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1. International responses to the Rohingya crisis in Myanmar: From political inaction to growing legal pressure

Author:
Katja Creutz
Publication Date:
05-2020
Content Type:
Working Paper
Institution:
Finnish Institute of International Affairs
Abstract:
In December 2019, Myanmar defended itself before the International Court of Justice against genocide charges for the atrocities committed in 2016–2017 against the Rohingya Muslims. The Rohingya crisis has driven several hundreds of thousands of the Rohingya as refugees into neighbouring Bangladesh with an unsettled future. In addition, questions of perpetrator accountability remain open. The UN Human Rights Council created a fact-finding mission and an international investigative mechanism for the purpose of bringing the individuals responsible to justice. With Western states generally condemning Myanmar’s actions, China’s influence in and over Myanmar has intensified, as the country has blocked robust action before the UN Security Council, leading to charges of political inaction. There is growing legal pressure against Myanmar at the national and international level, forcing it to respond. While accountability proceedings are important, problems may emerge when several courts deal with the same situation. Their capacity to provide immediate relief in relation to the crisis is also small.
Topic:
Genocide, United Nations, International Court of Justice (ICJ), and Humanitarian Crisis
Political Geography:
Myanmar

2. China’s responsibility for the Covid-19 pandemic: An international law perspective

Author:
Katja Creutz
Publication Date:
06-2020
Content Type:
Working Paper
Institution:
Finnish Institute of International Affairs
Abstract:
The coronavirus pandemic has roiled international relations. The huge global toll of the pandemic, both in terms of deaths and economic implications, has raised the question of Chinese responsibility. This Working Paper analyzes China’s responsibility for Covid-19 under international law. In order for state responsibility to arise, China must have committed an internationally wrongful act. The conduct must be attributable to China and must constitute a breach of its international obligations. An analysis of the timeframe concerning the main measures undertaken by Chinese authorities at different government levels shows a lag in reporting the outbreak to WHO according to the International Health Regulations. Hence, there appears to be a case for injured states to invoke China’s responsibility. The prospects for implementation are nevertheless bleak. A tacit understanding seems to prevail among states not to pursue the spread of pathogens in terms of legal responsibility or litigation. Whether major power rivalry or the enormous costs of the pandemic will change this non-confrontational tradition of dealing with pathogens remains to be seen.
Topic:
Leadership, Public Health, Pandemic, and COVID-19
Political Geography:
China and Asia

3. Taking stock of the UN at 75: Highs and lows in the shadow of great-power competition

Author:
Katja Creutz
Publication Date:
10-2020
Content Type:
Working Paper
Institution:
Finnish Institute of International Affairs
Abstract:
The UN has achieved its aims with variable results. Thus far, the world has been spared another devastating world war, but the UN is now expected to address varied existential threats. Without real commitment to multilateralism on the part of major powers, the organization faces a grim future.
Topic:
International Cooperation, United Nations, and Multilateralism
Political Geography:
Global Focus

4. The changing global order and its implications for the EU

Author:
Katja Creutz, Tuomas Iso-Markku, Teija Tilikainen, and Kristi Raik
Publication Date:
03-2019
Content Type:
Working Paper
Institution:
Finnish Institute of International Affairs
Abstract:
The forms of global political transition contradict each other. The Western leadership of the world seems to be in decline, with the US political and military hegemony being challenged by the rise of China and other emerging powers and with global power structures evolving towards multipolarity. At the same time, however, there are increasing signs of a diffusion of state power. It involves a growing group of non-state actors challenging state power in very different forms and different capacities. This report focuses on the axis of state power considered the most important in terms of its global implications: the relationship between the US and China. This relationship is studied with the aim of assessing how the mutual interdependencies are evolving, and what the goals of the two actors look like in respect of their own global role. The im¬plications of this power transition in the key fields of global governance – also covering the simultaneous diffusion of power to non-state actors – forms another relevant topic under review in the global context. Lastly, the report analyses how the EU contends with these forms of power transition and safeguards its own influence in this changing environment. The project also addresses the international role and influence of one of the northernmost EU members, Finland. It investigates how the changes in the global and regional setting should be understood from the Finnish point of view and how Finland should act in order to consolidate its international role in economic as well as political terms.
Topic:
Power Politics, Non State Actors, Hegemony, Leadership, and Liberal Order
Political Geography:
United States, China, Asia, and North America

5. China’s challenge to human rights: Increased proactivity may weaken the UN human rights system

Author:
Katja Creutz
Publication Date:
05-2019
Content Type:
Working Paper
Institution:
Finnish Institute of International Affairs
Abstract:
China has raised its stakes in human rights governance. It has systematically sought to remove human rights from the centre of the international order by launching alternative human rights concepts, blocking human rights financing at the UN, and hindering civil society involvement in human rights scrutiny. China’s approach to human rights is not only guided by past experiences of humiliation and the idea of developmentalism, but first and foremost by the desire to secure the existing political system and its leadership. The alternative design for human rights is built around consensual cooperation rather than hard legal obligations and international scrutiny. It promotes dialogue and capacity-building instead of practices such as naming and shaming. States supportive of human rights should respond to Chinese efforts in the Human Rights Council as well as within the UN more broadly. This can be done by raising awareness of the systematic attack on human rights, increasing knowledge about Chinese foreign policy objectives, and by creating practices that help to achieve common stances.
Topic:
Civil Society, Human Rights, United Nations, and Humanitarian Crisis
Political Geography:
China and Asia

6. Balancing targeted sanctions: Effectiveness through a climate of legality

Author:
Katja Creutz
Publication Date:
02-2015
Content Type:
Policy Brief
Institution:
Finnish Institute of International Affairs
Abstract:
Targeted sanctions are political acts that infringe upon the enjoyment of fundamental rights by designated individuals and entities, especially the rights of defence and the right to an effective remedy. Increasing international attention has therefore been paid to the legal implications of targeted sanctions. Targeted sanctions must meet basic standards of fair and clear procedures not only to guarantee the rights of individuals, but also in order to be a credible and effective foreign policy tool. To date, concerns over fair treatment have been addressed in a fragmented and piecemeal way. Judicial review before European courts has provided an important incentive for change, especially for the creation of the office of the UN Ombudsperson. A holistic approach should be developed, which not only emphasizes retrospective review of sanctions, but would also address concerns in the initial phase of their adoption. Increased attention should be paid to the use of confidential information and the right of designated individuals to receive information. Efforts to strengthen legality aspects in the use of targeted sanctions must take account of the circumstances in which these measures are taken. Concerns for international peace and security, and especially for the authority of the Security Council, must be balanced against the protection of fundamental rights.
Political Geography:
Europe

7. 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