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411. Know Your Enemy: An Overview of Organized Crime Threat Assessments

Author:
Mark Shaw
Publication Date:
10-2011
Content Type:
Policy Brief
Institution:
International Peace Institute
Abstract:
There is increasing awareness within police forces and international organizations that organized crime is a growing threat to security. However, due to a lack of data and insufficient knowledge about illicit activities, criminal justice experts are often left chasing shadows. To rectify this problem, more attention has been devoted to developing and using organized crime threat assessments in recent years, particularly for use in vulnerable states that are less resistant to infiltration by criminals. This paper briefly considers the history of organized crime threat assessments, the process in which they have been produced and used, and criticisms that have been leveled against them. Finally, it considers their applicability to fragile and postconflict countries and the kind of requirements that would need to be fulfilled for threat assessments to be an effective tool against organized crime in such contexts.
Topic:
Security, Crime, International Law, and International Affairs

412. Multilateral Political Missions and Preventive Diplomacy

Author:
Richard Gowan
Publication Date:
12-2011
Content Type:
Working Paper
Institution:
United States Institute of Peace
Abstract:
Multilateral political missions—teams of primarily civilian experts deployed by international and regional organizations with medium- to long-term mandates—play an overlooked role in preventing conflicts in fragile states. Their roles range from addressing long-term tensions to facilitating agreements to quelling escalating violence. More than six thousand personnel are deployed in political missions worldwide. The United Nations and the Organization for Security and Co-operation in Europe oversee the majority of these missions. Although many political missions deal with active conflicts or post conflict situations, some have contributed to conflict prevention in countries ranging from Estonia to Guinea. In the right circumstances, multilateral missions can provide expertise and impartial assistance that national diplomats—whether ambassadors or special envoys—cannot. The activities of political missions include short-term preventive diplomacy, the promotion of the rule of law, and the provision of advice on socioeconomic issues. Some are also involved in monitoring human rights and the implementation of political agreements. Others have regional mandates allowing them to address multiple potential conflicts. A political mission's role differs depending on how far a potential conflict has evolved. In cases where latent tensions threaten long-term stability, a mission can focus on social and legal mechanisms to reduce the risk of escalation. Where a conflict is already escalating, a mission can become directly involved in mediating a peaceful resolution. Even where a conflict tips into full-scale war, a political mission may assist in mitigating violence or keeping political channels open. To strengthen political missions, the United States and its partners should work with the UN Secretariat to revise the rules governing the planning, funding, and start-up processes for political missions and overhaul U.N. personnel rules to make recruiting civilian experts easier. They should also encourage regional organizations to invest more in this type of conflict management tool.
Topic:
Conflict Resolution, Conflict Prevention, Diplomacy, Economics, International Cooperation, International Law, and United Nations
Political Geography:
United States

413. 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

414. The Use of Combat Drones in Current Conflicts – A Legal Issue or a Political Problem?

Author:
Sebastian Wuschka
Publication Date:
12-2011
Content Type:
Journal Article
Journal:
The Goettingen Journal of International Law
Institution:
The Goettingen Journal of International Law
Abstract:
The regulation of the employment of combat drones in current conflicts is a central issue of recent discussions in international law. Contrary to misinterpretations in the media, this article claims that the legal framework regarding today's drone systems is settled. The author first provides an assessment of unmanned combat drones as a new technology from the perspective of international law. He then proceeds to the vital point of the legality of targeted killings with remotely operated drones. Further, he discusses the preconditions for applicability of humanitarian law and human rights law to such operations. In conclusion, the author holds the view that the legal evaluation of drone killings depends on the execution of each specific strike. Assuming that targeted killings with drones will generally only be legal under the law of armed conflict, states might be further tempted to label their struggle against terrorism as 'war'.
Topic:
International Law and Terrorism
Political Geography:
United States

415. 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

416. General Principles and Comparative Law

Author:
Jaye Ellis
Publication Date:
11-2011
Content Type:
Journal Article
Abstract:
This article explores the source 'general principles of international law' from the point of view of comparative law scholarship. The currently accepted definition of general principles and methodology for identifying such principles are critiqued. The criterion of the representativeness of the major families of legal systems, to which courts and tribunals tend to pay lip service rather than applying rigorously, is meant to anchor general principles in state consent, but is not a sound technique either for identifying principles of relevance to international law or for preventing judges from referring only to the legal systems they know best. Further - more, the emphasis on extracting the essence of rules results in leaving behind most of what is interesting and useful in what judges may have learned by studying municipal legal systems. Comparative scholarship is an obvious, rich, and strangely neglected source of guidance for international judges who wish to draw insights from legal systems outside international law.
Topic:
Human Rights and International Law
Political Geography:
Sri Lanka

417. General/Particular International Law and Primary/Secondary Rules: Unitary Terminology of a Fragmented System

Author:
Anastasios Gourgourinis
Publication Date:
11-2011
Content Type:
Journal Article
Abstract:
This article takes issue with certain fundamental aspects of the fragmentation analysis by addressing the normative underpinnings of the proposition that international law is structured as a legal system. To this end, focus is had on the unitary character of the general/particular international law and primary/secondary rules terminology, as normative differentiations to the international legal system (the 'whole'), by virtue of the residual (default) applicability of the sets of norms they denote. Ergo, on the one hand, the doubts expressed by the ILC Study Group on Fragmentation concerning the allegedly obscure meaning and scope of the term 'general international law' are dispelled by demonstrating that the term indeed signifies the set of international legal norms binding erga omnes; on the other, the article elaborates on the crucial role of the distinction between primary and secondary norms for the proper operation of lex specialis, focal to the fragmentation analysis. Overall, the pertinence of the general/particular international law and primary/ secondary norms termini technici in international adjudication supports the view that the international legal system is indeed equipped with the proper normative tools to cope with the challenges set by fragmentation.
Topic:
International Law

418. New Research on Transitional Justice

Publication Date:
02-2011
Content Type:
Video
Institution:
The Harriman Institute
Abstract:
Participants: Aryeh Neier (Founder, Human Rights Watch and President, Open Society Institute), Monika Nalepa (Political Science Department, Notre Dame University), Lara Nettelfield (Post-Doctoral Fellow, Harriman Institute, Columbia University), Tina Rosenberg (Pulitzer Prize-winning author of The Haunted Land: Facing Europe\'s Ghosts after Communism), Ruti Teitel (Ernst C. Stiefel Professor of Comparative Law, and Associate Director, Center for International Law, New York Law School, and Visiting Professor, London School of Economics), and Leslie Vinjamuri (School of Oriental and African Studies, University of London). This event is part of the "Human Rights in the Post-Communist World: Strategies and Outcomes " series (Harriman Core Project 2010-2011).
Topic:
Human Rights, Human Welfare, International Law, Post Colonialism, and Law
Political Geography:
Africa, New York, and Europe

419. Bay of Bengal: ITLOS' first ruling in favour of Bangladesh

Author:
Jalila Abdul Jalil
Publication Date:
05-2011
Content Type:
Policy Brief
Institution:
Maritime Institute of Malaysia
Abstract:
Wednesday, 14th March 2012, marked an important date when the International Tribunal for the Law of the Sea (ITLOS) delivered its judgment on a maritime boundary delimitation dispute between Bangladesh and Myanmar in the Bay of Bengal. The ruling, by a vote of 21 to 1, awarded Bangladesh territorial and full 200 nautical miles (nm) economic rights as well as a substantial share of the outer continental shelf beyond 200 nm. The Tribunal also awarded a full 12 nm territorial sea around St. Martin's Island to Bangladesh. The conclusion of the dispute now opens up opportunities for exploration and exploitation of petroleum and natural gas in the bay.
Topic:
Economics, International Law, International Trade and Finance, Maritime Commerce, and Territorial Disputes
Political Geography:
Bangladesh, South Asia, Island, Southeast Asia, and Myanmar

420. Troubled Waters? Seeking a New Maritime Order in East Asia

Author:
Min Gyo Koo
Publication Date:
08-2011
Content Type:
Working Paper
Institution:
East Asia Institute (EAI)
Abstract:
Without a doubt, the most heated and persistent maritime disputes in the world are in the East Asia region. The vast bodies of water included in this region are the Northwest Pacific, the East Sea, the West Sea, the East China Sea, and the South China Sea. The diplomatic spat in the fall of 2010 between China and Japan over the Senkaku/Diaoyu Islands in the East China Sea was a strong indication that any mishandling of maritime issues can disrupt the subtle balance of power and interests in the region. Equally problematic are the disputes in the South China Sea, where China’s growing assertiveness has provoked concern among not only its Southeast Asian neighbors but also with the United States. Since the end of the Cold War, the United States has been the main provider of maritime security in the East Asia region but now faces the challenge of a rising China. In May 2011, a Chinese patrol boat cut the cable of a Vietnamese petroleum and gas probe vessel in the South China Sea. From this incident, tensions escalated to the brink of armed conflict. As countries in the region participate in tit-for-tat military exercises, the atmosphere has become worse. Under such conditions, many considered that the South China Sea issue, tangled with conflicts between China and ASEAN and the United States could flare up significantly. However at the 18th ASEAN Regional Forum (ARF) held from July 22-23 2011 a new perspective developed as China stated that “the importance of the freedom of navigation in the South China Sea is clear and all countries should be beneficiaries of such freedom.” Furthermore, during the China-ASEAN ministerial of the 2011 ARF Beijing stepped back by adopting the guidelines for the implementation of the Declaration on the Conduct of Parties in the South China Sea, which was agreed upon in 2002. Washington welcomed this move as it suggested an effort to decrease tensions with respect to the South China Sea. This is in stark contrast to the 2010 ARF meeting where confrontations arose between the United States and China with U.S. Secretary of State Hillary Clinton stating “a peaceful resolution of the South China Sea conflict directly relates to U.S. national interest.” From such developments, one can assess that the ARF has made important progress with respect to the South China Sea issue. However, the 2002 Declaration of Conduct that establishes the principle for peaceful resolution of maritime disputes in line with the United Nations Convention on the Law of the Sea (UNCLOS) lacks binding capacities and the newly adopted guidelines are mostly declaratory and lack specific details. Thus it would be too soon to consider the 2011 ARF meeting as a success with respect to the South China Sea dispute. Considering that China tends to use such multilateral channels as a ground for making peace but then is more forceful in its bilateral relations, the outcome of the recent ARF meeting could come to have less significance than expected.
Topic:
Security, International Law, Maritime Commerce, and Maritime
Political Geography:
China, Asia, South China Sea, and ASEAN