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1. The International Criminal Court's Provisional Authority to Coerce

Author:
Antonio Franceschet
Publication Date:
04-2012
Content Type:
Journal Article
Institution:
Carnegie Council
Abstract:
The United Nations ad hoc tribunals in the former Yugoslavia and Rwanda had primacy over national judicial agents for crimes committed in these countries during the most notorious civil wars and genocide of the 1990s. The UN Charter granted the Security Council the right to establish a tribunal for Yugoslavia in the context of ongoing civil war and against the will of recalcitrant national agents. The Council used that same right to punish individuals responsible for a genocide that it failed earlier to prevent in Rwanda. In both cases the Council delegated a portion of its coercive title to independent tribunal agents, thereby overriding the default locus of punishment in the world order: sovereign states.
Topic:
Genocide
Political Geography:
Yugoslavia, United Nations, and Lower Dir

2. The new politics of protection? Côte d'Ivoire, Libya and the responsibility to protect

Author:
Alex J Bellamy and Paul D Williams
Publication Date:
07-2011
Content Type:
Journal Article
Institution:
Chatham House
Abstract:
The international responses to recent crises in Côte d'Ivoire and Libya reveal a great deal about the UN Security Council's approach to human protection. The Council has long authorized peacekeepers to use 'all necessary means' to protect civilians, in contexts including Haiti, the Democratic Republic of Congo (DRC), Sudan, Liberia, Sierra Leone, Burundi and Côte d'Ivoire. But Resolution 1973 (17 March 2011) on the situation in Libya marked the first time the Council had authorized the use of force for human protection purposes against the wishes of a functioning state. The closest it had come to crossing this line previously was in Resolutions 794 (1992) and 929 (1994). In Resolution 794, the Council authorized the Unified Task Force to enter Somalia to ease the humanitarian crisis there, but this was in the absence of a central government rather than against one—a point made at the time by several Council members. In Resolution 929 (1994), the Security Council authorized the French-led Operation Turquoise to protect victims and targets of the genocide then under way in Rwanda; this mission enjoyed the consent of the interim government in Rwanda as well as its armed forces. In passing Resolution 1973, the Council showed that it will not be inhibited as a matter of principle from authorizing enforcement for protection purposes by the absence of host state consent. Although its response in Libya broke new ground, it grew out of attitudes and processes evident well before this particular crisis. Most notably, the Council had already accepted—in Resolutions 1674 (2006) and 1894 (2009)—that it had a responsibility to protect civilians from grave crimes, and this was evident in a shift in the terms of its debates from questions about whether to act to protect civilians to questions about how to engage.
Topic:
Security, Government, and Politics
Political Geography:
Paris, Libya, United Nations, Balkans, Netherlands, Rwanda, Alabama, Ninewa, and Lower Dir

3. COIN in Peace-building: Case Study of the 2009 Malakand Operation

Author:
Nadeem Ahmed
Publication Date:
09-2011
Content Type:
Journal Article
Journal:
PRISM
Institution:
Institute for National Strategic Studies (INSS), National Defense University
Abstract:
Since 2007, Islamic militants and law enforcement agencies have remained locked in a sporadic tussle for control in the Malakand Division of Pakistan. The division is located in the northern part of Khyber-Pakhtunkhwa Province and borders the Federally Administered Tribal Areas (FATA). It consists of the districts of Upper Dir, Lower Dir, Swat, Shangla, and Buner. An increased influx of radical elements from across the border and from other parts of the country resulted in the strengthening of informal miscreants' networks and fundamentalist actors, ultimately resulting in the creation of a parallel state structure. Rapprochement and efforts of reconciliation between these groups and Pakistan government authorities continued for nearly 2 years, resulting in the Nizam-e-Adl Regulation of 2009, which conceded to the demand for the implementation of Sharia law in the entire division. However, within the space of 1 month, a failure on the part of the Islamist groups to maintain their end of the bargain, and their growing expansionary tendencies, resulted in the government deciding to intervene, using the army to conduct a rapid law enforcement operation with the goal of reestablishing the writ of formal state institutions.
Political Geography:
Pakistan, Khyber-Pakhtunkhwa, Republika Srpska, Lower Dir, Malakand, Shangla, Buner, and Upper Dir