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691. Trading Justice for Security? UN Anti-Terrorism, Due Process Rights, and the Role of the Judiciary

Author:
Carmen Draghici
Publication Date:
05-2009
Content Type:
Working Paper
Institution:
Centre on Human Rights in Conflict
Abstract:
Policy-makers, domestically and in international for a, tend to address counter- terrorism and human-rights protection in terms of competitive goals. In the post-9/11 political climate dominated by security concerns, the suppression of the financing of terrorism is given priority over suspects' rights. The current procedures established by the UN Security Council for the freezing of funds of terrorist suspects encroach upon several individual rights. The most severe infringement upon the rights of persons targeted by the UN sanctions derives from the lack of a secure avenue of appeal. The denial of access to justice has been fostered for several years by the deference of national and regional courts to the UN Security Council. Recent developments at European Union level demonstrate that judicial decisions can shape counter-terrorism policies.
Topic:
Human Rights, Terrorism, United Nations, and Counterinsurgency
Political Geography:
Europe

692. Countering Terrorism in South Asia: Strengthening Multilateral Engagement

Author:
Eric Rosand, Jason Ipe, and Naureen Chowdhury Fink
Publication Date:
05-2009
Content Type:
Policy Brief
Institution:
Fourth Freedom Forum
Abstract:
Horrific acts of terrorism, such as the November 2008 attacks in Mumbai, underscore the regional nature of the terrorist threat in South Asia, and they highlight the need for greater cooperation within the region to address it. This report explores waysto strengthen such cooperation, with a particular focus on the role that the United Nations can playin this regard. It urges the United Nations to build on the international community's solidarity in the wake of terrorist attacks—such as those recently in Islamabad, Lahore, and Mumbai—to forge stronger engagement between the United Nations and SouthAsia on counterterrorism and within the region itself.
Topic:
Regional Cooperation, Terrorism, United Nations, and Counterinsurgency
Political Geography:
South Asia, Mumbai, Islamabad, and Lahore

693. From Adoption to Action: The UN's Role in Implementing its Global Counter-Terrorism Strategy

Author:
Eric Rosand
Publication Date:
04-2009
Content Type:
Policy Brief
Institution:
Fourth Freedom Forum
Abstract:
For much of the period following the attacks of September 2001, the United Nations' response to terrorism was dominated by the UN Security Council, which adopted a number of resolutions imposing a range of counterterrorism-related obligations on all member states. Perhaps the most significant of these is Resolution 1373 (2001),1 which enumerated a detailed list of obligations, such as criminalizing the financing of terrorism, freezing terrorists' assets, denying terrorists safe haven, and bringing terrorists to justice, that all member states must undertake as part of a global counterterrorism campaign, regardless of other, more pressing priorities or the perceived level of the threat. These requirements in turn generated a host of counterterrorism responses at the regional, subregional, and national levels around the globe.
Topic:
Terrorism, United Nations, and Counterinsurgency

694. Oversight or Overlooked? Civil Society's Role in Monitoring and Reforming Security Systems and the Practice of Counterterrorism

Author:
Alistair Millar
Publication Date:
03-2009
Content Type:
Working Paper
Institution:
Fourth Freedom Forum
Abstract:
This report considers civil society's role in monitoring Security System Reform (SSR) and counterterrorism both in policy and in practice. The report argues that civil society engagement, particularly with local actors, is central to ensuring proper civilian oversight and the overall effectiveness of both SSR and counterterrorism efforts and examines how efforts to engage civil society may be improved.
Topic:
Security, Civil Society, Terrorism, United Nations, and Counterinsurgency

695. Die Intervention der Vereinten Nationen in Somalia

Author:
Nils Goede
Publication Date:
05-2009
Content Type:
Working Paper
Institution:
Institute for Development and Peace
Abstract:
Der Report analysiert die Entscheidungsprozesse des Sicherheitsrats der Vereinten Nationen, die am 3. Dezember 1992 zu der Verabschiedung der Somalia‐Resolution 794 geführt haben. Fürdie Analyse wird der Multiple‐Streams‐Ansatz verwendet. Im Rahmen des Ansatzes warden Entscheidungssituationen als mehrdeutige Stimuli in Bezug auf Informationen, Ziele und Messkriterien betrachtet. Entscheidungen sind vor einem solchen Hintergrund oft weder rational begründbar, noch sind sie gezwungenermaßen linear‐kausal mit einem bestimmten Problem verbunden. Die Organisation ist stets mit einer hohen Anzahl von simultan auftretenden Problemen und Optionen konfrontiert und muss unter Zeitdruck bestimmen, welche Probleme und Handlungsoptionen auf die Agenda gesetzt werden und in welchen Themenbereichen eine Entscheidung ansteht. Lösungen werden hierbei zu einem bestimmten Zeitpunkt (künstlich) in Übereinstimmung mit Problemen und Akteuren gebracht und in eine Entscheidung transferiert. Die Untersuchung führt zu dem Ergebnis, dass die Verabschiedung der Resolution 794 weniger auf die tatsächliche Problemlage in Somalia zurückzuführen war als auf Dynamiken des amerikanischen Wahlkampfs und den stetigen Einsatz des VNGeneralsekretärs Boutros Boutros‐Ghali.
Topic:
Conflict Resolution, Political Violence, United Nations, War, and Fragile/Failed State
Political Geography:
Africa, United States, and Somalia

696. Peace Operations

Publication Date:
05-2009
Content Type:
Working Paper
Institution:
International Peace Institute
Abstract:
Major reassessments of UN peacekeeping have tended to follow in the wake of large-scale failures of peacekeeping operations. Continued violence in the eastern Democratic Republic of the Congo (DRC), the inability to mount a UN operation in Somalia, and the lack of progress in Darfur may or may not count as major failures. However, it is clear that some kind of reassessment is required.
Topic:
Conflict Prevention, Peace Studies, and United Nations
Political Geography:
Somalia

697. Building on Brahimi: Peacekeeping in an era of Strategic Uncertainty

Author:
Richard Gowan, Bruce Jones, and Jake Sherman
Publication Date:
04-2009
Content Type:
Working Paper
Institution:
Center on International Cooperation
Abstract:
The politics of peacekeeping: crisis and opportunity. United Nations peace operations face an extended and dangerous period of strategic uncertainty. A series of setbacks have coincided with military overstretch and the financial crisis, raising the risk that UN peacekeeping may contract, despite high demand.
Topic:
Security, Peace Studies, United Nations, and Financial Crisis

698. Protecting Civilians and Protecting Ideas: Institutional Challenges to the Protection of Civilians

Author:
Benjamin de Carvalho and Jon Harald Sande Lie
Publication Date:
07-2009
Content Type:
Working Paper
Institution:
Norwegian Institute of International Affairs
Abstract:
Although the Protection of Civilians (PoC) today is largely embedded in the UN system as a whole, there are a number of issues still critical to address at the institutional level for the PoC to inform a shared culture of protection effectively. These include addressing the extent to which preparations for civilian protection are an integral component of mission planning, and whether protection activities are part of the mission's mandate per se or a mere part of its many tasks. Also of key concern is the extent to which operational capacity is achieved and designed to enhance protection.
Topic:
Security, Civil Society, Human Rights, and United Nations

699. The Responsibility to Protect: Three Pillars and Four Crimes

Author:
Heraldo Muñoz
Publication Date:
08-2009
Content Type:
Working Paper
Institution:
Human Rights Human Welfare (University of Denver)
Abstract:
The adoption of the concept of “Responsibility to Protect” (RtoP) by the Heads of State and Government in the September 2005 United Nations World Summit was a historic landmark which has generated great attention as a potentially powerful instrument to impede humanitarian tragedies. Yet much has been missing, or misinterpreted, in the public discussion of this emerging norm. Some fear that RtoP could be abused by powerful countries to intervene in developing nations alleging altruistic motives, while others believe that RtoP is already a rule of customary international law that should be applied unconditionally and without delay in the face of any humanitarian crisis in the world. To make it workable in real life, the concept must be saved from friends and foes by narrowing its focus and turning RtoP as operational as possible so as to effectively implement it, in line with what global leaders decided in 2005.
Topic:
Government, Human Rights, and United Nations

700. Close Encounters of a Sovereign Kind

Author:
Dino Kritsiotis
Publication Date:
04-2009
Content Type:
Journal Article
Abstract:
This article considers the prominence that threats of force have had in international political life since the end of the Cold War, and how we tend to overlook these threats in favour of the actual uses of force. Security Council Resolution 678 of November 1990 is one such example. Emblematic of the rule of law and its New World Order, it is often invoked for the 'authorisation' it gave to Member States of the United Nations 'co-operating with the Government of Kuwait ... to use all necessary means to uphold and implement resolution 660 (1990) and all subsequent resolutions and to restore international peace and security in the area' - but this provision was made contingent upon whether 'Iraq on or before 15 January 1991 fully implements [previous] resolutions'. We examine the range of circumstances in which threats of force have arisen and find that these go beyond the archetypal 'close encounter' between states - such as the Cuban Missile Crisis of 1962 and the 'threats of force' directed against Iraq prior to Operation Desert Fox (1998) and Operation Iraqi Freedom (2003). Making use of the jurisprudence of the International Court of Justice from its Nuclear Weapons advisory opinion (1996), we advance the idea of a prohibition of the application of force, and consider the logistics of its operation in state practice; first, in the recent relations between the United States and Iran and, then, through a modern reprise of the facts of the Corfu Channel Case of April 1949. We allude to the importance of the legislative background and purpose behind this prohibition, constantly reflecting upon the intricacies of state relations in which this provision of the United Nations Charter seeks to make its mark.
Topic:
Security, Cold War, Government, and United Nations
Political Geography:
United States, Iraq, and Kuwait