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301. The Legal Status of the Holy See

Author:
Cedric Ryngaert
Publication Date:
12-2011
Content Type:
Journal Article
Journal:
The Goettingen Journal of International Law
Institution:
The Goettingen Journal of International Law
Abstract:
The Holy See enjoys rights under international law that few, if any, non-State actors (excluding intergovernmental organizations) enjoy: it has joined various intergovernmental organizations, it is a party to a substantial number of bilateral and multilateral treaties, it sends and receives diplomatic representatives, is said to enjoy immunity from jurisdiction, and has been granted permanent observer status at the United Nations. However, unlike the Vatican City State, the Holy See is not to be characterized as a State, given that it has a global spiritual remit and that it can act internationally without a territorial base. Instead, it is a sui generis non-State international legal person which borrows its personality from its 'spiritual sovereignty' as the center of the Catholic Church.
Topic:
International Law, Bilateral Relations, and Non State Actors
Political Geography:
United Nations

302. Protecting in Libya on Behalf of the International Community

Author:
Marie-José Domestici-Met
Publication Date:
12-2011
Content Type:
Journal Article
Journal:
The Goettingen Journal of International Law
Institution:
The Goettingen Journal of International Law
Abstract:
Here is the third issue of a series of three, under the global title "Humanitarian Action – A Scope for the Responsibility to Protect?". The first issue dealt with "Humanitarian Assistance Looking for a Legal Regime Allowing its Delivery to Those in Need under any Circumstances" and ended with the conclusion that humanitarian action protagonist had hitherto failed to find the adequate regime. The second issue questioned whether R2P was a legal tool ready to use; it ended with the conclusion that it was not yet really the case.
Political Geography:
Libya, Arabia, and United Nations

303. Completing the ICTY Project Without Sacrificing its Main Goals. Security Council Resolution 1966 – A Good Decision?

Author:
Donald Riznik
Publication Date:
12-2011
Content Type:
Journal Article
Journal:
The Goettingen Journal of International Law
Institution:
The Goettingen Journal of International Law
Abstract:
Almost two decades after having established the ad-hoc criminal tribunal for the former Yugoslavia, this institution is about to fulfill its mandate and will close its doors in the near future. Looking back on 20 years of legal and political struggle, the overall result of this institutional project is positive. This article analyses the way the Security Council and the ICTY have chosen to bring the tribunal to an end by implementing the Completion. The problematic aspect, the Security Council was faced with before its final Resolution 1966, adopted on 22 December 2010, has been outlined together with the chosen path to avoid commitments, especially with regard to its major goal to end impunity for serious breaches of international law, and to bring justice and peace to the people living on the territory of the former Yugoslavia. This (so far) last resolution, which implemented the International Residual Mechanism for Criminal Tribunals (IRMCT), was adopted at a time, when the last two remaining fugitives, Ratko Mladic and Goran Hadzic were still at large. Only a few months ago, the two were caught and transferred to the tribunal. The author argues that not shutting the institutional doors entirely until all remaining fugitives are arrested, was a complex situation in a legal and practical sense. Facing and solving this problem through Resolution 1966 was the best choice at that time. This article will give a brief description about the practical impact of the IRMCT on the ICTY's further work, and the relation between these two judicial institutions during their coexistence.
Topic:
Security and International Law
Political Geography:
Yugoslavia and United Nations

304. The ICTY Legacy: A Defense Counsel's Perspective

Author:
Michael G. Karnavas
Publication Date:
12-2011
Content Type:
Journal Article
Journal:
The Goettingen Journal of International Law
Institution:
The Goettingen Journal of International Law
Abstract:
The ICTY's achievements are as impressive as they are irrefutable. Less impressive is the uneven quality of procedural and substantive justice that the Tribunal has rendered. The author highlights several shortcomings at the Tribunal, including the appointment of unqualified judges, excessive judicial activism, its disparate application of law, procedure, and prosecutorial resources to different ethnic groups, and its tinkering with the rules of procedure to promote efficiency at the cost of eroding the fundamental rights of the Accused. Drawing on specific examples, from the approach adopted concerning the admissibility of testimonial evidence to specific areas of substantive law where judicial activism has been pronounced – the development of joint criminal enterprise and the requirements for provisional release at a late stage of the proceedings – this article is one defense counsel's perspective of some of the most unfortunate shortcomings of the ICTY, which regrettably form part and parcel of the Tribunal's legacy.
Topic:
Security and Law
Political Geography:
Yugoslavia and United Nations

305. Regulating War: A Taxonomy in Global Administrative Law

Author:
Daphné Richemond-Barak
Publication Date:
11-2011
Content Type:
Journal Article
Abstract:
This article examines the intersection between the private security and military industry and the emerging framework of global administrative law ('GAL'). I explore in this article one aspect of this intersection, namely the use of GAL to create a taxonomy of the industry's regulatory schemes. The industry is characterized by a fragmented and decentralized regulatory framework, which has yet to be presented in a complete and orderly fashion. This article fills the gap by applying GAL's methodology to the private security and military industry. Using the industry as a case study in GAL, I identify (1) international formal administration (the United Nations Working Group on Mercenaries); (2) distributed domestic administration (contract and domestic legislation); (3) hybrid modes of administration (multi-stakeholder initiatives); and (4) private modes of administration (industry associations and codes of conduct). By emphasizing – but not limiting itself to – hybrid and private modes of administration, this article describes what is an increasingly complex manifestation of global governance. Its purpose is to highlight GAL's potential in understanding and contending with the growth of the private security and military industry.
Topic:
War and Law
Political Geography:
Africa and United Nations

306. The Lord's Resistance Army and the Responsibility to Protect

Publication Date:
11-2011
Content Type:
Policy Brief
Institution:
The Global Centre for the Responsibility to Protect
Abstract:
This brief seeks to clarify how the Responsibility to Protect (R2P) applies to the threat posed by the Lord's Resistance Army (LRA) and examines the measures that should be taken by regional governments, the African Union (AU), donor governments and the UN Security Council in order to protect populations under threat.
Topic:
Political Violence, Ethnic Conflict, Human Rights, Armed Struggle, and Insurgency
Political Geography:
Africa and United Nations

307. Background Briefing: R2P After Libya and Cote d'Ivoire

Publication Date:
11-2011
Content Type:
Policy Brief
Institution:
The Global Centre for the Responsibility to Protect
Abstract:
R2P, like all norms, is bound to see its capacity to deliver on its intended goals tested by real experience. Ever since R2P was endorsed by member states at the United Nations General Assembly in 2005, a number of cases have helped define the boundaries of its application. Well before Libya, R2P had already made a discrete difference in a number of cases: from the most cited example of the political and diplomatic response to the outbreak of ethnic violence in Kenya in early 2008; to the patchy response to signs of ethnic cleansing in Kyrgyzstan in the summer of 2010; to the more forceful regional and international efforts in Guinea at the end of that year.
Topic:
Foreign Policy, Diplomacy, Regime Change, and Insurgency
Political Geography:
Kenya, Africa, Asia, Kyrgyzstan, Libya, United Nations, and Guinea

308. Regional Organizations in China's Security Strategy for Africa: The Sense of Supporting "African Solutions to African Problems"

Author:
Sara Van Hoeymissen
Publication Date:
03-2011
Content Type:
Journal Article
Institution:
German Institute of Global and Area Studies
Abstract:
African regional organizations play a significant role in maintaining peace and security on their continent. This article looks at how China, as an emerging power in Africa, has incorporated these organizations into its policies on African security crises. It asserts that China has explicitly endorsed regional conflict resolution mechanisms, which it perceives as having a less intrusive impact on third world countries' sovereignty than have initiatives taken under the global collective security system led by the UN Security Council. Moreover, China strengthening cooperation with African regional organizations and aligning its stance with the views emerging from these regional bodies is an important way in which China has tried to respond to the rising security challenges and political demands it is faced with in Africa. The article briefly considers what influence China's increased attention to African regional bodies is having on efforts by Africa's traditional donors to help build – but also shape – Africa's emerging peace and security architecture.
Topic:
Sovereignty
Political Geography:
Africa, China, and United Nations

309. Politics by other means: Canadian "Strategy" and the Italian Campaign, 1943

Author:
Christine Leppard
Publication Date:
06-2011
Content Type:
Journal Article
Journal:
Journal of Military and Strategic Studies
Institution:
Centre for Military, Security and Strategic Studies
Abstract:
In 1939 Canada entered World War Two with a tiny military and obsolete kit. Four years later, Canada had raised a five division, two corps army that was defending the shores of Dover, although the immediate threat of German invasion had long since passed. Instead of joining the Allied war in North Africa the Canadian army remained, in the words of Army Commander Andrew McNaughton, the “dagger pointed at the heart of Berlin,” ready and waiting to go ashore in North-West Europe whenever the long-awaited invasion finally came. This posture pleased the Canadian public, who well versed in the laurels won by Arthur Currie and the Canadian Corps in the Great War, anticipated a similar role for the entire Canadian army in the liberation of Europe. Plus, Canada's expected role in the main invasion would bolster its esteem among its more powerful allies, Britain and the United States. Although Prime Minister William Lyon Mackenzie King was speaking about Canadian public opinion when he told one of his cabinet minister's that “he laughed best who laughed last,” it surely also applied to Mackenzie King's view of what Canada's post-war role would be: one with a newly minted role for Canada as an independent ally, neither wholly British nor wholly American, standing independent and tall within the British Commonwealth and the United Nations.
Political Geography:
United States, Europe, Canada, Germany, and United Nations

310. On Cyber Peace

Author:
Les Bloom and John Savage
Publication Date:
08-2011
Content Type:
Policy Brief
Institution:
Atlantic Council
Abstract:
The best deterrence to cyber conflict is to aggressively pursue national and international risk mitigation at the same time that we explore a full-spectrum of cyber capabilities. Nations should strive to reduce the emerging cyber arms race by developing a basis for trust. The international community has already taken useful steps in this direction with, for example, the European Convention on Cybercrime and the UN report on cyber security which calls for a set of actions that would make information infrastructures more secure.
Topic:
Defense Policy, Science and Technology, Terrorism, War, and International Security
Political Geography:
United Nations