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Journal articles on the topic 'UN Charter, resolutions of the Security Council'

Author: Grafiati

Published: 4 June 2021

Last updated: 13 February 2022

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1

Currie, John H. "The Continuing Contributions of Ronald St. J. Macdonald to UN Charter and Peace and Security Issues." Canadian Yearbook of international Law/Annuaire canadien de droit international 40 (2003): 265–85. http://dx.doi.org/10.1017/s0069005800008055.

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SummaryIn this article, the author focuses in particular on Macdonald’s writings on the relationship between the International Court of Justice and the UN Security Council. After considering the continuing uncertainties in that relationship, the author argues that the emerging practice of “evolving reinterpretation” of Security Council Chapter VII resolutions suggests yet another important role for the court — that of guardian of Security Council authority through authoritative, judicial interpretation of purported Security Council authorizations to use force.

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Ansong, Alex. "Unilateral Enforcement of Un Security Council Resolutions: The Case of Operation Iraqi Freedom." Journal of Legal Studies 22, no. 36 (2018): 53–64. http://dx.doi.org/10.1515/jles-2018-0013.

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Abstract The prohibition of armed aggression under Article 2(2) of the United Nations Charter is one of the most important developments in international law and international relations in the modern era. The fact that the right to wage war is no longer accepted as falling within the sovereignty of the state has ushered in an appreciably stable international order based on the rule of law and not the rule of might. While states obviously still engage in warfare and numerous wars have been fought by states in the era of the UN, the very fact that the prohibition of armed aggression has assumed u

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Field, Sarah M. "UN Security Council Resolutions Concerning Children Affected by Armed Conflict: In Whose ‘Best Interest’?" International Journal of Children’s Rights 21, no. 1 (2013): 127–61. http://dx.doi.org/10.1163/15718182-5680023.

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The agreement by the Security Council to adopt thematic resolutions on children is a powerful expression of our collective commitment to children and their rights: specifically to ensuring children’s right to protection from serious violations of international law. Still history is replete with examples of protectionism by powerful decision-makers; not all follow a rights-based approach as entrenched within international human rights law. The objective of this paper is to investigate the decision-making processes and related outcomes of the Security Council from the perspective of internationa

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WHITE, NIGEL D. "The Will and Authority of the Security Council after Iraq." Leiden Journal of International Law 17, no. 4 (2004): 645–72. http://dx.doi.org/10.1017/s0922156504002171.

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One year after the invasion of Iraq, what lessons are to be drawn about the role of the Security Council in peace and security? This article looks at the issue by considering the nature of the Security Council in its dual functions as a forum for diplomacy and a corporate body for executive action. The idea of the Security Council's possessing a separate will in its executive function is developed. The article stresses the importance for the authority of the Council of that organ expressing its will within the legal parameters of the Charter and international law. It is argued that similar leg

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Jordan, Klara Tothova. "United Nations Security Council Resolution 2094 on Nuclear Nonproliferation in North Korea." International Legal Materials 52, no. 5 (2013): 1196–208. http://dx.doi.org/10.5305/intelegamate.52.5.1196.

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On March 7, 2013, the United Nations Security Council unanimously passed Resolution 2094 (2013), bolstering the scope of United Nations (UN) sanctions against the Democratic People’s Republic of Korea (DPRK). The Resolution represents the international community’s latest attempt at applying diplomatic and economic pressure to the DPRK so as to curb its nuclear weapons program. The resolution is also a response to the DPRK’s third nuclear test on February 12, 2013 and its subsequent threat to carry out preemptive nuclear strikes against the United States and South Korea. Acting under Chapter VI

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Miluna, Ieva. "What Does the Uniting for Peace Resolution Mean for the Role of the UN Security Council?" AJIL Unbound 108 (2014): 118–22. http://dx.doi.org/10.1017/s2398772300001999.

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The Uniting for Peace resolution together with the UN Charter prescribes a certain role for the General Assembly with regard to international peace and security. Larry Johnson addresses that role, but he does not consider a second question: how does the Uniting for Peace resolution affect the UN Security Council? The normative role of the Council is influenced not only by the Charter, but also by general international law. In this comment, I explore the normative role of the Council in fulfilling the Charter’s purpose to maintain international peace and security. I argue that the text of the C

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Kirgis, Frederic L. "He Got It Almost Right." AJIL Unbound 108 (2014): 116–17. http://dx.doi.org/10.1017/s2398772300001987.

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Larry Johnson’s answer to his own question is a qualified “no.” Surely he is correct when he says that the General Assembly does not need the Uniting for Peace resolution in order to consider a matter that is on the UN Security Council’s agenda. The International Court of Justice made that clear in its Advisory Opinion on the Construction of a Wall. It is only when the Security Council is actively pursuing the matter that UN Charter Article 12(1) requires the General Assembly to defer to the Council.Johnson is also correct when he says that Uniting for Peace does not serve to enhance the autho

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Henderson, Christian. "II. INTERNATIONAL MEASURES FOR THE PROTECTION OF CIVILIANS IN LIBYA AND CÔTE D'IVOIRE." International and Comparative Law Quarterly 60, no. 3 (2011): 767–78. http://dx.doi.org/10.1017/s0020589311000315.

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The interpretation of United Nations Security Council (UNSC) resolutions adopted under Chapter VII of the UN Charter has been the elephant in the room, or more accurately the chamber of the Council, since the bitter divisions over the ‘revival argument’ and the invasion of Iraq in 2003.1 Although there has been some evidence of an increase in the specificity of UNSC resolutions in an effort to avoid the same difficulties reoccurring,2 the margin of appreciation provided to States in interpreting the mandates provided to them has recently come into focus again.

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Priscilla Suri, Jessica. "THE UNITED NATIONS SECURITY COUNCIL RESOLUTION ON SANCTIONS TOWARDS INDIVIDUAL FROM THE PERSPECTIVE OF INTERNATIONAL LAW." Padjadjaran Journal of International Law 3, no. 2 (2019): 202–18. http://dx.doi.org/10.23920/pjil.v3i2.316.

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AbstractThe United Nations Security Council (SC) holds the primary responsibility to maintain international peace and security as stipulated in Article 24 of the United Nations Charter (UN Charter). The emergence of international terrorism as a threat to international peace and security encourages the SC to impose sanctions in the form of assets freeze, travel ban and arms embargo towards targeted individuals through the SC Resolutions on Taliban, Al-Qaida and the Islamic State of Iraq and the Levant (ISIL). However, the implementation of UN targeted sanctions towards individuals has been viol

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Drieskens, Edith. "Beyond Chapter VIII: Limits and Opportunities for Regional Representation at the UN security Council." International Organizations Law Review 7, no. 1 (2010): 149–69. http://dx.doi.org/10.1163/157237310x523795.

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AbstractZooming in on the serving European Union (EU) Member States and exploring the legal parameters defining regional actorness both directly and indirectly, this article analyzes the EU's representation at the United Nations (UN) Security Council. Looking at the theory and practice behind Articles 52, 23 and 103 of the UN Charter, we shed fresh light on the only provision in the European Treaties that explicitly referred to the UN Security Council, i.e. the former Article 19 of the EU Treaty. We define that provision as a regional interpretation of Article 103 of the UN Charter and discuss

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HAPPOLD, MATTHEW. "Security Council Resolution 1373 and the Constitution of the United Nations." Leiden Journal of International Law 16, no. 3 (2003): 593–610. http://dx.doi.org/10.1017/s0922156503001304.

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In Resolution 1373 the Security Council laid down a series of general and abstract rules binding on all UN member states. In doing so, the Council purported to legislate. This article discusses whether it is entitled to do so. In the light of the Charter and the past practice of United Nations organs, it argues that the Council can only exercise its Chapter VII powers in response to specific situations or conduct. In enacting Resolution 1373 the Council acted ultra vires. The article looks at the circumstances in which such an extension of the Security Council's powers might be acceptable, but

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Pobjie, Erin. "COVID-19 and the Scope of the UN Security Council’s Mandate to Address Non-Traditional Threats to International Peace and Security." Zeitschrift für ausländisches öffentliches Recht und Völkerrecht / Heidelberg Journal of International Law 81, no. 1 (2021): 117–46. http://dx.doi.org/10.17104/0044-2348-2021-1-117.

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In Resolution 2532 (2020), the UN Security Council characterised the COVID-19 pandemic as an endangerment to international peace and security and, for the first time, demanded a general ceasefire and humanitarian pause in armed conflicts across the globe. This article analyses the resolution and its broader implications. In particular, it examines the significance of the Council’s characterisation of the COVID-19 pandemic, the binding powers of the Security Council for addressing threats to international peace and security which are not ‘threats to the peace’, and the implications for the Coun

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Trahan, Jennifer. "Revisiting the Role of the Security Council Concerning the International Criminal Court’s Crime of Aggression." Journal of International Criminal Justice 17, no. 3 (2019): 471–83. http://dx.doi.org/10.1093/jicj/mqz022.

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Abstract This article revisits the role of the United Nations (UN) Security Council in making referrals of the crime of aggression to the International Criminal Court (ICC). It examines the increase in significance of the role of the Security Council caused by the apparent jurisdictional limitations in the resolution activating the ICC’s jurisdiction over the crime when cases are initiated through State Party referral or proprio motu. Since these jurisdictional limitations seemingly decrease the possibility for ICC crime of aggression cases to be initiated without Security Council referral, th

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Griffiths, Elizabeth, Sara Jarman, and Eric Jensen. "World Peace and Gender Equality: Addressing UN Security Council Resolution 1325’s Weaknesses." Michigan Journal of Gender & Law, no. 27.2 (2021): 247. http://dx.doi.org/10.36641/mjgl.27.2.world.

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The year 2020 marks the twentieth anniversary of the passage of United Nations Security Council Resolution (“UNSCR”) 1325, the most important moment in the United Nations’ efforts to achieve world peace through gender equality. Over the past several decades, the international community has strengthened its focus on gender, including the relationship between gender and international peace and security. National governments and the United Nations have taken historic steps to elevate the role of women in governance and peacebuilding. The passage of UNSCR 1325 in 2000 foreshadowed what many hoped

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Zimmermann, Andreas. "Humanitarian Assistance and the Security Council." Israel Law Review 50, no. 1 (2017): 3–23. http://dx.doi.org/10.1017/s0021223716000315.

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Over the years, the Security Council has on several occasions dealt with humanitarian assistance issues. However, it is Security Council Resolution 2165(2014), related to the situation in Syria, that has brought the role of the Security Council to the forefront of the debate. It is against this background that the article discusses the legal issues arising from Security Council action facilitating humanitarian assistance to be delivered in situations of non-international armed conflict.Following a brief survey of relevant practice of the Security Council related to humanitarian assistance, the

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Sarvarian, Arman. "Splitting the Baby." International Organizations Law Review 12, no. 1 (2015): 169–203. http://dx.doi.org/10.1163/15723747-01201007.

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This article examines the review of un Security Council resolutions by the European Court of Human Rights. Analysing recent decisions in the Nada and al-Dulimi cases against the background of the conclusion of the long-running Kadi saga, it builds upon the wealth of literature on the subject by proposing a theoretical basis for incidental review. It argues that the ECtHR directly review the lawfulness of an impugned resolution against a customary human rights standard, which would determine the applicability of Article 103 of the un Charter to displace those Convention rights that are not acce

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Cameron, Iain. "UN Targeted Sanctions, Legal Safeguards and the European Convention on Human Rights." Nordic Journal of International Law 72, no. 2 (2003): 159–214. http://dx.doi.org/10.1163/157181003322560556.

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AbstractThe introduction of Security Council targeted financial and travel sanctions against individuals involves a qualitative change in Security Council sanctions policy, which has previously been directed against governmental entities. Targeted sanctions can be a useful weapon in the international community's attempts to pressurize repressive regimes into accepting change. However, there is a problem in using against individuals, a powerful international law mechanism designed for pressurizing states. Individuals' rights under domestic and international law can be severely affected by such

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Kitharidis, Sophocles. "The Power of Article 103 of the un Charter on Treaty Obligations." Journal of International Peacekeeping 20, no. 1-2 (2016): 111–31. http://dx.doi.org/10.1163/18754112-02001008.

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Understanding Article 103 of the Charter of the United Nations (un Charter) has proven to be complex and controversial. This provision stipulates that in the event of a conflict, the obligations imposed on un Member States under the un Charter prevail over international treaty obligations. Difficulties arise when state parties must determine whether to construe the provision as applying narrowly only to express Charter obligations, or more widely to obligations generated by Charter bodies such as the United Nations Security Council (unsc). Within the context of un peacekeeping operations, such

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Howard, Lise Morjé, and Anjali Kaushlesh Dayal. "The Use of Force in UN Peacekeeping." International Organization 72, no. 1 (2017): 71–103. http://dx.doi.org/10.1017/s0020818317000431.

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AbstractUN peacekeeping was not designed to wield force, and the UN's permanent five (P-5), veto-wielding Security Council members do not want the UN to develop a military capacity. However, since 1999, the UN Security Council has authorized all UN multidimensional peacekeeping operations under Chapter VII of the UN Charter to use force. The mandates do not serve to achieve the council's stated goal of maintaining international peace, nevertheless, the council repeats these mandates in every multidimensional peacekeeping resolution. Neither constructivist accounts of normative change, nor the

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Falk, Richard A. "What Future for the UN Charter System of War Prevention?" American Journal of International Law 97, no. 3 (2003): 590–98. http://dx.doi.org/10.2307/3109844.

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President George W. Bush historically challenged the United Nations Security Council when he uttered some memorable words in the course of his September 12, 2002, speech to the General Assembly: “Will the UN serve the purpose of its founding, or will it be irrelevant?” In the aftermath of the Iraq war there are at least two answers to this question. The answer of the U.S. government would be to suggest that the United Nations turned out to be irrelevant due to its failure to endorse recourse to war against the Iraq of Saddam Hussein. The answer of those who opposed the war is that the UN Secur

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Babington-Ashaye, Adejoké. "Prioritizing Accountability for Sexual Terrorism on the Global Peace and Security Agenda: An Assessment of the Way Forward from National Prosecutions of Sexual Terrorism by Boko Haram to Security Council Decisiveness." Journal of Human Trafficking, Enslavement and Conflict-Related Sexual Violence 1, no. 2 (2020): 199–227. http://dx.doi.org/10.7590/266644720x16061196655052.

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Twenty years after the United Nations (UN) Security Council adopted Resolution 1325 on women, peace and security and twenty-five years after the Beijing Declaration and Platform for Action, the prevalence of sexual violence by parties to armed conflicts continues unabated. Despite the responsibility of every State to address such crimes, conflict-related sexual violence has not been met with corresponding accountability. At the same time, national prosecutions of terrorist activities have largely focused on membership and financing of terrorist groups. Even though the majority of States have e

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Lupi, Natalia. "Report by the Enquiry Commission on the Behaviour of Italian Peace-keeping troops in Somalia." Yearbook of International Humanitarian Law 1 (December 1998): 375–79. http://dx.doi.org/10.1017/s138913590000026x.

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Following the collapse of Somalia into a state of general anarchy after the fall of Siad Barre's regime, the UN Security Council, on 24 April 1992, adopted Resolution 751 with which, under the direction of the Secretary-General, it created the UNOSOM (United Nations Operation in Somalia) mission. The duty of UNOSOM was to supervise both the ceasefire between the fighting factions and the distribution of humanitarian aid.When the situation worsened, the Security Council adopted Resolution 794 on 3 December 1992 under Chapter VII of the UN Charter, authorizing the creation of UNITAF (Unified Tas

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Papastavridis, Efthymios. "Interpretation of Security Council Resolutions under Chapter VII in the Aftermath of the Iraqi Crisis." International and Comparative Law Quarterly 56, no. 1 (2007): 83–118. http://dx.doi.org/10.1093/iclq/lei151.

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AbstractThe ‘Operation Iraqi Freedom’ in 2003 raised many international legal questions, which all have been more or less addressed in the academic literature since then. However, the thrust of the relevant legal etiology pertained to the implementation of a series of UN Security Council Resolutions, whose hermeneutics, ie the rules of interpretation, in contrast to other issues, have been scarcely explored and elucidated. Accordingly, the purpose of this article is to address the latter question of the hermeneutics of Security Council Resolutions, and propound a coherent thesis in this respec

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Gestri, Marco. "EUNAVFOR MED: FIGHTING MIGRANT SMUGGLING UNDER UN SECURITY COUNCIL RESOLUTION 2240 (2015)." Italian Yearbook of International Law Online 25, no. 1 (2016): 19–54. http://dx.doi.org/10.1163/22116133-90000106a.

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To face the extraordinary migration crisis and consequent human tragedy in the Mediterranean, the need has emerged to fight human smugglers and traffickers. The European Union (EU) has launched EUNAVFOR MED, a naval crisis management operation aiming to disrupt the business model of human smuggling in the Central Mediterranean. With Resolution 2240 of 9 October 2015, the UN Security Council, acting under Chapter VII of the Charter, authorised the EU operation to undertake “all measures commensurate to the circumstances” in order to visit, seize, and dispose of vessels used by smugglers. The EU

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Suy, Eric. "NATO's Intervention in the Federal Republic of Yugoslavia." Leiden Journal of International Law 13, no. 1 (2000): 193–205. http://dx.doi.org/10.1017/s0922156500000133.

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At the outset of the conflict over Kosovo, the use of armed force by NATO member states has been justified to force the Government of the Federal Republic of Yugoslavia to accept and sign the Rambouillet agreement. Later on, the use of force was justified in order to prevent a major humanitarian catastrophe. But examination of the relevant Security Council resolutions and of the circumstances surrounding the Rambouillet negotiations shed a totally different light on the legal arguments advanced by proponents of NATO's intervention. Modern international law on the use of force by states, as ens

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Hinojosa Martínez, Luis Miguel. "THE LEGISLATIVE ROLE OF THE SECURITY COUNCIL IN ITS FIGHT AGAINST TERRORISM: LEGAL, POLITICAL AND PRACTICAL LIMITS." International and Comparative Law Quarterly 57, no. 2 (2008): 333–59. http://dx.doi.org/10.1017/s0020589308000201.

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AbstractThis article studies the normative activity developed by the Security Council (SC) in recent years, particularly in the fight against terrorism. This legislative activity has aroused a great deal of controversy both among scholars and the States. Is the SC acting ultra vires? Has it revealed a new form of creating of international norms, which overrides definitively States' consent as the only material source of international law? This contribution tries to answer these questions by investigating the scope of the SC powers in the Charter, their historical background and the reaction of

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Gifkins, Jess. "Beyond the Veto." Global Governance: A Review of Multilateralism and International Organizations 27, no. 1 (2021): 1–24. http://dx.doi.org/10.1163/19426720-02701003.

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Abstract The formal rules governing the UN Security Council offer little insight into how negotiations are conducted on a day-to-day basis. While it is generally assumed that permanent members dominate negotiations, this article investigates avenues for influence for elected members and the UN Secretariat. Institutional power is used to show how permanent members adopt dominant positions in negotiations extending far beyond their Charter-given privileges. Dominance of permanent members is moderated, however, by the legitimacy that support from elected members brings to a resolution. Similarly,

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Lavranos, Nikolaos. "Judicial Review of UN Sanctions by the European Court of Justice." Nordic Journal of International Law 78, no. 3 (2009): 343–59. http://dx.doi.org/10.1163/090273509x12448190941165.

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AbstractWith its Kadi-judgment, the European Court of Justice firmly rejected the Kadi/Yusuf-judgments of the Court of First Instance. The Court of Justice made unambiguously clear that Community law, in particular its basic, core fundamental rights values prevail over any international law obligations of the EC and its Member States, including UN Security Council Resolutions and the UN Charter. As a consequence thereof, individuals targeted by UN sanctions must have access to full judicial review in order to be able to ensure the effective protection of their fundamental rights, including pro

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CRYER, ROBERT. "Sudan, Resolution 1593, and International Criminal Justice." Leiden Journal of International Law 19, no. 1 (2006): 195–222. http://dx.doi.org/10.1017/s0922156505003237.

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The UN Security Council has recently referred the situation in Darfur, Sudan, to the International Criminal Court. This has been hailed as a breakthrough in international criminal justice. However, aspects of the referral resolution can be criticized from the point of view of their consistency with both the Rome Statute and the UN Charter. The limitations of the referral with respect to whom the Court may investigate also raise issues with respect to the rule of law. In addition, Sudan has accused the Security Council of acting in a neo-colonial fashion by referring the situation in Darfur to

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Acconci, Pia. "The Reaction to the Ebola Epidemic within the United Nations Framework: What Next for the World Health Organization?" Max Planck Yearbook of United Nations Law Online 18, no. 1 (2014): 405–24. http://dx.doi.org/10.1163/18757413-00180014.

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The World Health Organization (who) was established in 1946 as a specialized agency of the United Nations (un). Since its establishment, the who has managed outbreaks of infectious diseases from a regulatory, as well as an operational perspective. The adoption of the International Health Regulations (ihrs) has been an important achievement from the former perspective. When the Ebola epidemic intensified in 2014, the who Director General issued temporary recommendations under the ihrs in order to reduce the spread of the disease and minimize cross-border barriers to international trade. The un

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Edwin, Edwin. "RESOLUTION DECISION-MAKING TO INCREASE THE ROLE OF THE UNITED NATIONS FOR WORLD PEACE." JOURNAL ASRO 12, no. 02 (2021): 16. http://dx.doi.org/10.37875/asro.v12i02.398.

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The United Nations (UN) was founded on October 24, 1945 or after World War II ended. At the time of its establishment, the UN consists of 51 member countries and continues to grow until now it has 193 members. The birth of the UN was motivated by the failure of The League of Nations because it could not realize the desire of its founders to create peace throughout the world by preventing war. After World War I, it turned out that World War II was still followed. The UN is considered successful in preventing a widespread war so that until now there has been no World War III. However, in the cur

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Rosand, Eric. "Security Council Resolution 1373, the Counter-Terrorism Committee, and the Fight Against Terrorism." American Journal of International Law 97, no. 2 (2003): 333–41. http://dx.doi.org/10.2307/3100110.

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Following September 11, 2001, the Security Council took a number of important steps in the fight against terrorism. It condemned global terror and recognized the right to self-defense under Article 51 of the UN Charter in responding forcefully to those horrific attacks. Perhaps its most significant action in this area, however, was the adoption of Resolution 1373 which established the Counter-Terrorism Committee (the CTC). Addressing the significance and substance of this Security Council action, this essay reviews the work of the CTC to date, highlighting some of its accomplishments, and then

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Weston, Burns H. "Security Council Resolution 678 and Persian Gulf Decision Making: Precarious Legitimacy." American Journal of International Law 85, no. 3 (1991): 516–35. http://dx.doi.org/10.2307/2203110.

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In his recent book The Power of Legitimacy Among Nations, Thomas Franck defines “legitimacy” as it applies to the rules applicable among states. “Legitimacy,” he writes, “is a property of a rule or rule-making institution which itself exerts a pull toward compliance on those addressed normatively because those addressed believe that the rule or institution has come into being and operates in accordance with generally accepted principles of right process.In adopting Resolution 678 of November 29, 1990, implicitly authorizing the use of force against Iraq in response to Iraq’s August 2, 1990 inv

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Kovalkov, Oleksandr L. "The Afghan question in the work of SC & GA of UNO in January, 1980." Universum Historiae et Archeologiae 1, no. 1-2 (2019): 81. http://dx.doi.org/10.15421/2611810.

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In December, 1979 sub-units of the Soviet Army invaded the Democratic Republic of Afghanistan, eliminated Hafizullah Amin from power, established the government of Babrak Karmal and occupied the country. These events caused the condemnation of the international community, that were reflected by the statement on the Afghan question in the agenda of the Security Council and the UN General Assembly in January, 1980. The minute-books of SC of the UNO, as well as the UN General Assembly resolutions are the main sources of research of this problem. The discussion of the Afghan question in the UN Sec

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Antonopoulos, Constantine. "“The Legitimacy to Legitimise”: The Security Council Action in Libya under Resolution 1973 (2011)." International Community Law Review 14, no. 4 (2012): 359–79. http://dx.doi.org/10.1163/18719732-12341237.

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Abstract The power of the Security Council to adopt military measures for the maintenance of international peace and security has never been implemented as originally envisaged by the text of the UN Charter. The Council never acquired armed forces permanently at its disposal and under its command and control and it adopted the practice of authorisation of force leaving coalitions of willing States or regional organisations to implement it by conducting an operation under their command and resources with minimum control by the Council. The mandate of the operation in an enabling resolution is i

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Galand, Alexandre Skander. "Security Council Referrals to the International Criminal Court as Quasi-Legislative Acts." Max Planck Yearbook of United Nations Law Online 19, no. 1 (2016): 142–75. http://dx.doi.org/10.1163/18757413-00190006.

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In 1998, the international community decided to establish the first permanent International Criminal Court (ICC) with jurisdiction over persons for the most serious crimes of international concern, as referred to in the Rome Statute. As noted by many observers, some of the specific crimes within the Rome Statute are not grounded on customary international law but are more germane to treaty-based crimes. Thus, the exercise of treaty-based jurisdiction over non-party States would conflict with the principle pacta tertiis nec nocent nec prosunt. While the ICC jurisdiction is limited to crimes com

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Barber, Rebecca. "Accountability for Crimes against the Rohingya." Journal of International Criminal Justice 17, no. 3 (2019): 557–84. http://dx.doi.org/10.1093/jicj/mqz031.

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Abstract In 2018, the Independent International Fact-Finding Mission on Myanmar found that there were reasonable grounds to believe the Myanmar military had perpetrated war crimes, crimes against humanity and possibly genocide against the Rohingya people. It recommended that the Security Council refer the situation to the International Criminal Court, but that recommendation is unlikely to be acted upon. This article considers whether, if the Security Council fails to act, the General Assembly may establish an ad hoc international criminal tribunal. It examines first the competency of the Gene

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Shumilov, V. M., and L. M. Krajnyukova. "The role of the UN in normative counteraction to the transnational crimes of terroristic character committed in the information sphere." Moscow Journal of International Law, no. 4 (December 31, 2020): 23–37. http://dx.doi.org/10.24833/0869-0049-2020-4-23-37.

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INTRODUCTION. In today’s world, threats to international information security are increasing. One of them is the use of information and communication technologies for criminal purposes. The United Nations has become the centre for the development of measures to counter such practices. The article discusses the role of the United Nations in the formation of a new international legal institution.MATERIALS AND METHODS. The study was based on resolutions of the United Nations General Assembly, the United Nations Security Council, the texts of relevant international treaties and draft treaties, and

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Gordanic, Jelica. "Parliamentary assembly as a model for the revitalisation of the united nations general assembly." Medjunarodni problemi 70, no. 3 (2018): 337–59. http://dx.doi.org/10.2298/medjp1803337g.

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The paper analyses the revitalization of the General Assembly of the United Nations in the context of the establishment of the Parliamentary Assembly, a potentially new organ within the UN system. The United Nations system deals with the lack of democratic capacity. Establishment of the Parliamentary Assembly which consisted of the citizens of UN members could eliminate the lack of democratic capacity and improve the entire UN structure. The author analyzes the possibilities of establishment of the Parliamentary Assembly, its potential jurisdiction and examines its potential contribution to th

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Richardson, Henry. "Comment on Larry Johnson, “Uniting for Peace”." AJIL Unbound 108 (2014): 135–40. http://dx.doi.org/10.1017/s2398772300002026.

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Larry Johnson’s essay on the UN General Assembly’s Uniting for Peace resolution (UFP) is a useful general analysis of issues arising from UN Security Council Permanent Member veto-paralysis. His essay, which focuses on the text of the original Resolution, is directed at asking whether the UFP retains a current “useful purpose.” Relying on a text-centric interpretation of the presence or absence of subsequent invocations of the UFP, he concludes that no “useful purpose” remains, in part because evolved General Assembly authority has displaced the need to specifically invoke the UFP to make reco

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JOYNER, DANIEL H. "Non-proliferation Law and the United Nations System: Resolution 1540 and the Limits of the Power of the Security Council." Leiden Journal of International Law 20, no. 2 (2007): 489–518. http://dx.doi.org/10.1017/s0922156507004153.

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This article argues that in passing Resolution 1540, the UN Security Council has confused the proper scope of its enforcement powers under Chapter VII with the proper scope of its long unused, limited, lawmaking powers under Article 26. It has thereby taken to itself by unilateral exercise of its Chapter VII powers a role which, under the Charter system, it is to share with both the General Assembly, in the exercise of its Article 11(1) powers, and the general membership of the United Nations, to whom it is directed under Article 26 to submit proposals for the creation of new international law

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Matheson, Michael J. "United Nations Governance of Postconflict Societies." American Journal of International Law 95, no. 1 (2001): 76–85. http://dx.doi.org/10.2307/2642038.

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Since the end of the Cold War a decade ago, the United Nations has exercised authority in significant new ways to address various aspects of resolving conflicts and dealing with their consequences. These new approaches have included the use offeree to end interstate and internal violence, the resolution of boundary issues and other disputes that might prolong the conflict, the elimination of threatening weapons capabilities, the prosecution of violations of international humanitarian law, and the compensation of victims of the conflict. These actions have been taken either with the consent of

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Willems, Auke. "The European Court of Human Rights on the UN Individual Counter-Terrorist Sanctions Regime: Safeguarding Convention Rights and Harmonising Conflicting Norms in Nada v. Switzerland." Nordic Journal of International Law 83, no. 1 (2014): 39–60. http://dx.doi.org/10.1163/15718107-08301003.

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This article analyses the judgment of the European Court of Human Rights in the case of Nada v. Switzerland from the perspective of individual due process rights and the wider constitutional implications. In Nada v. Switzerland, the Strasbourg Court was asked to rule on the conformity of a State Party to the European Convention on Human Rights in its implementation of the United Nations individual counter-terrorist sanctions regime. The Court found violations of an applicant’s right to respect for private and family life and right to an effective remedy. What the Court did not do was rule on t

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de Wet, Erika. "Referrals to the International Criminal Court Under Chapter VII of the United Nations Charter and the Immunity of Foreign State Officials." AJIL Unbound 112 (2018): 33–37. http://dx.doi.org/10.1017/aju.2018.13.

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This contribution explores the implications of United Nations Security Council (UNSC) referrals under Chapter VII of the Charter of the United Nations to the International Criminal Court (ICC) for the immunity ratione personae of officials of states that are not party to the ICC Statute. While Article 13(b) of the ICC Statute allows the ICC to receive referrals of situations by the UNSC, disagreement remains among authors as to when such a referral removes the customary immunity attached to a head of state of a nonstate party to the ICC Statute. In particular, it remains disputed whether the b

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Akande, Dapo, and Katie A. Johnston. "Implications of the Diversity of the Rules on the Use of Force for Change in the Law." European Journal of International Law 32, no. 2 (2021): 679–98. http://dx.doi.org/10.1093/ejil/chab051.

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Abstract This article analyses the structural conditions within the jus ad bellum that affect whether and how that law changes. In particular, it examines how the diversity of the rules that form the law relating to the use of force affects the development of rules permitting the use of force to protect human rights. After noting some areas where it has been argued that aspects of the law relating to use of force have changed as a result of evolving state practice, it identifies a number of obstacles to accepting the argument that changes to customary international law can affect the law on th

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Simic, Jasminka. "Challenges facing NATO in the 21st century." Medjunarodni problemi 61, no. 4 (2009): 387–426. http://dx.doi.org/10.2298/medjp0904387s.

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During the entire post Cold-War era numerous security challenges were pushing NATO in search of a new mission. Although redefined several times in the past, NATO's mission is still not steady and in its final shape. NATO's framework is not final yet for several reasons: lack of internal balance; NATO is moving towards rather 'loose' formula of Trans-Atlantic relations, through a 'Coalition of the Willing', in which countries accept the level and scope of military engagement in war missions (Afghanistan and Iraq) according to their own interests. This certainly has influenced the character of N

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VAN STADEN, ALFRED. "The Political and Legal Force of the Prohibition of Force: Assessing State Behaviour." Leiden Journal of International Law 21, no. 4 (2008): 995–1003. http://dx.doi.org/10.1017/s0922156508005499.

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Recent political developments on the global scene have shed new light on established rules concerning the employment of military force while giving rise, among other things, to a reappraisal of the scope and limits of the right of self-defence. The terrorist attacks of September 2001 raised the question of whether actions by non-state actors can fall within the concept of ‘armed attack’. Those attacks were defined by UN Security Council Resolution 1368, under Article 39 of Chapter VII of the UN Charter, as ‘a threat to international peace and security’, but the ambiguous formulation left suffi

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Cerna, Christina M. "The Nicolas Maduro Regime (O.A.S.)." International Legal Materials 59, no. 2 (2020): 226–30. http://dx.doi.org/10.1017/ilm.2020.13.

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On September 11, 2019, twelve states parties invoked the Inter-American Treaty on Reciprocal Assistance (TIAR), because they considered the crisis in Venezuela to have a destabilizing impact on the peace and security of the hemisphere. Venezuela was one of the twelve, voting in favor; this was because, on April 9, 2019, the Organization of American States (OAS) formally recognized Juan Guaido's representative, Gustavo Tarre, in lieu of Nicolas Maduro's Ambassador. At the OAS General Assembly in June, Tarre's appointment was approved in a much contested and heated session. The OAS has thirty-fi

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Filimonova, Anna Igorevna, and Kseniya Dmitrievna Kot. "The role of Zoran Djindjic in resolving the Kosovo issue." Uchenyy Sovet (Academic Council), no. 5 (April 22, 2021): 372 (402)—383 (409). http://dx.doi.org/10.33920/nik-02-2105-05.

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The article is devoted to one of the most dramatic events in the history of Serbia - the assassination of Prime Minister Zoran Djindjic, in terms of analyzing two key aspects. Firstly, numerous inconsistencies, discrepancies, contradictions and outright falsifications were revealed on the part of the official investigation and the official version of the attentate, in which it was not possible to reliably establish the motives, methods of committing the crime and the true perpetrators of the prime minister's death. Consequently, the reason for the murder of the prime minister, which, no doubt,

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Janev, Igor. "Uncertain Future and Prospects of the Prespa Agreement between Macedonia and Greece." Advances in Politics and Economics 3, no. 2 (2020): p1. http://dx.doi.org/10.22158/ape.v3n2p1.

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In the present article we discuss the future and prospects of the Prespa Agreement, concluded on June 17, 2018, between Macedonia and Greece aiming at resolving their “difference” over the name of Macedonia. The analysis is carried out by examining the legal aspects of United Nations Security Council Resolution 817 (1993) recommending the admission of Macedonia to UN membership but imposing on the applicant a provisional name (pending the settlement of difference over the applicant’s name), in particular its legal consistence with the provisions of Vienna Convention on the Law of Treaties (196

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