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101. The ICC under Political Pressure: Towards Lowered Expectations of Global Justice

Author:
Katja Creutz
Publication Date:
04-2014
Content Type:
Policy Brief
Institution:
Finnish Institute of International Affairs
Abstract:
In 2010, the International Criminal Court (ICC) launched investigations into the 2007-2008 post-election violence in Kenya, in which some 1,200 people were killed and several hundred thousand displaced. The ICC is breaking new ground with the Kenyan cases; for the first time sitting heads of state are facing charges before the Court. Kenya's response to the proceedings has involved a number of political and judicial measures. It has obstructed the work of the Court; it has sought deferral of the cases by the Security Council; and it has threatened the ICC with mass withdrawals. Kenya's objection to the trials has gained regional support and renewed strength for the claim that the Court has an anti-African bias. Its claims that the Court should not prosecute state leaders because of concerns over regional peace and security have been met with understanding. The Security Council has, however, refused to suspend the trials. The political attack against the ICC will have broader implications for the Court. The Court will need to reconsider how it protects witnesses, safeguards evidence, and selects cases for prosecution. It may even have to retreat from the principle of prosecuting sitting heads of state. The expectations placed upon the ICC as an institution of global justice have been unrealistic. The current international political climate will not further this goal. Major powers remain outside the Court and the current Ukrainian crisis will make it hard to agree upon Security Council referrals.
Topic:
International Relations, Human Rights, International Organization, and Law Enforcement
Political Geography:
Africa and United Nations

102. A strategy to rescue diplomacy on Syria

Author:
Mona Yacoubian
Publication Date:
02-2014
Content Type:
Policy Brief
Institution:
Norwegian Centre for Conflict Resolution
Abstract:
The Syrian crisis is rapidly turning into a humanitarian and security nightmare with regional and possibly global implications. The conflict is now firmly entrenched in a military stalemate. While "stalemate" conveys a sense of stasis, the impasse translates into the deepening deterioration of conditions on the ground. Meanwhile, the supercharged sectarian dynamic emanating from Syria is severely threatening regional stability, particularly in Iraq and Lebanon, which have both witnessed significant increases in sectarian violence.
Topic:
Diplomacy, Humanitarian Aid, International Cooperation, and Sectarian violence
Political Geography:
United Nations and Syria

103. Brazil's rising profile in United Nations peacekeeping operations since the end of the cold war

Author:
Rita Santos and Teresa Almeida Cravo
Publication Date:
03-2014
Content Type:
Working Paper
Institution:
Norwegian Centre for Conflict Resolution
Abstract:
Brazil's engagement in United Nations (UN)-mandated peacekeeping operations dates from 1956. Since then the country has participated in 46 of 65 UN peacekeeping operations, deploying 11,669 personnel in total. Yet until 2004-05, with the UN's peacekeeping mission in Haiti, Brazilian contributions to such operations were mainly symbolic, military based and concentrated in Portuguese-speaking countries. Recent changes in the size, type and geographical distribution of Brazil's participation in peace operations echo the reorientation of the country's foreign policy in its search for a more globalised political influence, especially under Lula da Silva's presidency. In particular, peacekeeping under UN aegis has enabled Brazil to showcase its perceived added value in terms of its expertise on stabilisation, track record on development and conflict mediation, and advocacy for the Global South. Aspiring to become a world power, Brazil has assumed a role in peace and security that is more consistent with enhanced international responsibility. Yet, as this report highlights, this transformation has been characterised by dilemmas that are a product of the country's simultaneous legitimation and contestation of the international power structures in which it operates.
Topic:
International Cooperation, International Security, and Peacekeeping
Political Geography:
Brazil, South America, and United Nations

104. Peacekeepers at risk: the lethality of peace operations

Author:
Jaïr van der Lijn and Jane Dundon
Publication Date:
02-2014
Content Type:
Policy Brief
Institution:
Stockholm International Peace Research Institute
Abstract:
Over the past two decades, personnel contributions from European and North America countries to United Nations peacekeeping operations and to missions deployed in Africa have reduced significantly. This is partly explained by the common assumption in Western governments and security establishments that missions in Africa are more dangerous than missions in other regions of the world, and that contributing to UN peacekeeping operations is more risky than to those conducted by ad hoc coalitions or regional organizations such as the North Atlantic Treaty Organization (NATO).
Topic:
Peacekeeping
Political Geography:
Africa, Europe, North Atlantic, United Nations, and North America

105. The UN Declaration on the Rights of Indigenous Peoples: Monitoring and Realizing Indigenous Rights in Canada

Author:
Terry Mitchell and Charis Enns
Publication Date:
04-2014
Content Type:
Policy Brief
Institution:
Centre for International Governance Innovation
Abstract:
The Government of Canada endorsed the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) as a tool for protecting indigenous rights in 2010, but has made very little progress toward its implementation. James Anaya, the United Nations Special Rapporteur on the Rights of Indigenous Peoples (UNSRRIP), recently declared that Canada faces a crisis when it comes to the human rights situation of indigenous peoples, ranging from adverse living conditions on reserve to unaddressed violence against indigenous women. The Government of Canada should implement targeted measures to address the UNSRRIP's concerns and improve the human rights situation of indigenous peoples in Canada.
Topic:
Human Rights and United Nations
Political Geography:
Canada, United Nations, and North America

106. Kosovo to Kadi: Legality and Legitimacy in the Contemporary International Order

Author:
Ruti Teitel
Publication Date:
04-2014
Content Type:
Journal Article
Institution:
Carnegie Council
Abstract:
Whence does international law derive its normative force as law in a world that remains, in many respects, one where legitimate politics is practiced primarily at the national level? As with domestically focused legal theories, one standard answer is positivistic: the law's authority is based on its origin in agreed procedures of consent. This is certainly plausible with respect to treaty obligations and commitments that derive from the United Nations Charter, but it leaves customary international law vulnerable to legitimacy critiques-of which there is no shortage among international law skeptics. Even with respect to conventional international norms, such as treaty provisions, there is often a sense that such consent is democratically thinner than the public consent to domestic law, particularly fundamental domestic law, constitutional norms, and derivative principles of legitimate governance. State consent in international law, in this view, is often a very imperfect proxy for democratic consent to international legal norms. While it is obvious to international lawyers why (as a matter of positive law doctrine) state consent should make international norms prevail over domestic norms to which there is arguably deeper democratic consent, persistent critics of international law have questioned whether this should be so as a matter of legitimacy.
Political Geography:
United Nations

107. East-West Center Working Papers, Environmental Change, Vulnerability, and Governance Series

Author:
Alex S. Forster
Publication Date:
03-2014
Content Type:
Working Paper
Institution:
East-West Center
Abstract:
North Korea is an extremely isolated and impoverished nation. While its political elites are able to enjoy some degree of luxury in spite of UN sanctions, the lower classes suffer from shortages of food, electricity, healthcare, and other basic needs. Many of the lower class and fringe populations reside in rural areas with limited infrastructure, and rely on black markets to survive. Their situation could be dramatically improved if electricity could be provided to their communities to power heating, health clinics, manufacturing facilities, fertilizer plants, and water pumps for agricultural irrigation.
Topic:
Health, Food, and Sanctions
Political Geography:
Asia and United Nations

108. Small States at the United Nations: Diverse Perspectives, Shared Opportunities

Author:
Andrea Ó Súilleabháin
Publication Date:
05-2014
Content Type:
Working Paper
Institution:
International Peace Institute
Abstract:
Small states make up the majority of United Nations member states, and they are among the strongest advocates for the rules-based multilateral system. Yet many small states face challenges in advancing their interests at the UN. Drawing on the insights and ideas of 54 small-state UN missions, this report explores the strengths and challenges of small-state diplomacy at the UN. While small states have made significant contributions to policy development and debates at the UN, the author finds that small states share key challenges to participating effectively in diplomacy and policymaking at the UN-particularly in terms of asymmetric access to information, capacity constraints, and structural barriers in the UN system. The report identifies opportunities for strategic cooperation among small states and offers practical recommendations for addressing their shared challenges. These include, for example, streamlining the UN's information delivery processes, enhancing the accessibility of Secretariat personnel, and developing training and guidance for mission personnel on technical and procedural matters at the UN.
Topic:
International Relations, Diplomacy, International Cooperation, and Bilateral Relations
Political Geography:
United Nations

109. The Political Economy of UN Peacekeeping: Incentivizing Effective Participation

Author:
Katharina P. Coleman
Publication Date:
05-2014
Content Type:
Working Paper
Institution:
International Peace Institute
Abstract:
The United Nations (UN) has a unique set of mechanisms for financing its peacekeeping operations, and it can draw on significant funding for this purpose: total authorized expenditure for the 2013-2014 budget year was $7.54 billion. These resources allow the UN to employ civilian peacekeepers, enter into commercial contracts for its peacekeeping missions, and shape the financial incentives of states deciding whether and how to participate in a UN peacekeeping operation. Ideally, UN peacekeeping financing mechanisms should incentivize timely state contributions of highly effective peacekeeping units willing to make full use of their capabilities.
Topic:
International Cooperation and Peacekeeping
Political Geography:
Africa and United Nations

110. Development: Advancement through International Organizations

Author:
Rohinton Medhora and David Malone
Publication Date:
05-2014
Content Type:
Working Paper
Institution:
Centre for International Governance Innovation
Abstract:
The familiar world of international organizations principally devoted to development has been upended by two phenomena. First is the emergence of sustained economic success in the developing world (mostly in Asia, but increasingly also in Africa and, in a less spectacular way, Latin America) amid compelling, continuing need among the world's poor. Second, the slow-moving, serious financial and economic crisis of the industrialized world since 2008 has reordered priorities in many of their capitals toward domestic spending and away from costly international projects.
Topic:
Development, Economics, International Cooperation, International Organization, and Financial Crisis
Political Geography:
Africa, Asia, United Nations, and Latin America