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1. Human Rights Council Investigative Mechanisms and Mass Atrocity Prevention

Author:
Global Centre for the Responsibility to Protect
Publication Date:
11-2019
Content Type:
Policy Brief
Institution:
The Global Centre for the Responsibility to Protect
Abstract:
Since the principle of the Responsibility to Protect (R2P) was unanimously adopted at the 2005 UN World Summit, the international community has looked to the UN Security Council in New York to respond when a government has been unwilling or unable to protect its population from war crimes, crimes against humanity, genocide or ethnic cleansing. Paragraphs 138-139 of the World Summit Outcome Document recognize the Security Council’s unique role with regard to upholding the international community’s responsibility to protect as the body primarily responsible for the maintenance of international peace and security. However, the Human Rights Council (HRC) and other Geneva-based mechanisms are also essential for preventing atrocity crimes. Since systematic or widespread human rights violations serve as early warning signs of possible atrocities, Geneva-based mechanisms are often the first to raise the alarm regarding situations where violations and abuses threaten to deepen or deteriorate. Such mechanisms play an important role in enabling the international community to assist states in preventing mass atrocities (R2P’s Pillar II) and respond in a timely and decisive manner to atrocity risks (Pillar III).
Topic:
Human Rights, International Law, Responsibility to Protect (R2P), UN Security Council, and Atrocities
Political Geography:
United Nations and Global Focus

2. R2P and Outcomes of the Human Rights Council’s 41st Session

Author:
Global Centre for the Responsibility to Protect
Publication Date:
07-2019
Content Type:
Special Report
Institution:
The Global Centre for the Responsibility to Protect
Abstract:
The 41st regular session of the Human Rights Council (HRC) was held in Geneva between 24 June and 12 July 2019. As the primary international human rights body, the Human Rights Council has the capacity to prevent and respond to mass atrocity crimes, as systematic violations and abuses of human rights can be potential indicators of genocide, war crimes, crimes against humanity or ethnic cleansing. The summary below highlights major outcomes and relevant dialogues from the 41st session as they relate to the Responsibility to Protect (R2P) populations from such crimes. As part of the session, the Netherlands and Rwanda delivered two statements on behalf of members of the Group of Friends of R2P.
Topic:
Human Rights, International Law, Responsibility to Protect (R2P), Atrocities, and UN Human Rights Council (HRC)
Political Geography:
Philippines, Democratic Republic of the Congo, United Nations, Syria, Netherlands, Rwanda, and Eritrea

3. Summary of the Report of the UN Secretary-General on the Responsibility to Protect: Lessons Learned for Prevention

Author:
Global Centre for the Responsibility to Protect
Publication Date:
06-2019
Content Type:
Special Report
Institution:
The Global Centre for the Responsibility to Protect
Abstract:
The eleventh report of the UN Secretary-General on the Responsibility to Protect (R2P) emphasizes the important role of prevention. The report takes stock of a range of measures that individual states and the international community can undertake while upholding their preventive responsibilities based upon best practices since the adoption of R2P at the 2005 UN World Summit. While acknowledging a growing number of contemporary atrocity situations around the world, the Secretary-General cautions that “there is a growing gap between our words of commitment and the experience of protecting vulnerable populations.” The report offers a number of practical policy suggestions based upon experiences of the last decade and serves as a call to action for member states and international institutions.
Topic:
International Cooperation, International Law, Responsibility to Protect (R2P), and Atrocities
Political Geography:
United Nations and Global Focus

4. R2P and Outcomes of the Human Rights Council’s 40th Session

Author:
Global Centre for the Responsibility to Protect
Publication Date:
03-2019
Content Type:
Special Report
Institution:
The Global Centre for the Responsibility to Protect
Abstract:
The 40th regular session of the Human Rights Council (HRC) was held in Geneva between 25 February and 22 March 2019. As the primary international human rights body, the Human Rights Council has the capacity to prevent and respond to mass atrocity crimes, as systematic violations and abuses of human rights can be potential indicators of genocide, war crimes, crimes against humanity or ethnic cleansing. The summary below highlights major outcomes and relevant dialogues from the 40th session as they relate to the Responsibility to Protect (R2P) populations from such crimes. As part of the session, the Netherlands delivered a statement on behalf of members of the Group of Friends of R2P.
Topic:
International Law, State Violence, Responsibility to Protect (R2P), Atrocities, and UN Human Rights Council (HRC)
Political Geography:
Middle East, Israel, North Korea, Palestine, United Nations, Nicaragua, Syria, Myanmar, South Sudan, and Global Focus

5. A Decisive Vote for Humanitarian Support in Syria

Author:
Dana Stroul and Charles Thépaut
Publication Date:
12-2019
Content Type:
Policy Brief
Institution:
The Washington Institute for Near East Policy
Abstract:
Renewing the UN cross-border mechanism is crucial to helping millions of needy Syrian civilians, preventing Russia and Assad from weaponizing aid deliveries, and safeguarding future international assistance efforts. On December 19, the UN Security Council is expected to vote on the renewal of Resolution 2449, which authorizes the delivery of cross-border humanitarian aid to Syrians without the Assad regime’s permission. The outcome will determine whether the regime is allowed to approve and entirely control who receives UN aid, and in what areas of the country it is available. If the resolution is not renewed, aid delivery will become yet another tool for shifting the war’s trajectory in President Bashar al-Assad’s favor, with dire implications for civilians living in areas not under regime control. The recent Security Council debate over the resolution reflects broader developments inside Syria. Russia has coordinated with China to argue that current battlefield trends are in the regime’s favor, attempting to use the aid debate as a means of coercing political recognition of Assad. Others have proposed adding a fifth crossing along the northern border at Tal Abyad to address the increased needs of Syrian civilians trapped in the latest Turkish military operation. UN Security-General Antonio Guterres has recalled how essential the mechanism is to reaching people in need.
Topic:
Foreign Policy, Humanitarian Aid, International Law, United Nations, and Syrian War
Political Geography:
Middle East, United Nations, Syria, and United States of America

6. R2P and Outcomes of the Human Rights Council’s 39th Session

Author:
Global Centre for the Responsibility to Protect
Publication Date:
10-2018
Content Type:
Special Report
Institution:
The Global Centre for the Responsibility to Protect
Abstract:
The 39th regular session of the Human Rights Council (HRC) was held in Geneva between 10 and 28 September 2018. As the primary international human rights body, the Human Rights Council has the capacity to prevent and respond to mass atrocity crimes, as systematic violations and abuses of human rights can be potential indicators of genocide, war crimes, crimes against humanity or ethnic cleansing. The summary below highlights major outcomes and relevant dialogues from the 39th session as they relate to the Responsibility to Protect (R2P) populations from such crimes. As part of the session, the Netherlands delivered two statements on behalf of 49 members of the Group of Friends of R2P.
Topic:
International Law, Responsibility to Protect (R2P), Atrocities, and UN Human Rights Council (HRC)
Political Geography:
Africa, Middle East, Asia, South America, United Nations, Central America, and Global Focus

7. R2P and Outcomes of the Human Rights Council 37th Session

Author:
Global Centre for the Responsibility to Protect
Publication Date:
04-2018
Content Type:
Special Report
Institution:
The Global Centre for the Responsibility to Protect
Abstract:
The 37th regular session of the Human Rights Council (HRC) was held in Geneva between the 26 February and 23 March 2018. As the primary international human rights body, the Human Rights Council has the capacity to prevent and respond to mass atrocity crimes, as systematic violations and abuses of human rights can be an indicator of potential genocide, war crimes, crimes against humanity or ethnic cleansing. The summary below highlights major outcomes and relevant dialogues from the 37th session as they relate to the Responsibility to Protect (R2P) populations from such crimes. As part of the session, the Netherlands and Rwanda delivered two statements on behalf of the fifty-one members of the Group of Friends of R2P.
Topic:
International Law, Elections, Atrocities, and UN Human Rights Council (HRC)
Political Geography:
United Nations and Global Focus

8. Notes for the Next UN Secretary-General

Author:
Simon Adams
Publication Date:
10-2016
Content Type:
Commentary and Analysis
Institution:
The Global Centre for the Responsibility to Protect
Abstract:
The United Nations faces an existential crisis. The norms that bind and ‘safeguard humanity’ are currently under threat. The deliberate bombing of hospitals and the indiscriminate killing of civilians has become almost routine in Syria and several other conflicts. Numerous governments and murderous non-state actors (like isis or Boko Haram) are defying international humanitarian and human rights law. This article argues that the solution to the current global exigency and a central challenge facing the next Secretary-General is to achieve an equilibrium shift away from crisis response and towards conflict prevention. This is especially true with regard to preventing mass atrocity crimes (genocide, war crimes, crimes against humanity and ethnic cleansing). Historically, no single issue has done more to tarnish the reputation of the un than the failure to halt atrocities. Under a committed Secretary-General, the un has unique capacity to prevent these crimes.
Topic:
International Law, Displacement, Conflict, Violence, and Responsibility to Protect (R2P)
Political Geography:
United Nations, Syria, and Global Focus

9. Shifting Sands: Power, Uncertainty and the Form of International Legal Cooperation

Author:
Timothy Meyer
Publication Date:
01-2016
Content Type:
Journal Article
Abstract:
This article argues that the form of international agreements – binding hard law agreements versus non-binding soft law agreements – can be partially explained by states’ interests in promoting renegotiation in the presence of uncertainty and shifting power. I make this argument in three steps. First, I explain that states regularly use unilateral non-compliance as a renegotiation strategy. Second, I argue that making an agreement soft facilitates this use of unilateral non-compliance. Third, I analyse the conditions – uncertainty characterized by common interests (but not uncertainty characterized by distributive concerns) and shifting power – under which facilitating renegotiation through soft law will appeal to states. In particular, I argue that in the presence of these conditions preventing renegotiation creates long-term costs for states that can inhibit short-term cooperation. In effect, under these conditions the shadow of the future can inhibit cooperation rather than support it, as is conventionally thought. These conditions are common to many major contemporary subjects of international cooperation in a way they were not during the latter half of the 20th century, partially explaining the increased importance of soft law to contemporary international governance.
Topic:
International Relations, International Law, International Trade and Finance, Treaties and Agreements, and United Nations
Political Geography:
Europe, United Nations, and Global Focus

10. Shifting Sands: Power, Uncertainty and the Form of International Legal Cooperation

Author:
Timothy Meyer
Publication Date:
01-2016
Content Type:
Journal Article
Abstract:
This article argues that the form of international agreements – binding hard law agreements versus non-binding soft law agreements – can be partially explained by states’ interests in promoting renegotiation in the presence of uncertainty and shifting power. I make this argument in three steps. First, I explain that states regularly use unilateral non-compliance as a renegotiation strategy. Second, I argue that making an agreement soft facilitates this use of unilateral non-compliance. Third, I analyse the conditions – uncertainty characterized by common interests (but not uncertainty characterized by distributive concerns) and shifting power – under which facilitating renegotiation through soft law will appeal to states. In particular, I argue that in the presence of these conditions preventing renegotiation creates long-term costs for states that can inhibit short-term cooperation. In effect, under these conditions the shadow of the future can inhibit cooperation rather than support it, as is conventionally thought. These conditions are common to many major contemporary subjects of international cooperation in a way they were not during the latter half of the 20th century, partially explaining the increased importance of soft law to contemporary international governance.
Topic:
International Law, International Trade and Finance, Treaties and Agreements, and United Nations
Political Geography:
Europe, United Nations, and Global Focus

11. Conflict in Cyberspace: How International Legal Norms Can Reduce Military Escalation in Cyberspace

Author:
Nikolas Ott
Publication Date:
09-2015
Content Type:
Journal Article
Journal:
Fletcher Security Review
Institution:
The Fletcher School, Tufts University
Abstract:
This paper examines the current technical and legal considerations around the development of international legal norms and confidence-building measures in cyberspace. With an emphasis on state-based armed attacks and the use of force in cyberspace, it summarizes the current status of international efforts within the United Nations and several regional organizations. The paper concludes with several suggestions on how policymakers can reduce the gap between technological and legal considerations.
Topic:
International Law, Military Affairs, and Cybersecurity
Political Geography:
United Nations, North America, and United States of America

12. Settler-State Political Theory, 'CANZUS' and the UN Declaration on the Rights of Indigenous Peoples

Author:
Kirsty Gover
Publication Date:
04-2015
Content Type:
Journal Article
Abstract:
When the UN General Assembly voted in 2007 to adopt the Declaration on the Rights of Indigenous Peoples (UNDRIP), only Australia, Canada, New Zealand and the USA cast negative votes. This article argues that the embedding of indigenous jurisdictions in the constitutional orders of these states via negotiated political agreements limits their capacity to accept certain provisions of the UNDRIP. Once the agreement-making process is set in motion, rights that do not derive from those bargains threaten to undermine them. This is especially true of self-governance and collective property rights, which are corporate rights vested to historically continuous indigenous groups. Since these rights cannot easily be reconciled with the equality and non-discrimination principles that underpin mainstream human rights law, settler governments must navigate two modes of liberalism: the first directed to the conduct of prospective governance in accordance with human rights and the rule of law and the second directed to the reparative goal of properly constituting a settler body politic and completing the constitution of the settler state by acquiring indigenous consent. Agreements help to navigate this tension, by insulating indigenous and human rights regimes from one another, albeit in ways not always supported by the UNDRIP.
Topic:
Human Rights, International Law, United Nations, and Governance
Political Geography:
Europe, Canada, United Nations, Australia, New Zealand, and United States of America

13. State Formation, Liberal Reform and the Growth of International Organizations

Author:
Guy Fiti Sinclair
Publication Date:
04-2015
Content Type:
Journal Article
Abstract:
This article argues that the growth of international organizations over the past century has been imagined and carried out in order to make modern states on a broadly Western model. The proliferation of international organizations and the expansion of their legal powers, through both formal and informal means, raise profound questions regarding the relationship between international law’s reforming promise and its imperialist perils. The article proposes a new analytic framework for understanding these phenomena, focusing on the rationalities of international organizations’ powers and the technologies through which they are made operable. It argues that both the growth of international organizations and the cultural processes of state formation are impelled by a dynamic of liberal reform that is at once internal and external to law. That dynamic and the analytic framework proposed here are both illustrated and exemplified through a critical account of the emergence of international organizations in the 19th century.
Topic:
Imperialism, International Law, International Organization, History, and State Formation
Political Geography:
Europe and United Nations

14. James C. Hathaway, Michelle Foster. The Law of Refugee Status

Author:
Rosemary Byrne
Publication Date:
04-2015
Content Type:
Journal Article
Abstract:
The claims made by migrants seeking protection under the 1951 Convention Relating to the Status of Refugees (Refugee Convention) have created a staggering body of state practice emerging from the interpretation by national courts of what is the earliest universal human rights treaty. The first edition of James Hathaway’s The Law of Refugee Status, alongside Guy Goodwin-Gill and Jane McAdam’s The Refugee in International Law, is one of the essential texts on every refugee lawyer’s bookshelf. Now in its second edition, co-authored by Hathaway and Michelle Foster, The Law of Refugee Status is likely to maintain its standing.
Topic:
International Law, Treaties and Agreements, United Nations, Refugees, and Courts
Political Geography:
Europe, United Nations, and Mediterranean

15. The Limits of Legality and the United Nations Security Council: Applying the Extra-Legal Measures Model to Chapter VII Action

Author:
Devon Whittle
Publication Date:
07-2015
Content Type:
Journal Article
Abstract:
The United Nations Security Council (UNSC) is, in many ways, a unique institution. It exercises legislative, judicial and executive powers; operates with few legally binding checks and balances and has even been described as being ‘unbound by law’. The Council has broad powers to maintain international peace and security, most notably under Chapter VII of the UN Charter, and its decisions are binding on UN members. At the same time, some of the Council’s actions have been labelled as ultra vires and the lack of a binding, legal oversight mechanism to reign in Council action has been decried. Accepting that there is a difficulty in imposing legally binding checks and balances on the UNSC, this article argues that approaching the Council’s Chapter VII powers as a form of emergency powers may help to illuminate the role that non-legal restraints can play in curbing its power. In particular, this article uses Oren Gross’ ‘extra-legal measures model’ to conceptualize the Chapter VII regime and restraints upon it. It shows how the extra-legal measures model offers a descriptive account of UNSC action under Chapter VII and then builds on the gaps in the application of the model to the Council to highlight areas for the development of better restraints, in particular, in areas that may be missed by a traditional legal analysis.
Topic:
International Law, United Nations, International Security, and Peacekeeping
Political Geography:
Europe and United Nations

16. Applying the Extra-Legal Measures Model to Humanitarian Interventions: A Reply to Devon Whittle

Author:
Oren Gross
Publication Date:
07-2015
Content Type:
Journal Article
Abstract:
In ‘The Limits of Legality and the United Nations Security Council: Applying the Extra-Legal Measures Model to Chapter VII Action’, Devon Whittle analogizes the United Nations Security Council’s Chapter VII powers to domestic emergency powers. He then seeks to apply the extra-legal measures (ELM) model of emergency powers, which I developed some 20 years ago, to exercise by the Council of its Chapter VII powers. This brief comment seeks to expand the discussion of ELM in international affairs beyond the collective security system by exploring the application of ELM in the setting of unilateral humanitarian intervention.
Topic:
International Law, Treaties and Agreements, United Nations, International Security, and Humanitarian Intervention
Political Geography:
Europe, Kosovo, United Nations, and Syria

17. Evelyne Schmid. Taking Economic, Social and Cultural Rights Seriously in International Criminal Law

Author:
Mara Tignino
Publication Date:
07-2015
Content Type:
Journal Article
Abstract:
Evelyne Schmid’s new book, Taking Economic, Social and Cultural Rights Seriously in International Criminal Law, aims to provide a bridge between developing practice and existing knowledge. At the heart of her book lies the question of how, or to what extent, violations of ESCR are addressed in international criminal proceedings and transitional justice mechanisms. She criticizes the current marginalization of ESCR abuses in scholarship on international criminal law and bemoans the reality that ‘efforts to address the legacy of widespread human rights abuses display a bias towards civil and political rights’. While some have argued for an expansion of international criminal law to account more directly for violations of ESCR, Schmid claims such an expansion is unnecessary; in her view, such violations already fall within the scope of international crimes.
Topic:
Genocide, Human Rights, International Law, United Nations, War Crimes, Courts, and Transitional Justice
Political Geography:
Europe, North Korea, Cambodia, United Nations, and Myanmar

18. Contradiction in International Law

Author:
Angela Bunch
Publication Date:
04-2014
Content Type:
Journal Article
Journal:
Americas Quarterly
Institution:
Council of the Americas
Abstract:
Indigenous peoples' control over natural resources continues to be one of the most controversial issues in international law. Numerous international human rights treaties recognize Indigenous communities' right to be consulted over the use of resources on or beneath their communal lands. But international law tends to consider third parties' exploitation of natural resources on Indigenous land to be legal—as long as Indigenous rights to consultation, participation and redress, among other rights, are met.
Topic:
International Law
Political Geography:
United Nations

19. The Transparency Rules and Transparency Convention: A good start and model for broader reform in investor-state arbitration

Author:
Lise Johnson
Publication Date:
07-2014
Content Type:
Working Paper
Institution:
Columbia Center on Sustainable Investment
Abstract:
In July 2013, after nearly three years of work, the United Nations Commission on International Trade Law (UNCITRAL) adopted a set of arbitration rules that will help open some investor-state arbitrations to public view. The UNCITRAL Rules on Transparency in Treaty-based Investor-State Arbitration (Transparency Rules) were crafted with input from governments, academics, arbitration practitioners, and non-governmental organizations, and approved by consensus by the member states. When applied, the Transparency Rules will require disclosure of information submitted to, and issued by, arbitral tribunals throughout proceedings, mandate open hearings and expressly allow for participation by non-parties to a dispute. The Transparency Rules also guard against disclosure of confidential information and establish a repository in which all information will be published.
Topic:
International Law, International Trade and Finance, and Treaties and Agreements
Political Geography:
United Nations

20. What Future for Human Rights?

Author:
James W. Nickel
Publication Date:
08-2014
Content Type:
Journal Article
Abstract:
Like people born shortly after World War II, the international human rights movement recently had its sixty-fifth birthday. This could mean that retirement is at hand and that death will come in a few decades. After all, the formulations of human rights that activists, lawyers, and politicians use today mostly derive from the UN Universal Declaration of Human Rights, and the world in 1948 was very different from our world today: the cold war was about to break out, communism was a strong and optimistic political force in an expansionist phase, and Western Europe was still recovering from the war. The struggle against entrenched racism and sexism had only just begun, decolonization was in its early stages, and Asia was still poor (Japan was under military reconstruction, and Mao's heavy-handed revolution in China was still in the future). Labor unions were strong in the industrialized world, and the movement of women into work outside the home and farm was in its early stages. Farming was less technological and usually on a smaller scale, the environmental movement had not yet flowered, and human-caused climate change was present but unrecognized. Personal computers and social networking were decades away, and Earth's human population was well under three billion.
Topic:
Climate Change, Human Rights, Human Welfare, International Law, International Political Economy, Sovereignty, and International Affairs
Political Geography:
United States, Japan, China, Europe, Asia, and United Nations

21. The Future of Human Rights: A View from the United Nations

Author:
Andrew Gilmour
Publication Date:
08-2014
Content Type:
Journal Article
Abstract:
Ever since the Charter of the United Nations was signed in 1945, human rights have constituted one of its three pillars, along with peace and development. As noted in a dictum coined during the World Summit of 2005: "There can be no peace without development, no development without peace, and neither without respect for human rights." But while progress has been made in all three domains, it is with respect to human rights that the organization's performance has experienced some of its greatest shortcomings. Not coincidentally, the human rights pillar receives only a fraction of the resources enjoyed by the other two—a mere 3 percent of the general budget.
Topic:
Climate Change, Human Rights, Human Welfare, International Law, International Political Economy, Sovereignty, and International Affairs
Political Geography:
Europe and United Nations