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921. Temporary Courts, Permanent Records

Author:
Trudy Huskamp Peterson
Publication Date:
08-2006
Content Type:
Working Paper
Institution:
United States Institute of Peace
Abstract:
Temporary international criminal courts create voluminous records of tremendous and lasting significance to victims, scholars, and legal practitioners, and arrangements must be made for their permanent protection, storage, and use. A conceptual framework is offered for creating a central international judicial archives under UN auspices and for standards to select, preserve, and manage the records of temporary international criminal courts. The closure of these courts makes a decision on the disposition of their records urgent: the Timor Leste Special Panels and Serious Crimes Unit closed in May 2005; the status talks on Kosovo are currently under way; the Sierra Leone court is to close in mid-2007; and the ICTY and ICTR are to complete all proceedings by 2010. A survey of the five courts reveals substantial differences among them because of the varied roles played by the United Nations in their establishment and operations. These differences in turn lead to differences in the potential disposition of the records. When the ICTY and ICTR close, their records will become the responsibility of the United Nations Archives and Records Management Section. The legal responsibility for the Sierra Leone court records is to be negotiated between the United Nations and the government of Sierra Leone. The management of the copies of the East Timor records held by the United Nations is controlled by an agreement between that government and the United Nations. The records of the UN mission in Kosovo relating to the Kosovo internationalized courts will be divided among the government and the three organizations currently comprising the UN mission. Records of the tribunals are key research resources for victims, civic activists, academics, journalists, educators, and successors to current court officials. Potential users of the tribunal records urge officials to place the records where research will be fostered. Preservation requires active intervention to ensure that records can be used; if records are simply stored they will deteriorate, and electronic and audiovisual records will deteriorate irretrievably The ICTY, ICTR, and the Special Court for Sierra Leone must establish basic access rules for their records before closing; they should make every attempt to harmonize their access provisions. The United Nations should explore constructing and staffing an international judicial archives in The Hague and should begin providing copies of publicly available court records to institutions in the countries affected by the court proceedings. Governments and donors should actively encourage and support the United Nations in these efforts.
Topic:
Crime, Government, International Law, and United Nations
Political Geography:
Kosovo and Sierra Leone

922. The United Nations and Western Sahara: A Never-ending Affair

Author:
Anna Theofilopoulou
Publication Date:
07-2006
Content Type:
Working Paper
Institution:
United States Institute of Peace
Abstract:
This study examines the efforts of the United Nations (UN) to resolve the dispute over Western Sahara from August 1988, when Secretary-general Pérez de Cuellar submitted the settlement proposals to the two parties—the Kingdom of Morocco and the Polisario—until June 2004, when James A. Baker III, the secretary-general's personal envoy on Western Sahara, resigned. The settlement proposals were to lead to the holding of a referendum on self-determination for the people of Western Sahara, offering a choice between integration with Morocco or independence. A crucial element in the implementation of the plan was the identification of voters for the referendum, which both sides considered the key to producing an outcome in their favor. The Polisario had a restricted view, expecting the 1974 Spanish census of the territory to be the framework for the identification, while Morocco took an expansive view by trying to include tens of thousands of applicants of Saharan origin now living in Morocco. Both parties found reasons to interrupt the identification process. Throughout the process, the UN tried to break the impasses created by the parties through technical solutions that addressed the problem at hand without addressing the underlying political problem, which was the determination by both sides to win the referendum. After six years of trying to move forward the identification process, Secretary-General Kofi Annan asked James Baker to become his personal envoy in order to steer the parties toward a political solution and away from the “winner-take-all” approach of the referendum. However, because both parties insisted that they wanted to proceed with the plan, Baker helped them negotiate the Houston Agreements, which allowed for the completion of the identification process. In September 2000, seeing that the referendum was not likely to work in its favor, Morocco offered to discuss a political solution aiming at autonomy under Moroccan sovereignty. The Polisario, which until the conclusion of the identification had been interested in meeting directly with Morocco, now believed that it could win the referendum and therefore said it would talk only about the settlement plan. After two more years of trying to get the parties to agree to a political solution, Baker informed the Security Council that a consensual approach would not work and requested that the Council ask the parties to choose one of four options, none of which would require the parties' consent, to resolve the conflict. The Security Council was unable to agree on any of the four options and asked Baker to prepare another political proposal that would include self-determination for the people of Western Sahara. Baker's final attempt was the Peace Plan for Self- Determination of the People of Western Sahara, which provided for a period of autonomy followed by a referendum on self-determination. Morocco rejected the plan and refused to accept a referendum in which the independence of Western Sahara would even appear as an option. The Security Council, while having expressed support for Baker's efforts in its resolutions, proved unwilling to ask the parties to make the difficult decisions required to solve the conflict. When Morocco rejected the peace plan, the Council, despite having unanimously supported it, did nothing. The study concludes that Western Sahara will remain on the UN agenda for many years to come and offers a number of lessons learned from this failed mediation effort.
Topic:
Conflict Resolution, Politics, and United Nations
Political Geography:
Africa and Morocco

923. Channel Surfing: Non-engagement as Foreign Policy

Author:
Barbara K. Bodine
Publication Date:
08-2006
Content Type:
Working Paper
Institution:
MIT Center for International Studies
Abstract:
The adoption of Security Council Resolution 1701 brought a halt to the month-long Israeli-Hezbollah war. UNIFIL will be greatly expanded with a more vigorous mandate to back Lebanese assertion of full sovereignty and control over southern Lebanon and the disarmament of Hezbollah’s militia and missile sites. But is an agreement hammered out in Manhattan sustainable on the ground? Was success in New York confirmation that the Bush administra- tion has come to terms with the utility of the United Nations and the facility of our friends and allies? Or does the agreement’s ambiguity and fragility underscore the costs of dogged non-engagement with our adversaries, even in times of crisis?
Topic:
Foreign Policy, Diplomacy, United Nations, Military Strategy, and Hezbollah
Political Geography:
Middle East, Israel, and Lebanon

924. Time to Stop Fooling Ourselves about Foreign Aid: A Practitioner's View

Author:
Thomas Dichter
Publication Date:
09-2005
Content Type:
Policy Brief
Institution:
The Cato Institute
Abstract:
The foreign aid industry has for decades tried one approach after another in an effort to make aid work. A career of field experience in the aid industry, however, confirms the empirical record that aid is unimportant to growth or poverty reduction and suggests that aid is not likely to work in the future. The belief that foreign assistance has been generally ineffective, moreover, appears to be widespread among aid practitioners with long field experience.
Topic:
Foreign Policy, Economics, International Cooperation, and United Nations

925. Africa Action Talking Points on How to Stop Genocide in Darfur

Publication Date:
02-2005
Content Type:
Working Paper
Institution:
Africa Policy Information Center
Abstract:
The legal definition of GENOCIDE: The international legal definition of the crime of genocide is found in Articles II and III of the 1948 Convention on the Prevention and Punishment of Genocide. Article II describes the two elements that constitute the crime of genocide: The mental element , meaning the " intent to destroy, in whole or in part, a national, ethnic, racial or religious group, as such", and The physical element , which includes five types of violence described in sections [a] though [e] as follows: [a] Killing members of the group; [b] Causing serious bodily or mental harm to members of the group; [c] Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part; [d] Imposing measures intended to prevent births within the group; [e] Forcibly transferring children of the group to another group.
Topic:
Genocide, Human Welfare, and United Nations
Political Geography:
Africa

926. HIV and National Security: Where Are the Links?

Author:
Laurie A. Garrett
Publication Date:
07-2005
Content Type:
Working Paper
Institution:
Council on Foreign Relations
Abstract:
It is important to clarify the security dimensions of the HIV/AIDS pandemic because actions taken to confront the disease as matters of domestic policy or foreign aid may differ markedly from those taken to address threats to national security. Understanding the impact HIV is now having, much less forecasting its toll and effects twenty years hence, is difficult. Little scrupulous analysis of the political, military, economic, and general security effects of the pandemic has been performed, both because the area is poorly funded and the problem is extremely complex.
Topic:
Health and United Nations

927. L'humanitaire comme norme du discours au Conseil de sécurité : une pratique légitimatrice socialement sanctionnée

Author:
David Ambrosetti
Publication Date:
12-2005
Content Type:
Journal Article
Journal:
Cultures & Conflits
Institution:
Cultures & Conflits
Abstract:
L'article examine les logiques pratiques qui ont favorisé la « normalisation » de l'invocation de l'idée humanitaire à l'ONU, à partir du cas des pratiques discursives de la délégation française au sein du Conseil de sécurité, à propos du conflit au Rwanda. L'analyse constructiviste des normes inspirée par A. Giddens et N. Onuf éclaire les enjeux de sanction sociale quotidienne qui se greffent à de telles pratiques discursives et les fondements de leur valeur proprement légitimatrice, qui tient en l'espèce à l'implication d'un espace social plus vaste que le seul espace diplomatique international, comprenant également des journalistes, des leaders d'opinion et des porte-parole légitimes de l'idée humanitaire très médiatisés.
Topic:
United Nations
Political Geography:
Rwanda

928. The Relevance of Norms and Values in the EU´s Russia Policy

Author:
Hiski Haukkala
Publication Date:
01-2005
Content Type:
Working Paper
Institution:
Finnish Institute of International Affairs
Abstract:
For the European Union, the link between norms, values and foreign policy seems to be an obvious one. For example, the new constitutional treaty spells out the set of values on which the Union's external action is based on: democracy, the rule of law, the universality and indivisibility of human rights and fundamental freedoms, respect for human dignity, the principles of equality and solidarity, and respect for the principles of the United Nations Charter and international law. In the treaty, the development of relations with third parties is made conditional upon sharing and upholding them.
Topic:
Foreign Policy, Human Rights, International Political Economy, and United Nations
Political Geography:
Russia, Europe, and Asia

929. The Financing of UN Peace Operations - An Analysis from a Global Public Good Perspective

Author:
Alexander Kocks
Publication Date:
01-2005
Content Type:
Working Paper
Institution:
Institute for Development and Peace
Abstract:
The present report argues on the assumption that UN peace operations represent intermediate international public goods that yield a number of positive externalities – such as peace and security, enhanced international stability and respect for human rights. The potential benefits that can be derived from these operations critically depend on how the international community decides to provide and finance them. Despite the fact that the financing of UN peace operations is a crucial component of their production path, there have been surprisingly few attempts to examine whether and how the UN has adjusted the international public financing system underlying the provision of its operations to the complex tasks the organization is asked to undertake. The present study contributes to a better understanding of UN peace operations as international public goods and fills this gap by providing an up-to-date analysis of the several existing international financing me chanisms and tools created by the UN to help foster better allocation to its operations. It summarizes important UN internal reform processes related to their use and offers policy re commendations for a more integrated and innovative financing approach to UN peace operations as international public goods.
Topic:
Peace Studies and United Nations

930. United Nations Resolutions and the Struggle to Curb the Illicit Trade in Conflict Diamonds in Sub-Saharan Africa

Author:
Mungabalemwa Koyame
Publication Date:
03-2005
Content Type:
Journal Article
Journal:
African Journal of Legal Studies
Institution:
The Africa Law Institute
Abstract:
This article examines the extent to which revenues from the trade in rough diamonds have funded civil war in African countries and the difficulties encountered by the United Nations in putting an end to it. As case studies, the article considers the conflicts in Angola, the Democratic Republic of the Congo and Sierra Leone where the illicit trade in rough diamonds, also referred to as "conflict diamonds" or "blood diamonds," provided most of the funds used by rebel groups in their war efforts. The article further examines the role played by the diamond industry, the international community and diamond importing countries such as the United States and Belgium in the trade of conflict diamonds. The article concludes that several resolutions passed by the United Nations Security Council concerning "conflict diamonds" were at times not successful because of indifference on the part of the international community.
Topic:
United Nations
Political Geography:
Africa and United States