Дисертації з теми "Peace (International law)"
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1
Sellars, Kirsten. ""Crimes against peace" and international law." Thesis, University of Aberdeen, 2009. http://digitool.abdn.ac.uk:80/webclient/DeliveryManager?pid=133994.
Повний текст джерелаАнотація:
The Nuremberg Judgment on the leaders of Nazi Germany proclaimed ‘crimes against peace’ – the planning and waging of aggressive wars – to be ‘the supreme international crime’. This charge was premised on two innovative ideas: that aggressive war was a crime, and that individuals could be held responsible for it. Although heralded as an historic milestone at the time, it turned out to be a transient legal anomaly. At the Nuremberg Tribunal, the number of acquittals, coupled with the relative leniency of the sentences, indicated the judges’ unease about convicting on the basis of ‘crimes against peace’. At the Tokyo Tribunal, some judges questioned the validity of the charge and filed dissents. Legal observers, meanwhile, were outspoken in their criticisms, and argued that it was an ex post facto enactment, selectively applied. Aside from retroactivity and selectivity, the main difficulty arose from the internal contradictions within the charge itself, which rendered it unsustainable as a component of international law. On jurisdiction, it enhanced the sovereignty of nations by protecting them against aggression, while simultaneously undermining sovereignty by subjecting leaders to international law. On enforcement, while judicialising punishment after the event, it simultaneously de-legitimised both aggression and attempts to prevent it. These weaknesses were confirmed by the failure of ‘crimes against peace’ to become part of customary international law. If the Rome Statute is amended to include ‘crime of aggression’ within the International Criminal Court’s operative remit, these latter problems are likely to occur.
2
Subedi, Surya P. "Land and maritime zones of peace in international law." Thesis, University of Oxford, 1993. https://ora.ox.ac.uk/objects/uuid:d87ec164-c5e2-4cbc-b6b4-92b893d0dbd1.
Повний текст джерелаАнотація:
During the past few decades a number of initiatives have been undertaken both inside and outside the UN to establish Zones of Peace (ZOP) in various parts of the globe. Currently, there are seven declarations and proposals for ZOP relative to the Indian Ocean, the South Atlantic, the South Pacific, the Mediterranean, Southeast Asia, Nepal and Tibet. On the basis of the areas they cover and the legal issues they raise, the first four zones are termed in this thesis 'maritime zones of peace1 and the remaining three 'land zones of peace'. The State practice relative to such zones demonstrates a significant move towards the acceptance of a variety of methods of creating different regimes with differing legal content. Yet there has been very little academic discussion on this subject from a legal point of view. Therefore, this thesis is designed to examine the legal aspects of the concept of ZOP. This study begins by examining the State practice on maritime ZOP and looks at whether the concept of maritime ZOP is consistent with the existing principles of international law, especially the freedom of the seas, and whether the State practice on ZOP has crystallised into a rule of customary international law. In doing so, it will assess the legal status of the UN General Assembly declarations on maritime ZOP. This is followed by an examination of the proposals for land ZOP. The study then assesses the extent to which the principles underlying the traditional concepts such as neutrality or demilitarised zones, as well as similar emerging principles, could be applied to the concept of ZOP. Another line of enquiry pursued in this thesis is into the concept of objective regimes in international law. After establishing that there exists in international law a rule on objective regimes, this thesis argues that the regimes of ZOP can be regarded as candidates for objective regimes. It is asserted that the methods applied to the creation of various ZOP are among the internationally accepted methods of creating regimes of a dispositive character and the regime of ZOP is similar to other regimes which have generally been regarded as objective regimes in international law. This thesis finds that although the ZOP is a distinct notion developed in response to the peculiar problems of a single State or a territorial entity or a geographical region, it draws upon similar traditional doctrines as well as other emerging rules of international law. On the whole, the declarations on ZOP can be viewed as innovative methods designed to consolidate the already extant and the emerging rules of international law, accord concrete meaning to certain general principles and apply them in the ZOP concerned.
3
Chesterman, Simon. "Just war or just peace? : humanitarian intervention and international law." Thesis, University of Oxford, 2000. https://ora.ox.ac.uk/objects/uuid:a2f9085b-4ca9-4244-bff0-837ea5d4d74b.
Повний текст джерелаАнотація:
The question of the legality of humanitarian intervention is, at first blush, a simple one. The Charter of the United Nations clearly prohibits the use of force, with the only exceptions being self-defence and enforcement actions authorized by the Security Council. There are, however, long-standing arguments that a right of unilateral intervention pre-existed the Charter. The thesis begins with an examination of the genealogy of this right, and arguments that it may have survived the passage of the Charter, either through a loophole in Article 2(4) or as part of customary international law. It has also been argued that certain 'illegitimate' regimes lose the attributes of sovereignty and thereby the protection given by the prohibition of the use of force. None of these arguments is found to have merit, either in principle or in the practice of states. A common justification for a right of unilateral humanitarian intervention concerns the failure of the collective security mechanism created after the Second World War. The thesis therefore examines Security Council activism in the 1990s, notable for the plasticity of the circumstances in which the Council was prepared to assert its primary responsibility for international peace and security, and the contingency of its actions on the willingness of states to carry them out. This reduction of the Council's role from substantive to formal partly explains the recourse to unilateralism in that decade, most spectacularly in relation to the situation in Kosovo. Crucially, the thesis argues that such unilateral enforcement is not a substitute for but the opposite of collective action. Though often presented as the only alternative to inaction, incorporating a 'right' of intervention would lead to more such interventions being undertaken in bad faith, it would be incoherent as a principle, and it would be inimical to the emergence of an international rule of law.
4
Tlhacoane, Tshepo. "Cyberattacks: The latest threat to international peace and security, and how international law can respond." Master's thesis, Faculty of Law, 2020. http://hdl.handle.net/11427/33053.
Повний текст джерелаАнотація:
Today it is accepted that states may not unilaterally attack each other using rifles, missiles, nuclear, or chemical weapons. But what about computer software such as worms and trojans which are capable of causing similar or greater damage? Are states permitted to attack each other using these so-called cyberweapons? Are they even considered weapons due to their differing form? This is the crux of what this dissertation is about. It aims to show that if states are prohibited from attacking each other with certain categories of weapons, they should not be permitted to attack each other with a different weapon which causes similar damage. I make three overarching arguments in this dissertation. The first is that cyberweapons should be considered ‘weapons' even though they differ in form and sophistication. Secondly, that the use of cyberattacks is a use of force and contravenes article 2(4) of the UN Charter. Finally, I will argue that extant international law is not able to maintain international peace and security and that a multilateral treaty is required.
5
Tlhacoane, Tshiamo. "Cyberattacks: The latest threat to international peace and security, and how international law can respond." Master's thesis, Faculty of Law, 2021. http://hdl.handle.net/11427/33053.
Повний текст джерелаАнотація:
Today it is accepted that states may not unilaterally attack each other using rifles, missiles, nuclear, or chemical weapons. But what about computer software such as worms and trojans which are capable of causing similar or greater damage? Are states permitted to attack each other using these so-called cyberweapons? Are they even considered weapons due to their differing form? This is the crux of what this dissertation is about. It aims to show that if states are prohibited from attacking each other with certain categories of weapons, they should not be permitted to attack each other with a different weapon which causes similar damage. I make three overarching arguments in this dissertation. The first is that cyberweapons should be considered ‘weapons' even though they differ in form and sophistication. Secondly, that the use of cyberattacks is a use of force and contravenes article 2(4) of the UN Charter. Finally, I will argue that extant international law is not able to maintain international peace and security and that a multilateral treaty is required.
6
White, N. D. "The United Nations and the maintenance of international peace and security." Thesis, University of Nottingham, 1988. http://eprints.nottingham.ac.uk/13282/.
Повний текст джерелаАнотація:
This thesis reviews in detail the powers, practice and effectiveness of the United Nations in the maintenance of international peace and security since its inception over forty years ago. The work not only contains an examination of the constitutional powers of the the two United Nations' organs responsible for this area - the Security Council and the General Assembly - and of how these powers have been developed in practice, but also of the significant political factors operating to limit the ambit and effectiveness of those powers. To this end Part 1 of the work examines the Security Council, Part 2 the General Assembly, whilst Part 3 contains a study of the peacekeeping function of the United Nations. Each Part is roughly divided into an analysis in terms of political factors, constitutional considerations and finally effectiveness. Peacekeeping is examined separately because it raises a host of particular problems - both constitutional and political – which would be difficult to encompass in the other two Parts. Generally, each chapter contains a conclusion at which point the various threads are drawn together not only to produce a summary but also to provide guidance as to the future use and development of the powers possessed by the United Nations in this field.
7
Zawātī, Ḥilmī. "Just war, peace and human rights under Islamic and international law." Thesis, McGill University, 1997. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=28236.
Повний текст джерелаАнотація:
The present thesis attempts a critical examination of the theory of war under Islamic and public international law, in an effort to demonstrate that jihad is a just, defensive, and exceptional form of warfare, geared to the maintenance of peace, and the protection of human rights for all people, whether those rights be exercised alone or in association with others, without distinction as to race, sex, language or religious belief. Through an examination of the norms of Islamic and public international law on armed conflict, this thesis argues that Islamic law, which governs the doctrine of jihad, is realistic and practical. Further, it made a great contribution to international humanitarian law more than a millennium before the codification of the four Geneva Conventions of 1949, and eight centuries before the appearance of Hugo Grotius treatise "De jure belli ac pacis libri tres" in 1625.Furthermore, this comparative study reveals that the word jihad might be one of the most misunderstood terms in the history of Islamic legal discourse. This analysis also claims that the division of the world into dar al-Islam (territory of Islam) and dar al-harb (territory of war), which is not predicated on a state of mutual hostility, was dictated by particular events, and was not imposed by scripture. Moreover, this discussion provides that Islamic humanitarian law regulates conduct during a jihad on the basis of certain humane principles, compatible with those upon which modern international conventions are based. Finally, this thesis concludes that there is a unique relationship between jihad and the notion of just war, a matter which qualifies it as the bellum justum of Islam.
8
Abdul, Rahman Hilmi M. "Just war, peace and human rights under Islamic and international law." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1998. http://www.collectionscanada.ca/obj/s4/f2/dsk2/tape15/PQDD_0007/MQ37294.pdf.
Повний текст джерела
9
Mekonin, Abere. "Human Rights and Sustainable Development Law : Sustainabale Development Law :The Path to Sustainable Peace." Thesis, Linnaeus University, Linnaeus School of Business and Economics, 2010. http://urn.kb.se/resolve?urn=urn:nbn:se:lnu:diva-6568.
Повний текст джерелаАнотація:
This paper considers the fast changing developments and changes in relation to sustainable development law with its three pillars, and the needs of international development. The focus of the analysis is on the connection between international economic, international social and international environmental law which constitute sustainable development law at their intersection point, and will show how they can be the paths to sustainable peace. As sustainable development law is emerging as international concern, the qualitative approach of this paper will show its pillars separately and their connection under different conditions. This paper also demonstrates that this approach is gaining ground in the literature, and it contends that it is a more appropriate way of addressing the problems of economic, social and environmental. In support of this argument, the paper looks initially how sustainable development law fits to be the path to sustainable peace within the contemporary world which is full of economic, social and environmental conflicts. Secondly, it provides a theoretical framework how sustainable development law with its pillars can lead the world to sustainable peace. Thirdly, the three pillars, (-international economic law, international social law and international environmental law-), will be elaborated in relation to their intersection and sustainable development law.
10
Du, Plessis Madri. "Evaluation of the international law regarding humanitarian intervention in human rights abuses not breaching international peace and security." Thesis, Stellenbosch : Stellenbosch University, 2004. http://hdl.handle.net/10019.1/53742.
Повний текст джерелаАнотація:
Thesis (LLM)--Stellenbosch University,2004.ENGLISH ABSTRACT: This study exammes, m stages of development, the existing law regarding humanitarian intervention, problems in respect of this law and cases of intervention. More specifically, intervention in human rights abuses not breaching international peace and security but rather posing a so-called threat to peace is examined. This information is used to consider whether more adequate provision can be made regarding circumstances of intervention to stop situations of grave human rights abuses sooner. From the law regarding humanitarian intervention, it is evident that the institution of intervention is illegal under the present UN legal system. Yet, in a time when the human rights culture has become so important that it forms part of the basis of international law, effective intervention is not being authorised by the Security Council. As a result, other actors have been intervening in cases of grave human rights abuses. These interventions need to be appropriate and well managed. Since the protection of human rights is as valid in non-democracies, as in any democratic state form, the study finds that human rights will benefit from dependence on legitimate authority. Attributing more importance to the Uniting for Peace Resolution could expand the role of the General Assembly. Humanitarian intervention also needs to be coupled with a commitment to address the causes of human rights abuses through conflict resolution and social reconstruction. The study concludes with some criteria/guidelines for the establishment of the legitimacy of intervention.
AFRIKAANSE OPSOMMING: Hierdie studie is - binne 'n raamwerk van ontwikkelingstydperke - 'n ondersoek na die bestaande reg aangaande humanitêre ingryping, probleme tenopsigte daarvan en gevalle van ingryping. Veral ingrypings in menseregte-skendings wat nie internasionale vrede en sekuriteit skend nie, maar eerder 'n sogenaamde bedreiging vir vrede is, word ondersoek. Die inligting wat so bekom is, word gebruik om te oordeel of meer gepaste voorsiening gemaak kan word waarvolgens situasies van growwe menseregte-skendings deur ingryping gouer beëindig kan word. Die reg aangaande humanitêre ingryping toon dat ingryping onwettig is in die bestaande regsisteem van die Verenigde Nasies. In 'n tyd waarin menseregte so belangrik geword het dat dit ten grondslag lê van internasionale reg, word effektiewe ingrypings nogtans nie gemagtig deur die Veiligheidsraad nie. Gevolglik gryp ander partye in om teen situasies van growwe menseregte-skendings op te tree. Hierdie ingrypings moet daarom gepas wees en goed bestuur word. Aangesien die beskerming van menseregte net so geldig is in ander staatsvorms as in demokrasieë, bevind die studie dat menseregte sal baat daarby indien dit afhanklik is van legitieme gesag. Voorts kan die rol van die Algemene Vergadering aangaande die beskerming van menseregte uitgebrei word deur groter waarde te heg aan die "Uniting for Peace"-resolusie. Dit is verder nodig dat humanitêre ingryping gekoppel word aan 'n verbintenis om die oorsake van menseregteskendings aan te pak deur konflik-resolusie en sosiale heropbou. Ter afsluiting word riglyne neergelê om te help met die bepaling van die legitimiteit van . . mgrypmg.
11
Boss, Bernadette. "Law and Peace: A Legal Framework for United Nations Peacekeeping." Thesis, The University of Sydney, 2006. http://hdl.handle.net/2123/1204.
Повний текст джерелаАнотація:
The hypothesis of this work is that international human rights law and not international humanitarian law is the legal framework that applies to United Nations (UN) peacekeeping operations in collapsed States where the peacekeepers do not become a party to an armed conflict. In order to test this hypothesis the work begins by examining what is meant by peacekeeping and charts the evolution of peacekeeping from its origins as a passive ad hoc activity to the modern highly complex operations capable of providing the foundations for the recreation of civil society. Chapter two of the work builds on the first chapter by analysing the UNâs theoretical approach to peacekeeping through its major reports. This chapter provides insight into the development of peacekeeping as a theoretical construct and then into a central tool in the UNâs attempt to implement the Charter. Chapters three and four analyse peacekeeping as practiced by the UN in operations conducted under Chapters VI and VII of the UN Charter. This analysis leads to the conclusion that as a matter of practice the UN and the State parties that have provided the troops to perform peacekeeping under UN control have acted in accordance with international human rights law and that as a result there is evidence of State practice to support an argument that as a matter of customary international law international human rights law applies as the framework for peacekeeping in collapsed States. With a clear grounding in the practice and theory of peacekeeping the work then examines the competing claims of international humanitarian law and international human rights law as the legal framework for peacekeeping operations. Suggestions are made with regard to the triggers for international humanitarian law to apply and the conclusion is drawn that the vast majority of UN operations between 1949 and 2003 were conducted beneath the threshold for the application of international humanitarian law. The final chapter of the work analyses the practical application of a human rights framework to peacekeeping and concludes that it provides a flexible and adaptive tool for the restoration of peace and the reconstruction of civil society. As a result of the analysis of UN peacekeeping theory, practice and the competing claims of international humanitarian law and international human rights law, the work concludes that international human rights law provides the framework for UN peacekeeping in collapsed States and that international humanitarian law will only apply where peacekeepers cross the threshold into armed conflict.
12
Boss, Bernadette. "Law and Peace: A Legal Framework for United Nations Peacekeeping." University of Sydney, 2006. http://hdl.handle.net/2123/1204.
Повний текст джерелаАнотація:
Doctor of PhilosophyThe hypothesis of this work is that international human rights law and not international humanitarian law is the legal framework that applies to United Nations (UN) peacekeeping operations in collapsed States where the peacekeepers do not become a party to an armed conflict. In order to test this hypothesis the work begins by examining what is meant by peacekeeping and charts the evolution of peacekeeping from its origins as a passive ad hoc activity to the modern highly complex operations capable of providing the foundations for the recreation of civil society. Chapter two of the work builds on the first chapter by analysing the UNâs theoretical approach to peacekeeping through its major reports. This chapter provides insight into the development of peacekeeping as a theoretical construct and then into a central tool in the UNâs attempt to implement the Charter. Chapters three and four analyse peacekeeping as practiced by the UN in operations conducted under Chapters VI and VII of the UN Charter. This analysis leads to the conclusion that as a matter of practice the UN and the State parties that have provided the troops to perform peacekeeping under UN control have acted in accordance with international human rights law and that as a result there is evidence of State practice to support an argument that as a matter of customary international law international human rights law applies as the framework for peacekeeping in collapsed States. With a clear grounding in the practice and theory of peacekeeping the work then examines the competing claims of international humanitarian law and international human rights law as the legal framework for peacekeeping operations. Suggestions are made with regard to the triggers for international humanitarian law to apply and the conclusion is drawn that the vast majority of UN operations between 1949 and 2003 were conducted beneath the threshold for the application of international humanitarian law. The final chapter of the work analyses the practical application of a human rights framework to peacekeeping and concludes that it provides a flexible and adaptive tool for the restoration of peace and the reconstruction of civil society. As a result of the analysis of UN peacekeeping theory, practice and the competing claims of international humanitarian law and international human rights law, the work concludes that international human rights law provides the framework for UN peacekeeping in collapsed States and that international humanitarian law will only apply where peacekeepers cross the threshold into armed conflict.
13
Mawar, Deepak. "Peace and justice development in international law : from a Victorian tradition to fragmentation." Thesis, King's College London (University of London), 2015. https://kclpure.kcl.ac.uk/portal/en/theses/peace-and-justice-development-in-international-law-from-a-victorian-tradition-to-fragmentation(5f5330cb-9598-45b0-add8-f2e450946f06).html.
Повний текст джерела
14
Sakade, Noriko. "Peace education in practice? : a case study of peace education in England." Thesis, University of Birmingham, 2009. http://etheses.bham.ac.uk//id/eprint/5217/.
Повний текст джерелаАнотація:
In the contemporary world, wars, violence and injustice never seem to end. In an attempt to replace this culture of violence with a culture of peace, peace education attempts to raise awareness of non-violent and constructive means of dealing with conflicts, and to promote necessary skills, knowledge, attitudes and values. This research aims to gain insight into the reality of the current practice of peace education in schools in relatively stable countries. While a school is one of the places where children learn values, attitudes and behaviour, schooling is often criticised for maintaining and reinforcing different forms of violence, including physical violence and inequality. This study explores theoretical and practical aspects of peace education and key issues relevant to these aspects, including its place in schooling. The empirical study investigates a peace education organisation in the UK, West Midlands Quaker Peace Education Project (WMQPEP) and one of its projects in a primary school. WMQPEP particularly focuses on interpersonal skills to build peaceful relationships and raise self-esteem. The overall research provides understanding of the principles and practice of peace education as well as its impact, and identifies some factors which can either promote or undermine effective peace education in schools.
15
MARTINEZ, PINILLA IVAN LEONARDO. "Analyzing victims’ rights during post-conflict: international law and current international experience in solving the peace-justice overlap." Doctoral thesis, Università degli Studi di Roma "Tor Vergata", 2018. http://hdl.handle.net/2108/304954.
Повний текст джерела
16
Capps, Patrick Michael Alan Graham. "The possibility of perpetual peace? : analytical jurisprudence, moral-rationalism and the concept of international law." Thesis, University of Bristol, 1999. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.368687.
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17
Kliem, Tobias. "A step towards 'perpetual peace'? legitimacy in international law and UN Security Council reform." Thesis, University of Kent, 2013. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.653060.
Повний текст джерелаАнотація:
My thesis is that the Security Council of the United Nations is still relevant in today's world, but it needs to change to maintain and strengthen its position as the central body for decisions on international peace and security. The key to this position is the concept of legitimacy, which will be explored in the first two chapters. While the first chapter explains what legitimacy means and why it ';tatters in world politics, the second chapter will explore in more detail what factors matter in the sociological conception of legitimacy of international organisations used in this thesis. The indicators arising from this broadly fit into the areas legality, democracy, justice and outcome. These indicators are then used to test how the United Nations Security Council has acted in the two major cases where force has been used with the autliorisation of the United Nations: the Korean War of the 1950s and the first Iraq War fourty years later. Both case studies show that the decision making structure within the United Nations and therefore the authorised wars suffered from major problems in terms of their legitimacy. The final two chapters then take up these problems to look into the proposals that were made to reform the Security Council. The thesis proposes some changes that are not completely unrealistic and that could help the Security Council to become the relevant actor it was supposed to be.
18
Finnigan, Muriel. "Olympic singularity : the rise of a new breed of actor in international peace and security?" Thesis, University of Glasgow, 2017. http://theses.gla.ac.uk/8389/.
Повний текст джерелаАнотація:
The Olympic Movement has a constantly expanding mandate which has seen it venture into many fields other than simple staging of the Olympic Games. For example, it has extended its mandate into the equal representation of women in sport, but more importantly, this thesis examines its new mandate of building peace through sport, which is contained in the Olympic Charter’s 2nd Fundamental Principle of Olympism. It has also indirectly influenced the production of the UNGA Olympic Truce Resolutions, by calling on the UN to revive the ‘concept of ekecheiria’. However, the Olympic Truce Resolutions are frequently flouted, and more often than not, by the Host Nation itself, including the UK and the USA in recent years. This thesis examines a possible solution to this failing, which is the Olympic Truce Resolutions codification into a binding Treaty where states and the entire Movement are party to it. This thesis recognises that there is the inherent problem in this, in that the Olympic Movement is not comprised of states. Its core actors are the International Olympic Committee, National Olympic Committees, and International Sporting Federations (and to a lesser extent OCOGs). Hence this thesis submits the novel concept of Olympic Singularity, eight unusual features that amplify the EU doctrine of the specificity of sport on the Olympic playing field. These eight cumulative features unite to allow the Movement to be co-signatories to the Truce Treaty, alongside states. It also enables the Movement to govern the Truce Treaty and any sanctions thereof. Again, this is because of the features of Olympic Singularity, the most notable of which is that the Movement is unusual because of its universal singular webbed framework which necessitates its consideration as a single powerful organ capable of action on the international stage equivalent to states. Olympic Singularity justifies the Movement’s special treatment before law, in the form of an atypical international law subject, in that it unites independent actors into one organ, enabling them to have capacity on a par with those reserved to states and international governmental organisations. This would only take the form of governing and sanctioning a Truce Treaty. This thesis examines precedent for this in that the ancient Olympic Games were governed by a single state who dispensed real sanctions for the breach of ekecheiria. It also examines in a case study, South Africa which shows that the end of apartheid was assisted by the UN and the Movement uniting and using sport by way of a binding international Treaty, ICAAS 1985. Hence the capacity of the state system was required alongside the recognition of all involved that it was a Treaty.
19
Aminzadeh, Elham. "The United Nations and international peace and security : a legal and practical analysis." Thesis, University of Glasgow, 1997. http://theses.gla.ac.uk/734/.
Повний текст джерелаАнотація:
The United Nations, as an organisation created by equal sovereign states and built upon a single set of principles as the UN Charter, has the capacity and responsibility to deal with matters in the sphere of international peace and security. The Cold War put an obstacle in the way of the Organisation to use its delegated powers in conflict resolution within the few years of its establishment. As a result, and because of the necessity to deal with international conflicts, the institution of peace-keeping emerged with the aim of deploying forces not to end the aggression, breach of or threat to the peace, but for supervision of cease-fires or providing an interposition force between the belligerents, characterised by impartiality and a limited military capability. The demise of the Cold War offered the opportunity to the Organisation, especially to the Security Council, to use its powers to implement law and order among nations. In the post-Cold War era, the Security Council extended its interpretation of the notion of "threat to the peace" and restricted the principle of "domestic jurisdiction". The Council has authorised an individual state or a group of states to use force for humanitarian purposes and human rights concerns. To study the role of the United Nations in the field of international peace and security, and to investigate its developments, legality of actions, successes and failures, it is necessary to gain a clear understanding of what was originally intended by the founders of the Organisation. This thesis examines initially the provisions of the Charter on the role of the UN organs in maintaining and restoring international peace and security with reference to the discussions at the San Francisco Conference. Since the institution of peace-keeping was not envisaged in the Charter, an investigation is carried out on its constitutional and legal basis, referring to the advisory opinion of the international Court of Justice and Chapters VI and VII of the Charter.
20
Perova, Natalia. "The United Nations, member states and individuals sharing international responsibility for serious violations of international law committed during peace support operations." Thesis, University of Birmingham, 2015. http://etheses.bham.ac.uk//id/eprint/5614/.
Повний текст джерелаАнотація:
This thesis is dedicated to the analysis of state responsibility, United Nations’ responsibility and individual criminal responsibility of peacekeepers for the crimes committed during Peace Support Operations (“PSOs”). It looks into the way public international law, international criminal, humanitarian and human rights law applies in the context of PSOs. The purpose of the thesis is to show that the UN, troop-contributing states and individual peacekeepers share international responsibility for the violations of international law committed during PSOs. This thesis proves that the conduct of peacekeepers is attributed not only to the UN, but also to troop-contributing states and depends on effective control exercised in fact by the UN Force Commander and national contingent commanders over particular conduct. Both international humanitarian law and human rights law are applicable to PSOs and can be breached by the UN and render it international responsible. Despite immunities and exclusion of the host state jurisdiction, peacekeepers cannot avoid international criminal responsibility in domestic courts and International Criminal Court. Applying the system of international responsibility to the case-studies, the thesis concludes that the UN, states and individuals cannot escape international responsibility by relying on international status and mandate of PSOs.
21
Coakwell, Jacob Richard. "Peace on Ukraine's Terms: Partition not Autonomy." The Ohio State University, 2018. http://rave.ohiolink.edu/etdc/view?acc_num=osu152270767363487.
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22
Dieter, Anne. "Liam Mähony ; Luis Enrique Eguren: Gewaltfrei stören - Gewalt verhindern. Die Peace Brigades International / [rezensiert von] Anne Dieter." Universität Potsdam, 2003. http://opus.kobv.de/ubp/volltexte/2011/5536/.
Повний текст джерелаАнотація:
rezensiertes Werk:
Mähony, Liam ; Eguren, Luis Enrique: Gewaltfrei stören - Gewalt verhindern. Die Peace Brigades International. / PBI Deutscher Zweig e.V. (Hrsg.), aus dem Englischen von Henrike Evers und Regina Maria Stenzel. - Zürich : Rotpunktverlag, 2002.
ISBN 3-85869-241-7
23
Sim, Morgan Marguerite. "PIONEERING PEACE: INTERNATIONAL LAW and IMPROVISED INTERVENTION In the ESTABLISHMENT of UNITED NATIONS PEACEKEEPING OPERATIONS." Thesis, The University of Arizona, 2009. http://hdl.handle.net/10150/192968.
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24
Zwanenburg, Marten Coenraad. "Accountability under international humanitarian law for United Nations and North Atlantic Treaty Organization peace support operations /." Leiden : E.M. Meijers Instituut, 2004. http://catalogue.bnf.fr/ark:/12148/cb402332628.
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25
Messineo, Francesco. "The attribution of conduct in breach of human rights obligations during peace support operations under UN auspices." Thesis, University of Cambridge, 2012. https://www.repository.cam.ac.uk/handle/1810/252266.
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26
Martin-Brûlé, Sarah-Myriam. "Tackling the anarchy within: the role of deterrence and great power intervention in peace operations." Thesis, McGill University, 2011. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=96840.
Повний текст джерелаАнотація:
My dissertation strives to understand the conditions under which peaceoperations in intra-state wars succeed or fail. I address two main questions: Whatis peace operation success, and what contributes to such an outcome? I define thesuccess of a peace operation based on two dimensions: a) the accomplishment ofthe peace operation's mandate, and b) the establishment of order. This definitionallows me to avoid a binary framework of assessment in terms of success vs.failure by introducing intermediate categories: partial failure and partial success.To explain peace operations' outcomes, I look at the role of the type of strategyadopted and the type of intervener. I suggest that the three major ingredients ofany strategy are: communication, capacity and knowledge. These ingredients allinteract differently depending on which strategy is adopted. I apply my theoreticalframework to empirical cases, testing the saliency of my postulates by examining11 peace operations in three countries: Somalia (1991-1995), Sierra Leone (1999-2005) and Liberia (1990-2009). I assess these operations' outcomes and theprocesses by which they succeeded/failed at accomplishing their mandate whilesimultaneously contributing/hindering their chances at re-establishing order. Iargue that, for a peace operation in an intra-state war, the adoption of a deterrencestrategy works best for re-establishing order while the involvement of a greatpower facilitates the accomplishment of the mandate.Cette thèse porte sur les conditions et les facteurs de succès des opérationsde la paix dans les guerres civiles au sein d'États déstructurés. Nous cherchons àrépondre à deux principales questions: qu'est-ce que le succès dans le cadre d'uneopération de la paix, et qu'est-ce qui contribue à ce succès? Nous identifionsd'abord deux axes principaux du succès des opérations de la paix: a)l'accomplissement du mandat et b) le rétablissement de l'ordre. Nous proposonsainsi un modèle de classification qui nuance la simple opposition succès/échec parl'ajout de catégories intermédiaires (succès partiel et échec partiel). Nouscherchons ensuite à mettre en valeur l'influence respective du type de stratégieutilisée (dissuasion, coercition et auto-défense) et du type d'intervenant(présence/absence d'une grande puissance, organisation régionale/internationale)sur le succès d'une opération de la paix. Nous nous intéressons aux troisprincipaux ingrédients de toute stratégie, soit la communication, la force de frappeet la connaissance des milieux humain et géophysique. Ces ingrédientsinteragissent différemment selon la stratégie adoptée. Nous appliquons notrecadre théorique et nous testons la pertinence de nos hypothèses en examinant 11opérations de la paix qui ont eu lieu dans trois pays, en Somalie (1991-1995), auSierra Leone (1999-2005) et au Liberia (1990-2009). Nous évaluons le type desuccès/échec ainsi que le processus par lequel ces opérations réussissent/échouentà accomplir leur mandat tout en contribuant/nuisant à leur chance de rétablirl'ordre. Nous soutenons que lors d'une opération de la paix au sein d'un Étatdéstructuré, la dissuasion est la stratégie la plus apte à rétablir l'ordre alors quel'intervention d'une grande puissance facilite l'accomplissement du mandat.
27
Pupavac, Mladen. "The international criminal tribunal for the former Yugoslavia : analysis of its contribution to the peace and security in the former Yugoslavia and the rule of law in international relations." Thesis, University of Nottingham, 2003. http://eprints.nottingham.ac.uk/11533/.
Повний текст джерелаАнотація:
The aim of this study has been to explore the political and legal significance of the International Criminal Tribunal for the Former Yugoslavia, both within the territory of the former Yugoslavia and beyond. Within these parameters, the overall purpose of the study has been to examine, firstly, whether the ICTY has contributed to the restoration of peace and security in the territory of the former Yugoslavia, and secondly, whether, using the experience of the ICTY, it is reasonable to expect that the newly established International Criminal Court (ICC) will make a similar contribution to international peace and security and the rule of law in international relations more generally. Therefore, the academic aim of the thesis is to use the results of the empirical research on the ICTY as a basis for reasoned speculation about the ICC. In seeking to answer whether the ICTY has contributed to peace and security in the former Yugoslavia, the thesis analyses the cooperation of the actors within and outside the former Yugoslavia, both state and non-state, arguing that the ICTY has not achieved its main objective. Using the lessons of the ICTY, the thesis seeks to modify expectations about the potential of the ICC to contribute to the maintenance of international peace and security by helping to manage similar conflicts in the future. In answering whether the ICTY has contributed to the rule of law in international relations, the thesis has contextualised the ICTY within the history of similar attempts to use international law and international institutions to prohibit and/or regulate the use of force in international relations. The overall conclusion is that the ICTY has not achieved this goal either.
28
Salem, Mostafa F. "The way ahead? : an analysis of the Camp David Accords and the Egyptian-Israeli peace treaty." Thesis, University of Glasgow, 1991. http://theses.gla.ac.uk/1826/.
Повний текст джерелаАнотація:
In one sense, the Palestinian problem dates back to early history when the Canaanites, Israelites and Philistines contended for the territory and its resources. However, the modern Palestine problem dates only from the Balfour Declaration in 1917, and yet has proved to be more deadly, with six wars if one includes the Gulf War, and more intractable, with attempts to create a state of Palestine for nearly three-quarters of a century. A recent attempt to solve the problem was the Egypt-Israel Peace Treaty of 1979. If that had been the only purpose of Presidents Carter and Sadat and Prime Minister Begin at Camp David and of the last two in signing the Treaty in Washington, their efforts could only be described as futile. But more was at stake: the ending of a state of war and the resolution of outstanding territorial claims. In that regard the `Camp David process' was successful - indeed successful to the extent that an issue not resolved during the process, the question of Taba, was amicably settled by Egypt and Israel through arbitration. This thesis seeks to analyse the `Camp David process' and the terms of the Treaty in an attempt to answer the question of how the state of war, equally important for Egypt and Israel, could be satisfactorily ended for both parties, how the territorial claims, equally important for both Israel and Egypt, could be resolved, when the issue of Palestine, the source of virtually all the present conflicts in the Middle East and essential for the Egyptians as part of the Arab nation, should remain unresolved, despite the provisions of the Camp David Accords and the Treaty.
29
Seifert, Katharina Elena. "The scope of war crimes against peace-keeping personnel : Do Articles 8 (2) (b) (iii) and (e) (iiD ICC- Statute and 4 (b) SCSL- Statute fulfil the requirements of the principle of specificify in international law?" Master's thesis, University of Cape Town, 2011. http://hdl.handle.net/11427/12610.
Повний текст джерелаАнотація:
Includes bibliographical references.The United Nations was established to promote international peace and security and has become the world's most important peacekeeper and safeguard of human rights.1 Due to the increasing number of attacks against those who keep the peace in practice, the international community felt the urgent need for a better protection for its peacekeeping personnel.2 Therefore, attacks against peacekeepers have been incorporated in Article 8(2)(b)(iii) and (e)(iii) of the Statute of the International Criminal Court (ICC-Statute) as well as later in Article 4(b) of the Statute of the Special Court for Sierra Leone (SCSL-Statute). The incorporation of attacks against peacekeepers in the ICC-Statute was not the only novelty. It is the first international criminal code that provides a general part which explicitly includes the principle of legality (Articles 22- 24 ICC-Statute) and its component of specificity (nullum crime sine lege scripta) (Article 22(2) ICC-Statute). It is the aim of this paper to examine whether the war crimes of intentionally directed attacks against peacekeepers, in its current version, meets the requirement of specificity. This paper will argue that the notion of the principle of legality (nullum crime sine lege) in the ICC-Statute witnesses a development from a loose to a strict application of this principle, and its components. Due to the limitation of this paper, the discussion will focus on the most controversial elements of crime, namely "attack", "peacekeeping mission in accordance with the U.N. Charter" and "as long as they are entitled to the protection afforded to civilians under IHL." I will argue that the elements "attack" and "as long as they are entitled to the protection afforded to civilians under IHL" cannot be clearly defined and that their scope is controversy, which makes it impossible for the subject of law to determine whether certain behaviour has a criminal conduct. This paper will conclude that the current versions of Article 8(2)(b)(iii), (e)(iii) and Article 4(b) SCSL-Statute are consequently violating the principle of specificity, which makes them void. The conclusion will offer a possible lawful version.
30
Sul̈e, Attila. "The European Union in peace operations : limits of policy-making and military implementation /." Monterey, Calif. : Springfield, Va. : Naval Postgraduate School ; Available from National Technical Information Service, 2003. http://library.nps.navy.mil/uhtbin/hyperion-image/03Mar%5FSule.pdf.
Повний текст джерелаАнотація:
Thesis (M.A. in International Security and Civil-Military Relations)--Naval Postgraduate School, March 2003.Thesis advisor(s): Donald Abenheim, Karen Guttieri. Includes bibliographical references. Also available online.
31
Tubbs, James O. "Beyond Gunboat Diplomacy Forceful Applications of Airpower In Peace Enforcement Operations /." Maxwell AFB, Ala. : Air University Research Coordinator Office, 1998. http://www.au.af.mil/au/database/research/ay1995/saas/tubbsjo.htm.
Повний текст джерелаАнотація:
Thesis (M.M.A.S.)--School of Advanced Airpower Studies, 1995.Subject: The application of airpower to peace enforcement operations. Cover page date: June 1995. Vita. Includes bibliographical references.
32
Engdahl, Ola. "Protection of personnel in peace operations : the role of the 'Safety Convention' against the background of general international law /." Leiden [u.a.] : Nijhoff, 2007. http://www.loc.gov/catdir/toc/fy0710/2007274113.html.
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33
Hammond, Judith. "The quest for perpetual peace: possibilities for international law reform based on Philip Allott's theory of social idealism." Thesis, University of Auckland, 2010. http://hdl.handle.net/2292/6692.
Повний текст джерелаАнотація:
This thesis takes up Philip Allott's challenge to think beyond the confines of academic and professional disciplines, to formulate new ideas that will transcend the current international order and create a better human future. Part I offers a theoretical exploration of past endeavours to secure perpetual peace and a map of the contemporary theoretical landscape in international law and international relations within which Allott's theory of social idealism is situated. Part II is an explication and evaluation of Allott's theory. The evaluation confirms that while the theory prescribes an international constitutionalism for a "true" international society, it does not provide practical guidance for improving the current system of international law. Allott is well aware of this. When referring to his own contribution to the discourse on the nature and function of law in humanity's integrated future, he declares that the geometer's work is complete, but that there is a need for more detailed carpenter's plans. His hope is that (younger) scholars and intellectuals will be inspired to reconnect with their intellectual inheritance, to explore new and better lines of thought, and to seek better connections between ideas – even ancient ones. Consequently, in Part III, Allott's theory is used as a springboard to construct three practical proposals intended to contribute to those detailed plans. The proposals have been developed to enable humanity to move in the direction of Allott's "true" international society specifically by transcending the recurrence of mass slaughter that is both condemned and condoned by the current regime of international law. The first proposal of an ethical obligation, and the second of an eventual legal code, concern the holding to account of all capable members of humanity for the protection of vulnerable members from atrocity. The proposals are submitted in the hope that the contemplation – if not the realisation – of these ideas might accelerate the socialisation and democratisation of international society by "the people". This would also accelerate the infiltration of international law by individuals as both subjects and objects, and redirect the central task of international law away from the protection of naked reason of state towards the reconciliation of capability and vulnerability of individual members. The third political proposal suggests how these ideas might be promulgated within the current legal and political milieux. It is anticipated that these proposals would enhance the development of a "true" international law – one that is a product of the total social process of international society, of all people and subordinate societies. With the actualisation of such an international law, perpetual peace might be realised.
34
Weiß, Norman. "Ulf Häußler, Ensuring and enforcing human security : the practice of international peace missions ; legal framework, military operations, political ramifications [rezensiert von] Norman Weiß." Universität Potsdam, 2008. http://opus.kobv.de/ubp/volltexte/2009/3658/.
Повний текст джерелаАнотація:
Rezensiertes Werk:
Häußler, Ulf:
Ensuring and enforcing human security : the practice of international peace missions ; legal framework, military operations, political ramifications. - Nijmegen : Wolf, 2007. - X, 180 S. - (A challenge for European law : the merging of internal and external security)
ISBN: 978-90-5850-257-5
35
Howell, Kelly. "The United Nations Force Intervention Brigade: Peace Enforcement as a Conflict Management Strategy in the Democratic Republic of the Congo." Thesis, University of Oregon, 2016. http://hdl.handle.net/1794/19681.
Повний текст джерелаАнотація:
This research explores developments within the United Nations that have led to the creation of the Forward Intervention Brigade (FIB). It will consider the political, legal, economic, and ethical issues surrounding armed defensive-intervention during humanitarian crises. Topics explored include the effectiveness of armed intervention during crises and ethics concerning the use of arms when intervening for humanitarian or peacemaking purposes.
How success and failure is being defined and the current status of the mission will be discussed. The question of the possible costs of non-intervention is raised. This case example is linked to the failure of the UN to effectively respond to the genocide that occurred in Rwanda in 1994 and the subsequent cost of that failure. The development of powers within the UN is considered in terms of the creation of this armed force, as are the ways this may impact the interpretation of international law regarding armed intervention.
36
Engdahl, Ola. "Protection of personnel in peace operations : the role of the 'Safety Convention' against the background of general international law /." Stockholm : Department of Law, Stockholm University, 2005. http://urn.kb.se/resolve?urn=urn:nbn:se:su:diva-443.
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37
Muiruri, James Nganga Kariuki. "African regional peace and security under the AU'S constitutional framework : conflict or compatibility with the UN and international law?" Thesis, University of Sheffield, 2008. http://etheses.whiterose.ac.uk/6123/.
Повний текст джерелаАнотація:
The Constitutive Act that contains the right to intervene by the African Union (AU) in member states, being the first and only international treaty to contain this novel right, has the potential to redraw the landscape of international law, with significant ramifications for the UN, member states and regional organisations as well as for the way in which we understand and interpret mechanisms for conflict security. This is because until now, the general understanding has been that regional organisations' right to intervene has been secondary and ultimately under the express authorisation from the United Nations. Therefore, the purpose of this study is to address the different questions raised by the AU's institutional framework of regional security and explore how its constituent norms sit alongside the more established rules of international law. In doing so, the thesis aims to offer a better understanding of the evolving mechanism of African regional security and the developing relationship between the UN and the AU. This study builds on recent UN reform proposals and uses the Darfur conflict (2003) in the Sudan as its case study. Finally, it concludes by assessing the longer term prospects that the concerted efforts of the AU and the UN hold in the promotion of regional and international peace and security.
38
Wright, Crystal Renee Murray. "From the Hague to Nuremberg: International Law and War, 1898-1945." Thesis, North Texas State University, 1987. https://digital.library.unt.edu/ark:/67531/metadc501222/.
Повний текст джерелаАнотація:
This thesis examines the body of international law drawn upon during the Nuremberg trials after World War II. The work analyzes the Hague Conventions, the Paris Peace Conference, and League of Nations decisions to support its conclusions. Contrary to the commonly held belief that the laws violated during World War II by the major war criminals were newly developed ideas, this thesis shows that the laws evolved over an extended period prior to the war. The work uses conference minutes, published government sources, the official journal of the League of Nations, and many memoirs to support the conclusions.
39
Hjälm, Veronica. "The Evolution of a Responsibility to Protect in Africa : The African Unions Emerging Peace and Security Regime." Thesis, Högskolan Dalarna, Statsvetenskap, 2010. http://urn.kb.se/resolve?urn=urn:nbn:se:du-5710.
Повний текст джерелаАнотація:
The thesis focuses on, and tries to evaluate, the role that the African Union (AU) plays in protecting the peace and security on the African continent. The thesis takes an interdisciplinary approach to the topic by both utilizing international relations and international law theories. The two disciplines are combined in an attempt to understand the evolution of the AU’s commitment to the pragmatist doctrine: responsibility to protect (R2P). The AU charter is considered to be the first international law document to cover R2P as it allows the AU to interfere in the internal affairs of its member states. The R2P doctrine was evolved around the notion of a need to arrive at a consensus in regard to the right to intervene in the face of humanitarian emergencies. A part of the post-Cold War shift in UN behaviour has been to support local solutions to local problems. Hereby the UN acts in collaboration with regional organizations, such as the AU, to achieve the shared aspirations to maintain international peace and security without getting directly involved on the ground. The R2P takes a more holistic and long-term approach to interventions by including an awareness of the need to address the root causes of the crisis in order to prevent future resurrections of conflicts. The doctrine also acknowledges the responsibility of the international community and the intervening parties to actively participate in the rebuilding of the post-conflict state. This requires sustained and well planned support to ensure the development of a stable society.While the AU is committed to implementing R2P, many of the AU’s members are struggling, both ideologically and practically, to uphold the foundations on which legitimate intervention rests, such as the protection of human rights and good governance. The fact that many members are also among the poorest countries in the world adds to the challenges facing the AU. A lack of human and material resources leads to a situation where few countries are willing, or able, to support a long-term commitment to humanitarian interventions. Bad planning and unclear mandates also limit the effectiveness of the interventions. This leaves the AU strongly dependent on regional powerbrokers such as Nigeria and South Africa, which in itself creates new problems in regard to the motivations behind interventions. The current AU charter does not provide sufficient checks and balances to ensure that national interests are not furthered through humanitarian interventions. The lack of resources within the AU also generates worries over what pressure foreign nations and other international actors apply through donor funding. It is impossible for the principle of “local solutions for local problems? to gain ground while this donor conditionality exists.The future of the AU peace and security regime is not established since it still is a work in progress. The direction that these developments will take depends on a wide verity of factors, many of which are beyond the immediate control of the AU.
40
Tsang, Shui-lung 1960. "War and peace in northern Sung China: Violence and strategy in flux, 960-1104 A.D." Diss., The University of Arizona, 1997. http://hdl.handle.net/10150/282422.
Повний текст джерелаАнотація:
This dissertation focuses on a critical factor in historical transformation of medieval China-the dilemma between war and peace. Not only does this dissertation provide a brief and comprehensive account on conflicts, battles, and treaties, but it observes the attitude toward violence and the track of searching peace during Tenth and Eleventh Century China as well. Borrowing the concept of peace by modern scholars studying grand strategy, strategic culture, and pacifism, I regard peace as realistic strategic option, institutionalized establishment, consent behavior mode, and multi-oriented culture. My discussion begins with the exhausting campaigns of the T'ang in Central Asia and the ensuing civil war during the Ninth and Tenth centuries, arguing the Sung non-active posture in external adventure as a conscious avoidance of excessive violence. The relative success of the Sung policy saw in the peace annexation of the Wu-Yueh Kingdom and the conclusion of the Peace of 1005 between the Sung and Liao with modest cost. In addition, the early Sung rulers firmly controlled the military machinery and prevented war-making by internal and institutional causes. Nevertheless, the existing institutionalized peace between the Sung and Liao did not create a norm of behavior and prevent violence proliferation. Unable to contain the Tangut expansionism, the Sung was compelled to reinstate aggressive grand strategy, relieving constrain on its war machinery. Strategic imperative stimulated career military service of the Sung civil officials and gave room to the voice of pragmatic expansionism. Sung military achievement culminated in the success of rearmament during the reform of Wang An-shih. However, the ensuing war eventually ravaged the Sung empire, its opportunity for a great leap toward a pre-modern world missed.
41
Sule, Attila. "The European Union in peace operations : limits of policy-making and military implementation." Thesis, Monterey, California. Naval Postgraduate School, 2003. http://hdl.handle.net/10945/1061.
Повний текст джерелаАнотація:
Approved for public release; distribution is unlimitedThe 1992 European Union (EU) Common Foreign and Security Policy (CFSP, Maastricht Treaty) marked a turning point in the trans-Atlantic relationship. The Balkan conflicts and broader political changes in the 1990s compelled the EU to assume more responsibility in peace operations. The EU's 60,000 strong Rapid Reaction Force (RRF) is planned to be operational in 2003. Will the EU be able to conduct Petersberg-type peace operations? This thesis analyzes policy and military shortfalls of the Balkan peacekeeping effort. Questions about the legitimacy of armed humanitarian interventions, about difficulties in common policy formulation and translation to sound military objectives are the core problems of civil-military relations in European peace operations. The case studies focus on the EU failure to resolve the Bosnian crises between 1992-95, and on the gaps between NATO policies and military objectives in the operations of 'Implementation Force' in Bosnia and 'Allied Force' in Kosovo. The thesis considers developments in EU CFSP institutions and EU-NATO relationship as well as the EU's response to terrorist attacks on September 11 2001. The thesis argues that the difficulty in EU CFSP formulation limits the effective use of RRF in military operations.
Major, Hungarian Army
42
Higgs, Bryn. "The International Criminal Court’s intervention in the Lord’s Resistance Army war: impacts and implications." Thesis, University of Bradford, 2016. http://hdl.handle.net/10454/12741.
Повний текст джерелаАнотація:
This thesis argues that the International Criminal Court (ICC) brings a new more deontological paradigm to international interventions, founded upon the universal application of legal principle, and displacing consequentialist notions of justice linked to human rights. Based upon the Court’s Statute and mode of operations, it is argued that this is associated with assumptions concerning the ICC’s primacy, military enforcement, and theory of change. The consequences of this development in volatile contexts are demonstrated.
The case study, founded upon analysis from the war-affected community, examines the impact of the International Criminal Court in the Lord’s Resistance Army war, and reveals the relationship between criminal justice enforcement, and community priorities for peace and human rights. On the basis of evidence, and contrary to narratives repeated but unsubstantiated in the literature, it demonstrates that in this case these two imperatives were in opposition to one another. The Court’s pursuit of retributive legal principle was detrimental to the community’s interests in peace and human rights. The subsequent failure of the ICC’s review process to interrogate this important issue is also established.
The research establishes that statutory and operational assumptions upon which Court interventions are based do not hold in volatile contexts. For the case study community and elsewhere, this has had adverse impacts, with significant implications for the ICC. The findings indicate that if these issues are not fundamentally addressed, principled international criminal justice enforcement in volatile environments will continue to have profoundly negative human rights consequences.
43
Palmcrantz, Conrad. "Women’s war and Women’s justice : A legal feminist analysis of the Colombian Special Jurisdiction for Peace." Thesis, Stockholms universitet, Juridiska institutionen, 2020. http://urn.kb.se/resolve?urn=urn:nbn:se:su:diva-181618.
Повний текст джерелаАнотація:
In 2016, the Colombian government and the FARC-EP guerilla signed a historic peace agreement. After decades of internal armed struggle, the two parties have settled on terms that, hopefully, will allow Colombia to transit from wartime to peacetime. A substantial part of the peace agreement centers on how to adjudicate previous wrong-doings and bring perpetrators of conflict-related crimes to justice. For this purpose, the parties have created a temporary court system called the Special Jurisdiction for Peace (Jurisdicción Especial para la Paz (JEP)). There are several remarkable aspects of the JEP and its legal mandate. However, this thesis focuses on the court’s explicit gender-based approach (enfoque de género). Through applying an international legal feminist method, the thesis establishes how the JEP functions, and how it takes account of gendered aspects. As a second step, the JEP is evaluated in light of international standards. The author concludes that the gender-based approach is in line with international norms on gender and transitional justice. As to equal participation, the JEP has a gender-balanced bench of magistrates, and it has launched a victims’ protection program that expressly focuses on gender-based violence. Furthermore, the JEP has incorporated procedural guarantees to prevent the re- traumatization of victims and witnesses. Additionally, the amnesty provisions of the JEP avoid impunity for gender-based crimes. Nevertheless, there are aspects of the JEP that limit the reach of the gender- based approach. Firstly, the JEP will focus on conflict-related public violence, and it lacks jurisdiction over intra-family private violence. Secondly, the court tends to center its attention on sexual violence and does not grant other forms of gender- based violence the same attention. However, these limitations are not unique for the JEP, and similar issues are found in international standards.
44
Higgs, Bryn. "The International Criminal Court's intervention in the Lord's Resistance Army war : impacts and implications." Thesis, University of Bradford, 2016. http://hdl.handle.net/10454/12741.
Повний текст джерелаАнотація:
This thesis argues that the International Criminal Court (ICC) brings a new more deontological paradigm to international interventions, founded upon the universal application of legal principle, and displacing consequentialist notions of justice linked to human rights. Based upon the Court’s Statute and mode of operations, it is argued that this is associated with assumptions concerning the ICC’s primacy, military enforcement, and theory of change. The consequences of this development in volatile contexts are demonstrated. The case study, founded upon analysis from the war-affected community, examines the impact of the International Criminal Court in the Lord’s Resistance Army war, and reveals the relationship between criminal justice enforcement, and community priorities for peace and human rights. On the basis of evidence, and contrary to narratives repeated but unsubstantiated in the literature, it demonstrates that in this case these two imperatives were in opposition to one another. The Court’s pursuit of retributive legal principle was detrimental to the community’s interests in peace and human rights. The subsequent failure of the ICC’s review process to interrogate this important issue is also established. The research establishes that statutory and operational assumptions upon which Court interventions are based do not hold in volatile contexts. For the case study community and elsewhere, this has had adverse impacts, with significant implications for the ICC. The findings indicate that if these issues are not fundamentally addressed, principled international criminal justice enforcement in volatile environments will continue to have profoundly negative human rights consequences.
45
Wollbrink, Stephan [Verfasser]. "A Violation of International Law as a Necessary Element of a "Threat to the Peace" under the UN Charter / Stephan Wollbrink." Baden-Baden : Nomos Verlagsgesellschaft mbH & Co. KG, 2014. http://d-nb.info/1108809421/34.
Повний текст джерела
46
Ruhweza, Daniel Ronald. "Situating the place for traditional justice mechanisms in international criminal justice : a critical analysis of the implications of the Juba Peace Agreement on Reconciliation and Accountability." Thesis, University of Kent, 2016. https://kar.kent.ac.uk/56646/.
Повний текст джерелаАнотація:
On the 29th of June 2007, the representatives of the Government of Uganda (GoU) and the representatives of the Lord's Resistance Army/Movement rebels (LRA/M) signed an Agreement on Reconciliation and Accountability (AAR). The AAR provided for the use of both International Criminal Law (ICL) and Traditional Justice Mechanisms (TJMs) as part of the framework on accountability and reconciliation due to the conflict in Northern Uganda. Since warrants of arrest had already been issued against the top leaders of the LRA/M prior to the signing of this AAR, a rift arose between those who supported the ICC and those who supported the AAR. The former group argued that the AAR was promoting impunity while the latter group viewed the AAR as a vehicle for a sustainable post conflict transition. This project argues that a critical legal pluralist interpretive framework (CLP) for implementing Agenda Item III of the Juba peace accord is more responsive to the complexities of Uganda's history and politics than the interpretive frameworks of mainstream international criminal law (ICL) or traditional legal pluralism (TLP). In adopting a CLP interpretive framework, critics of the AAR will be able to see that the AAR is not promoting impunity.
47
Deutscher, Charles J. H. "Privatizing peacekeeping : the regulatory preconditions for an international legal regime on the use of private military firms in United Nations peace operations /." View online via SSRN, 2008. http://ssrn.com/AbstractID=1224653.
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48
Spajić, Zdenko. "Intervention and war in a post-cold war world the view of Pope John Paul II on the conflicts in Croatia and Bosnia-Herzegovina (1991-1995) /." Online full text .pdf document, available to Fuller patrons only, 2000. http://www.tren.com.
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McBrien, Tyler. "The Long Arm of the Law: Executive Overreach and the AUMF." Scholarship @ Claremont, 2014. http://scholarship.claremont.edu/cmc_theses/934.
Повний текст джерелаАнотація:
Since World War II, the executive branch has dominated foreign policy and national security decisions, expanding war powers well beyond the president’s constitutional purview. Aided by a complicit Congress, the president has bypassed the legislator and unilaterally prosecuted some of the United States’ bloodiest conflicts. Continuing this tradition of executive overreach, Congress passed the Authorization for the Use of Military Force (AUMF) on September 14, 2001, which ostensibly empowered the president to pursue those responsible for the 9/11 attacks, namely al Qaeda and the nations supporting them. However, the broadly-worded force authorization and equally far-reaching legal interpretations by the executive branch turned the AUMF into a nearly limitless authorization. Since its passage, the AUMF has provided the legal backstop for the war in Afghanistan, drone strikes in Yemen, Somalia, Pakistan, and elsewhere, National Security Agency surveillance, and the Guantanamo Bay detention facility. Enabled by the AUMF, the “war on terror” has eroded civil liberties, allowed extrajudicial killings, and transformed the conflict with al Qaeda into a war without end. In order to end the destructive legacies of the war on terror and begin to reverse the trend of executive overreach, Congress and the president should repeal the AUMF and update the force authorization regime.
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Hellsten, Jesper. "In Pursuit of Responsibility : An Exploration of Derived Responsibility for Human Rights Violations in Peace Operations." Thesis, Försvarshögskolan, 2021. http://urn.kb.se/resolve?urn=urn:nbn:se:fhs:diva-9982.
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