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11. Defining Down Sovereignty: The Rights and Responsibilities of Nations

Author:
Amitai Etzioni
Publication Date:
03-2016
Content Type:
Journal Article
Institution:
Carnegie Council
Abstract:
Defining down sovereignty" refers to the normative thesis that sovereignty should not grant a state absolute protection against armed intervention in its internal affairs by other states, and that instead the international community should condition such immunity on states living up to particular standards. This essay suggests two modifications to this thesis. First, the international community should spell out the kinds of failures to protect civilians that can justify armed interventions by other states, as well as which agency has the authority to determine when such failures have occurred. In other words, the international community should determine how low to set the bar for intervention, and who makes the rules. Second, the international community needs to establish an additional international responsibility, namely, a responsibility to prevent international terrorism. The essay treats both of these modifications as shared international normative understandings; it does not attempt to translate these changes into international law.
Topic:
Sovereignty, Terrorism, Leadership, State Building, and Armed Conflict
Political Geography:
Global Focus

12. Addressing Child Protection in Conflict Mediation

Author:
Liechtenstein Institute on Self-Determination
Publication Date:
07-2015
Content Type:
Working Paper
Institution:
Liechtenstein Institute on Self-Determination, Princeton University
Abstract:
The Liechtenstein Institute on Self-Determination at Princeton University and the non-governmental organization Watchlist on Children and Armed Conflict, with support from the Permanent Mission of Liechtenstein to the United Nations, convened a workshop, “Addressing Child Protection in Conflict Mediation: Charting a Way Forward,” on July 15, 2014, at the Princeton Club of New York. The workshop brought together representatives of United Nations member states, including members of the Security Council, United Nations Offices including the Office of the Special Representative of the Secretary-General for Children and Armed Conflict (SRSG-CAAC), Department of Political Affairs (DPA), Department for Peacekeeping Operations (DPKO), Office for the Coordination of Humanitarian Affairs (OCHA) and the United Nations Children’s Fund (UNICEF), NGOs, and academics to discuss specific strategies and concrete actions that can be taken to promote child protection in peace processes.
Topic:
United Nations, Children, Peace, Mediation, and Armed Conflict
Political Geography:
Global Focus

13. State Responsibility for Non-State Actors That Detain In The Course of a NIAC

Author:
Emily Chertoff, Lara Dominguez, Zak Manfriedi, and Peter Tzeng
Publication Date:
12-2015
Content Type:
Working Paper
Institution:
Center for Global Legal Challenges, Yale Law School
Abstract:
This white paper addresses three questions that arise when a non-state actor that is receiving assistance from a state actor in a non-international armed conflict engages in detention activities: (1) Under international law, when does a non-state actor have the authority to detain individuals captured in the course of a non-international armed conflict? (2) When does a state providing assistance to a non-state actor become responsible under international law for the non- state actor’s actions? (3) Assuming such responsibility exists, what actions must the state take if it believes the non-state actor may engage in human rights abuses or violations of the law of armed conflict? In response to the first question, neither the Geneva Conventions nor customary international humanitarian law provides a legal basis for non-state actors to detain captured individuals in non-international armed conflicts. However, international humanitarian law also does not expressly prohibit non-state actors from detaining individuals. Instead, it regulates the conditions of detention. If non-state actors comply with Common Article 3 of the Geneva Conventions and relevant provisions of the Second Additional Protocol, detention by armed groups in non-international armed conflict does not violate an explicit provision of international humanitarian law. As long as detention is not arbitrary, internment by non-state actors is also unlikely to constitute the war crime of unlawful confinement. In response to the second question, under agency-based theories of the state responsibility doctrine, actions of non-state actors may be directly attributed to the state if (1) the state exercises either strict or overall control over the non-state actor such that the group operates as a de jure or de facto state organ or (2) the state exercises effective control over a specific operation undertaken by the non-state actor. Additionally, to the extent Common Article 1 requires states to ensure that all parties to an armed conflict respect the Geneva Conventions, it may create an alternative and additional source of state liability for the actions of non-state actors. Finally, in response to the third question, this white paper recommends a series of ex ante and ex post measures states can adopt when engaging with a non-state actor. These include, vetting, training, acquiring written agreements, providing punishment frameworks, and ceasing support when actors commit violations of IHL. Since existing jurisprudence does not contemplate mitigation of state responsibility for the conduct of non-state actors, it is difficult to assess to what extent any of the proposed measures would limit the state’s liability. Nevertheless, states adopting these recommendations will both make violations less likely and be more likely to discharge their duties under international humanitarian and human rights law. By taking ex ante measures designed to prevent violations and creating ex post incentives for non-state partners to comply with IHL norms, states reduce the risk armed groups will engage in detention practices that violate international law.
Topic:
International Law, Non State Actors, Humanitarian Intervention, and Armed Conflict
Political Geography:
Global Focus

14. Strengthening Implementation of the UN's Children and Armed Conflict Agenda

Author:
Liechtenstein Institute on Self-Determination
Publication Date:
02-2014
Content Type:
Working Paper
Institution:
Liechtenstein Institute on Self-Determination, Princeton University
Abstract:
on Children and Armed Conflict, and the Permanent Mission of Liechtenstein to the United Nations, convened a workshop, “Strengthening Implementation of the UN's Children and Armed Conflict Agenda,” on December 12-13, 2013, at Princeton University. The workshop brought together representatives of United Nations member states, members of the Security Council, United Nations offices, representatives of NGOs, and academics to discuss strengthening Security Council action toward perpetrators of violations against children in situations of armed conflict. The workshop produced recommendations for action to the Security Council and its Working Group on Children and Armed Conflict, the Secretary-General and his Special Representative for Children and Armed Conflict, UN member states, regional and subregional organizations and arrangements, and donors.
Topic:
International Cooperation, United Nations, Children, and Armed Conflict
Political Geography:
Global Focus

15. Promotion and Protection of the Rights of Children

Author:
Liechtenstein Institute on Self-Determination
Publication Date:
02-2014
Content Type:
Working Paper
Institution:
Liechtenstein Institute on Self-Determination, Princeton University
Abstract:
The report discusses specific, concrete, and targeted actions that can be taken within the framework of the UN’s Children and Armed Conflict agenda to put an end to and to prevent the recruitment and use of children by state actors and non-state armed groups, as well as to end and to prevent other grave violations against children. Recommendations in the report focus support mechanisms for the campaign to end the recruitment and use of children by government security forces by 2016; the role of partnerships in promoting the children and armed conflict agenda; and addressing other grave violations committed against children in situations of armed conflict, specifically attacks on schools and hospitals. The report also provides targeted recommendations for action to the Security Council and its Working Group on Children and Armed Conflict, the Secretary-General and his Special Representative for Children and Armed Conflict, UN member states, regional and subregional organizations and arrangements, and donors. The report is the result of a workshop convened at Princeton University in December 2013 by the Liechtenstein Institute on Self-Determination, Watchlist on Children and Armed Conflict, and the Permanent Mission of Liechtenstein to the UN.
Topic:
Security, United Nations, Children, and Armed Conflict
Political Geography:
Global Focus