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1. R2P Monitor, Issue 55, 15 January 2021

Author:
Global Centre for the Responsibility to Protect
Publication Date:
01-2021
Content Type:
Special Report
Institution:
The Global Centre for the Responsibility to Protect
Abstract:
R2P Monitor is a bimonthly bulletin applying the atrocity prevention lens to populations at risk of mass atrocities around the world. Issue 55 looks at developments in Afghanistan, Cameroon, the Central Sahel (Burkina Faso, Mali and Niger), China, Democratic Republic of the Congo, Syria, Venezuela, Yemen, Central African Republic, Ethiopia, Mozambique, Myanmar (Burma), Nigeria and South Sudan.
Topic:
International Law, Responsibility to Protect (R2P), and Atrocities
Political Geography:
Afghanistan, China, Yemen, Democratic Republic of the Congo, Mozambique, Syria, Venezuela, Ethiopia, Nigeria, Mali, Myanmar, South Sudan, Cameroon, Sahel, Central African Republic, Global Focus, Niger, and Burkina Faso

2. China’s Growing Engagement with the UNDS as an Emerging Nation: Changing Rationales, Funding Preferences and Future Trends

Author:
Mao Ruipeng
Publication Date:
01-2020
Content Type:
Special Report
Institution:
German Development Institute (DIE)
Abstract:
As China deepens its engagement in global governance and development, its strategic motivation and rising influence within the UN and on international rules and norms are attracting the world’s attention. This paper focuses on China’s engagement with the UNDS, specifically Chinese funding and allocation decisions. China’s UNDS funding has risen rapidly since 2008 and even accelerated in 2013. Between 2013 and 2017, Chinese funding (excluding local resources) grew at an annual average rate of 33.8 per cent. In 2017, its total contribution reached USD 325.869 million. China’s shares of core funding and assessed contribution in its total UNDS funding are much higher than traditional donor countries. However, the share of non-core funding has also jumped. While China tends to mostly provide funds for UNDS development projects, in recent years it has also been hiking funding for humanitarian assistance. This paper also examines three cases of China’s earmarked funding – to the UNDP and the WFP, which receive the largest share of its UNDS funds, as well as for UNPDF operations, which count as a voluntary contribution. There are several reasons for China’s growing engagement with the UNDS, from evolving perception of foreign aid and appreciating the UN’s multilateral assets to fostering the reputation of “responsible great nation” and pushing forward the Belt and Road Initiative (BRI) through cooperation with the UNDS. In general, China continues to integrate into the global development system, and can be expected to maintain its support for the UN and continue to contribute to the UNDS.
Topic:
Development, International Law, United Nations, Belt and Road Initiative (BRI), and Norms
Political Geography:
China and Global

3. Court of Justice of the EU Ruling on Products from Territories Occupied by Israel

Author:
Michał Wojnarowicz and Szymon Zaręba
Publication Date:
01-2020
Content Type:
Special Report
Institution:
The Polish Institute of International Affairs
Abstract:
On 12 November 2019, the Court of Justice of the EU (CJEU) issued a judgment on products from Jewish settlements in the Israeli-occupied West Bank and Golan Heights. It states that EU members are required to ensure that the origin is properly marked. The implementation of this requirement may cause disputes in the EU because of differences in Member States’ policies towards Israel. Tensions in relations with the U.S. are also possible, especially in the context of that country’s recent change in policy favouring the Israeli position on settlements. Hence, it is advisable for the EU to develop a uniform policy regarding imports and labelling of products from all occupied territories.
Topic:
International Law, Territorial Disputes, European Union, Occupation, Judiciary, and Trade
Political Geography:
Europe, Middle East, Israel, Palestine, North America, United States of America, West Bank, and Golan Heights

4. Libya Agreement’s Impact on Italy’s Migration Policy

Author:
Katarzyna Michalska and Małgorzata Pawłowska
Publication Date:
02-2020
Content Type:
Special Report
Institution:
The Polish Institute of International Affairs
Abstract:
The migration agreement concluded in 2017 between Italy and Libya helped stem the refugee and mass-migration crisis. The agreement, with minor amendments, was extended on 4 November 2019 until the end of 2021. However, its implementation has resulted in human rights violations, which is contrary to EU values and law. Italy will not quit the deal because it views it as an effective instrument for reducing irregular migration.
Topic:
Human Rights, International Law, Migration, Treaties and Agreements, and Refugees
Political Geography:
Europe, Libya, North Africa, and Italy

5. The Syrian Safe Zone and International Law

Author:
Bríd Ní Ghráinne
Publication Date:
01-2020
Content Type:
Policy Brief
Institution:
Institute of International Relations Prague
Abstract:
On Wednesday 9 October 2019, Turkey launched a cross-border operation in Northern Syria. Turkey justified its actions as a response to an ‘imminent terrorist threat’ from Kurdish-led forces. Its operation was directed at pushing back these groups from its border and creating a ‘safe zone’ in Syria where up to two million Syrian refugees can be resettled. This reflection aims to assess whether the Turkish operation to establish the safe zone was lawful; and whether the resettlement of Syrian refugees in the safe zone is in conformity with international law.
Topic:
Human Rights, International Law, Refugees, Syrian War, and Humanitarian Crisis
Political Geography:
Turkey, Middle East, and Syria

6. The Role of International Seabed Authority with Respect to the Administration of Mineral Resources

Author:
Şûle Anlar Güneş
Publication Date:
03-2020
Content Type:
Journal Article
Journal:
Uluslararasi Iliskiler
Institution:
International Relations Council of Turkey (UİK-IRCT)
Abstract:
Deep ocean floor called as Area is considered as Common Heritage of Mankind (CHM) and the mining activities are managed by International Seabed Authority (ISA). In this article, firstly, the significance of the CHM concept with respect to decolonised states and its impact on law of the sea is elaborated. Secondly, the mandate of ISA which assumed responsibility for the translation of the CHM concept into practice is examined. Every state can take part in mining activities in the Area as a ‘sponsor state’ but the lack of precision with respect to responsibility limits have a deterrent effect over the states that are disadvantaged technically and financially. Considering the negative impact of this issue over the CHM concept the Advisory Opinion of the International Tribunal for Law of the Sea that was given in 2011 is examined.
Topic:
International Law, United Nations, Natural Resources, Law of the Sea, Maritime, and Mining
Political Geography:
Turkey, Middle East, and Global Focus

7. Sudan: What Options for Omar Al-Bashir's Trial?

Author:
Chantal Meloni
Publication Date:
05-2020
Content Type:
Commentary and Analysis
Institution:
Italian Institute for International Political Studies (ISPI)
Abstract:
For the past 15 years the figure of Omar al-Bashir, the former president of Sudan, has epitomized the struggle of the International Criminal Court (ICC) to fulfill its mandate, i.e. to end impunity for the worst crimes of concern to the international community as a whole. In 2005, the former ICC Prosecutor – Luis Moreno Ocampo - had promptly opened an investigation into the atrocities committed in Darfur after receiving a referral by the United Nations Security Council (Resolution n. 1593 of 2005), which permitted the Court to affirm its jurisdiction over Sudan, not a state party to the ICC. In the context of this investigation, two warrants of arrest were issued against al-Bashir, in 2009 and 2010, for the most serious crimes, including war crimes, crimes against humanity and even charges of genocide. It is estimated that over 300,000 people were killed and 2.7 million forced to flee their homes in Darfur as a result of military campaigns led by the Sudanese army and pro-government militias against ethnic minorities since 2003.
Topic:
Genocide, International Law, International Criminal Court (ICC), and Omar al-Bashir
Political Geography:
Africa and Sudan

8. Pandora’s Box in Syria: Anticipating negative externalities of a re-entrenching regime

Author:
Samar Batrawi
Publication Date:
05-2020
Content Type:
Special Report
Institution:
Clingendael Netherlands Institute of International Relations
Abstract:
During 2019, the original Syrian conflict entered its closing phases, except for the battlefields of Idlib and in the north east. As a result, conflict dynamics have become somewhat easier to read, as the regime and its key allies have shifted towards a triumphalist ‘post-war’ narrative and corresponding governance styles, deal-making and decision-making. These developments can be witnessed in three interlinked spheres: security, civil, and political economic practices. Together, they largely form the Assad regime’s political economy, which – although poorly understood due to limited access – is crucial to understand to assess the negative externalities likely to result from its wartime survival and re-entrenchment. The paper analyses six such externalities: 1. risk of conflict relapse due to economic pressures 2. the politics of refugees 3. risks and instrumentalisation of terrorism 4. regional instability 5. humanitarian culpability 6. deterioration of the international legal order. These externalities are interconnected and emerge from the political economy of the regime – the accumulation of its security, civil and political economic practices. Their nature and volume suggest that the Syrian civil war will plague its neighbors, as well as Europe, for a long time to come. These externalities also focus our attention on the fact that adequate containment strategies should be designed as a matter of urgency, to limit their negative impact.
Topic:
Security, International Law, Political Economy, Terrorism, Refugees, Conflict, Syrian War, and Bashar al-Assad
Political Geography:
Middle East, Syria, and Idlib

9. Enhancing the Protection of the Environment in Relation to Armed Conflicts – the Draft Principles of the International Law Commission and Beyond

Author:
Britta Sjostedt and Anne Dienelt
Publication Date:
07-2020
Content Type:
Journal Article
Journal:
The Goettingen Journal of International Law
Institution:
The Goettingen Journal of International Law
Abstract:
n 2011, the UN International Law Commission (ILC) took up the topic Protection of the Environment in Relation to Armed Conflicts.1 The decision was triggered by a joint report issued by the UN Environment Programme and the Environmental Law Institute in 2009 recommending the ILC to “[...] examine the existing international law for protecting the environment during armed conflicts [...] [including] how it can be clarified, codified and expanded [...]”.2 Since the inclusion of the item on the ILC’s agenda, the Commission has published five reports3 by the two special rapporteurs, Dr. Marie Jacobsson (2011-2016) and Dr. Marja Lehto (2017-). In 2019, the plenary adopted 28 Draft Principles on first reading.4 The ILC has touched on highly controversial issues such as reprisals,5 corporate liability,6 indigenous peoples’ rights,7 among others. Nevertheless, it was clear from the beginning that the ILC would not be able to exhaustively deal with the topic for two main reasons. First, the Commission has a limited mandate that is restricted to “[...] initiate studies and make recommendations for the purpose of [...] encouraging the progressive development of international law and its codification [...]”.8 Enhanced legal protection of the environment, as one of the purposes of the Draft Principles,9 must therefore be based on existing customary international law and its progressive development. The Commission decided to also include recommendations to account for the uncertain legal status of some of the Draft Principles.10 Second, some related issues touch upon controversial and political matters, as mentioned earlier. Consequently, the ILC has been reluctant to include some of these issues in its workflow.11 Therefore, the adoption of the Draft Principles should be regarded as a starting point for shaping and developing the legal framework for environmental protection in relation to armed conflicts. As a part of that process, Hamburg University and Lund University organized an international workshop in March 2019 in Hamburg. Several members of the ILC, including two special rapporteurs, academic legal experts, and practitioners, attended the workshop to discuss the Draft Principles. The discussion also focused on some issues not covered by the ILC, such as the implications for gender and climate security. The engaging dialogue in Hamburg has inspired the publication of this Special Issue of the Goettingen Journal of International Law (GoJIL) to ensure that the outcomes and ideas of the workshop reach a wider audience. It has also contributed to maintaining the momentum of this topical area of international law by inviting contributions from researchers not present during the workshop in Hamburg.12
Topic:
Environment, International Law, and Non State Actors
Political Geography:
Global Focus

10. Reflections on the Legality of Attacks Against the Natural Environment by Way of Reprisals

Author:
Stavros-Evdokimos Pantazopoulos
Publication Date:
07-2020
Content Type:
Journal Article
Journal:
The Goettingen Journal of International Law
Institution:
The Goettingen Journal of International Law
Abstract:
The paper examines the concept of belligerent reprisals and assesses the legality of attacking the environment by way of reprisals. The law of belligerent reprisals, which is linked to the principle of reciprocity, allows one belligerent State unlawfully injured by another to react by means of what under normal circumstances would constitute a violation of the jus in bello, so as to induce the violating State to comply with the law. The instances of lawful recourse to reprisals have been considerably limited, since their application is either explicitly prohibited against certain protected persons and objects, including against the natural environment, or is subject to stringent conditions according to customary International Humanitarian Law (IHL). Despite its narrowing scope, the doctrine of reprisals remains a valid concept under the existing legal framework. For one, the state of affairs under customary international law with respect to reprisals directed at civilian objects (including against parts of the environment), subject to certain rigorous conditions, remains unclear. To complicate matters even further, any proposition on the status of reprisals in the context of a non-international armed conflict (NIAC) is shrouded in controversy, as there is no relevant treaty provision. In this regard, the present author endorses the approach espoused in the International Committee of the Red Cross (ICRC) Study on Customary IHL, namely to altogether prohibit resort to reprisals in the context of a NIAC. Turning to the status of reprisals against the natural environment under customary IHL, it is argued that a prohibition of attacks against the natural environment by way of reprisals is in the process of formation with respect to the use of weapons other than nuclear ones. All things considered, the International Law Commission (ILC) was confronted with an uncomfortable situation in the context of its work on the ‘Protection of the Environment in Relation to Armed Conflicts’. By sticking to the verbatim reproduction of Article 55(2) of Additional Protocol I, the ILC chose the proper course of action, since any other formulation would not only undercut a significant treaty provision, but might also result in the normative standard of conduct being lowered.
Topic:
Environment, International Law, Humanitarian Intervention, and Red Cross
Political Geography:
Global Focus