disadvantages. To address the use of human shields, the respective normative framework and the enforcement of the prohibition could be strengthened. Strategic communication could also be deployed to delegitimize the use of human shields. Thematic engagement among states and with armed non-state actors could further prevent the use of human shields. Operational and tactical measures to circumvent human shields could further support states engaged in military operations and prevent incidental harm to civilians. Any action to address the use of human shields should be coordinated among states and international organizations.
Topic:
Security, Military Strategy, Law, Civilians, and International Humanitarian Law (IHL)
Political Geography:
Global Focus

33. Weapons Systems Supply and Operational or Logistical Support under the PSSA

Author:
Tobias Vestner and Alessandro Mario Amoroso
Publication Date:
05-2019
Content Type:
Working Paper
Institution:
The Geneva Centre for Security Policy
Abstract:
Tobias Vestner and Alessandro Mario Amoroso, from the GCSP Security and Law team, are the authors of a Training Guide designed for Swiss private security companies to fulfil the obligations introduced by the Federal Act on Private Security Services provided Abroad (PSSA). The guide is tailored to the needs of companies operating and maintaining weapons systems and/or providing installation services, training on equipment and systems, and/or operational or logistical support to armed forces. Its purpose is to enable company personnel to understand key concepts and standards of human rights and international humanitarian law, including the risk and avoidance of direct participation in hostilities. The various chapters provide the necessary knowledge and tools to train company personnel to identify, prevent, and report activities that can constitute direct participation in hostilities or complicity in human rights and international humanitarian law violations. The guide includes thirty practical scenarios for training on direct participation in hostilities, with answers, which can be used to discuss the risk and avoidance of activities amounting to direct participation in hostilities.
Topic:
Security, Human Rights, Weapons, and International Humanitarian Law (IHL)
Political Geography:
Switzerland and Global Focus

34. Defining the Concept of ‘Violent Extremism’

Author:
Mathias Bak, Kristoffer Nilaus Tarp, and Christina Schori Liang
Publication Date:
08-2019
Content Type:
Working Paper
Institution:
The Geneva Centre for Security Policy
Abstract:
During the last few decades, the concept of violent extremism (VE) has played an increasingly prominent role in policies and development programming on a global level. Having gone through several incarnations, the current focus for most actors deals with preventing and countering violent extremism. This terminology was constructed in an effort to repackage the Global War on Terror (GWOT) in a manner that shifted the focus away from the over-militarised responses of the 90s and early 2000s, to methods linked to social support and prevention. Where counterterrorism focuses on countering terrorists through physical means, the Preventing and Countering Violent Extremism (P/CVE) approach aims to prevent the rise of violent extremist organisations (VEOs) through less militarised methods. P/CVE programs therefore aim at developing resilience among communities that may be prone to violent extremism. According to the 2015 UN Plan of Action to Prevent Violent Extremism, such interventions aim to address the root causes and drivers of violent extremism, which often include: socio-economic issues; discrimination; marginalization; poor governance; human rights violations; remnants of violent conflict; collective grievances; and other psychological factors.1 The concept of violent extremism has also become increasingly mainstream in the international community, with both the UN Security Council (UNSC 2014)2 and the UN General Assembly3 (UNGA 2015) calling for member states to address VE.
Topic:
Security, Violent Extremism, Counter-terrorism, and War on Terror
Political Geography:
United Nations and Global Focus

35. The Fight Against Money Laundering and Terrorist Financing

Author:
Jeremy Lin
Publication Date:
10-2019
Content Type:
Commentary and Analysis
Institution:
The Geneva Centre for Security Policy
Abstract:
The Financial Action Task Force (FATF) fulfills a critical role in international financial governance as the global standards-setter for antimoney laundering and combating the financing of terrorism (AML/CFT). Money laundering and terrorist-financing challenges are evolving, particularly as AML/CFT regimes in developed countries become more robust and illicit financial flows move deeper into primarily cash-based informal economies. Recent political maneuvering by FATF member states to influence the organization’s decisions and global AML/CFT standards-setting has demonstrated that the FATF and AML/CFT policymaking are vulnerable to individual state interests and that the organization’s political independence needs to be strengthened. To more effectively address the above challenges, the FATF should establish an independent oversight function, provide clearer guidance and technical support to countries with deficient AML/CFT regimes, and expand the diversity of its membership.
Topic:
Security, Terrorism, Monetary Policy, Governance, and Financial Crimes
Political Geography:
Global Focus

36. Moving the Encryption Policy Conversation Forward

Author:
Encryption Working Group
Publication Date:
09-2019
Content Type:
Working Paper
Institution:
Carnegie Endowment for International Peace
Abstract:
Strong data encryption thwarts criminals and preserves privacy. At the same time, it complicates law enforcement investigations. A Carnegie working group looks to move the debate forward.
Topic:
Security, Science and Technology, Law Enforcement, and Privacy
Political Geography:
Global Focus and United States of America

37. ICT Supply Chain Integrity: Principles for Governmental and Corporate Policies

Author:
Ariel Levite
Publication Date:
10-2019
Content Type:
Working Paper
Institution:
Carnegie Endowment for International Peace
Abstract:
In an increasingly digitized world, information and communication technologies (ICTs), and especially operational technologies (OTs), have assumed critical importance for governments, industry, and the general public worldwide. Yet trust in the integrity of these products and services is declining because of mounting concerns over inadvertent vulnerabilities in the supply chain and intentional backdoor interventions by state and corporate actors. Compounding the problem, these legitimate security concerns are sometimes exaggerated for political and commercial reasons—a counterproductive dynamic that fuels rivalries, fragments the marketplace, increases anxiety, stifles innovation, and drives up costs. Inarguably, some governments have been intervening in the ICT/OT supply chain or at least laying the groundwork for such interventions. They believe the pursuit to be justifiable and legal, citing objectives related to intelligence, law enforcement, and military operations. Whether valid or not, the concern is that certain corporations are actively or passively weakening the security of the supply chain and final products either at the behest of governments or for questionable purposes. Another concern is that both state and corporate interventions could leverage or mask what are purely lax security standards or flaws in products and services. And this further reduces trust in ICT/OT.
Topic:
Security, Government, Science and Technology, and Private Sector
Political Geography:
Global Focus

38. The Global Refugee Regime and UN System-wide Reforms

Author:
Sarah Miller
Publication Date:
06-2019
Content Type:
Working Paper
Institution:
Centre for International Governance Innovation
Abstract:
This paper considers how responsibility for ensuring refugee protection and access to solutions can be shared more reliably across the United Nations’ system, by examining entry points beyond traditional humanitarian actors (including peace and security actors in the United Nations), as well as the role states can play in supporting a broader response from the UN system. It draws upon a range of literature and concepts, including the Responsibility to Protect doctrine, offering a mapping and analysis of the proposed UN reforms within the humanitarian, development, financial, and peace and security sectors. It then considers how these reforms might be relevant to responsibility sharing in displacement situations and lays out some of the broader challenges to greater responsibility sharing. Finally, the paper provides recommendations for how to more fully engage these other actors — within the United Nations and beyond — to improve the prevention of, response to and resolution of displacement.
Topic:
Security, United Nations, Refugee Issues, Displacement, and Humanitarian Crisis
Political Geography:
Global Focus

39. Patching Our Digital Future Is Unsustainable and Dangerous

Author:
Melissa Hathaway
Publication Date:
06-2019
Content Type:
Working Paper
Institution:
Centre for International Governance Innovation
Abstract:
In recent years, the world has witnessed an alarming number of high-profile cyber incidents, harmful information and communications technology (ICT) practices, and internationally wrongful acts through the misuse of ICTs. Over the last 30 years, a unique and strategic vulnerability has been brought to society — by allowing poorly coded or engineered, commercial-off-the-shelf products to permeate and power every aspect of our connected society. These products and services are prepackaged with exploitable weaknesses and have become the soft underbelly of government systems, critical infrastructures and services, as well as business and household operations. The resulting global cyber insecurity poses an increasing risk to public health, safety and prosperity. It is critical to become much more strategic about how new digital technologies are designed and deployed, and hold manufacturers of these technologies accountable for the digital security and safety of their products. The technology industry has fielded vulnerable products quickly — now, it is crucial to work together to reduce the risks created and heal our digital environment as fast as society can.
Topic:
Security, Science and Technology, Cybersecurity, Digital Economy, and Surveillance
Political Geography:
Global Focus

40. Advancing SDGs in International Investment Agreements: Building Peace and Justice through General Exceptions Clauses

Author:
Guy Marcel Nono
Publication Date:
11-2019
Content Type:
Working Paper
Institution:
Centre for International Governance Innovation
Abstract:
For more than a decade, there has been a lot of focus on how sustainable development relates to international investment law. The growing trend of including general and security exceptions clauses in international investment agreements (IIAs) has also been highlighted. However, the nexus between general IIAs and security exceptions and the achievement of the SDGs has not been explored.
Topic:
Security, International Law, Sustainable Development Goals, and Investment
Political Geography:
Global Focus