Tag Archives: SecurityCouncil

Security Council Open Debate on the Rule of Law: Challenges and Solutions

5 Feb

On Wednesday, 30 January, a brief “Open Debate on the Rule of Law” was held in the Security Council. There was not an extensive conversation by Council members or non-members of the Security Council. The meeting was called to order by the Pakistani Ambassador who currently holds the presidency this month, while UN Deputy Secretary-General, Jan Eliasson, was invited to present a statement on the rule of law.

Rule of law is essentially meant to decrease conflict as well as decrease the probability of relapse into further conflict thereby directly contributing to both conflict resolution and recidivism prevention.

As a general theme, Mr. Eliasson reinforced the importance of promoting rule of law in international peace and security, as well as in conflict and post-conflict situations. By promoting and implementing international norms and standards, exemplary in 18 of the 23 current peacekeeping missions adopting provisions for the rule of law in their mandates, Mr. Eliasson reiterated the UN’s commitment to the advancing of the rule of law as formal international law.

The statement from the Deputy Secretary-General highlighted the Security Council’s approach, which compliments the mandates of the UNDP, UNHCR, and individual governments, in increasing the legitimacy of the rule of law.

Challenges

The Security Council recognizes the challenges of broad acceptance and implementation of the rule of law within peacekeeping operations, as well as the difficulties in measuring, collecting and analyzing data in areas of intervention. Better collection of baseline data also proves to be a challenge, especially in an environment where impact and change is difficult to measure, and where impact tends to be uneven. It can also be difficult to identify which factors can be credited in situations of success.

The UN Security Council believes that enhancing field leadership can be used to carry out, and measure programs in respective areas, through continued systematic collection and analyzing of data.

Solutions Identified by the Security Council

• Coordinate support to the field through UNDP and UNHCR area programs.
• Evaluate the impact of work already done and create baseline data to measure progress.
• Recognize and place more importance on national ownership.
• Increase data collection in conflict and post-conflict states to strengthen the rule of law.
• Increase planning and prioritize in order to mitigate future risks.

Examples of Progress Made Using Data Collected

• Thus far, UNDP has been working in Haiti, Liberia and South Sudan to incorporate rule of law indicators such as, law enforcement and transformation measures.
• In Malawi, UNDP supported a baseline study, which has been used to shape the Government’s Democratic Governance Reform Strategy.
• In Bosnia and Herzegovina, data collected through public surveys have been used to develop National Transitional Justice Strategies.
• UNDP is expected to publish a “Users Guide to Measuring Rule of Law, Justice and Security Programs,” next year.
• The Department of Peacekeeping Operations and the UNHCR has developed the UN Rule of Law Indicators Project, which allows governments to gather information on law enforcement, the prison system and to measure and track changes over time.

Examples of Progress Made Through the United Nations, Individual Country and NGO Collaboration

• In Côte d’Ivoire, the Ministry of Justice, in conjunction with the UN peacekeeping mission, has reopened 17 courts and 22 prisons.
• The UN stabilization mission in Haiti has opened 18 legal aid offices.
• The Serbian government, in conjunction with local NGOs, has provided 20, 000 Roma with official documents to prevent them from becoming stateless. Furthermore, 250 individuals have been indicted by the International Criminal Tribunal for war crimes, crimes against humanity and genocide, and more than 120 individuals have been convicted.

Overall, the United Nations Security Council has taken a holistic approach to development, justice and security by including rule of law in conflict and post-conflict situations, and by developing tools and systems to help states advance in this area. Continued collection of data will support national policymaking efforts as well as increase country responsibility, ownership and accountability. Current field initiatives are helping to deliver justice, and keep countries on track to building and achieving stability.

—Shari Smith

Shari is a new intern with Global Action for the spring semester.

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Germany as a Non-Permanent Member of the UN Security Council: An Evaluation

16 Jan

The Coordinator of our Media Initative (Matching:Points), Ms. Lia Petridis Maiello, recently authored an article detailing and evaluating the role of Germany as a non-permanent member of the Security Council over the last two years. Germany just completed its tenure in December 2012. She evaluates the issue-specific work of Germany in the following areas: Afghanistan; Children and Armed Conflict; Al-Qaida and Taliban sanctions; Non-proliferation of weapons of mass destruction and disarmament; Climate and Security; Libya; and Assessment.

An excerpt from her article is below with access to her full evaluation available here.

“In the past two years, the German government has been represented as a non-permanent member at the United Nations Security Council (UNSC). Despite a closely defined scope reserved for non-permanent members at the SC, the European middle power managed to inject new momentum and nuance to both established and new policy concepts. Following the departure of Germany from the SC and with the beginning of the new year, the inventories and analyses begin, particularly with regard to the perception of Germany by its international partners at the UN.

The last public meeting of the SC on international peace building just before Christmas, gave theoutgoing German Ambassador to the United Nations, Peter Wittig, once again the opportunity to thank the German partners for the excellent cooperation within the Security Council – with a subtle tone of melancholy in his voice. Wittig can be sure of his popularity among colleagues in the diplomatic circles of New York City. He is regarded as an “extraordinarily competent,” “objective,” “humble,” and a “very kind” representative. Many regret his departure and appreciate the Ambassador’s savoir vivre, a feature oftentimes missing in the German Foreign Minister Guido Westerwelle.”

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Security Council Holds Open Debate on International Criminal Court

25 Oct

On 17 October the UN Security Council (SC) held an open debate on the subject “Peace and justice, with a special focus on the role of the International Criminal Court”. In addition to the five permanent members of the SC – China, France, Russian Federation, the United Kingdom and the United States – as well as the ten non-permanent members – Azerbaijan, Colombia, Germany Guatemala, India, Morocco, Pakistan, Portugal, South Africa and Togo -, UN Secretary General Ban Ki-moon, Judge and President of the International Criminal Court (ICC) Song Sang-Hyun, and a representative of the Office of the Prosecutor of the Court, Phakiso Mochochoko, also made statements at the debate. Many other non-members of the SC offered statements as well.

The majority of the speakers praised the good timing of the debate, as this year the Rome Statute, which established the ICC, celebrates its tenth anniversary. Furthermore, perhaps even more symbolic, Guatemala, which is presiding at the SC this month as president, is the latest state that has ratified the Statute. Therefore, at the initiative of Guatemala, this debate on peace and justice and the ICC was held this month. Many states, realizing the vitality and the sensitivity of the issue, expressed their wish to hear from the ICC at the SC on a more regular basis.

As Mr. Sang-Hyun and Mr. Mochochoko argued in their statements, and what was later on repeated by the vast majority of speakers at the debate, there cannot be peace without justice and there cannot be justice without peace. If the international community is aiming for sustainable peace, justice cannot be overshadowed and be seen as a secondary matter in any conflict resolution. As oftentimes justice has been sacrificed in order to reach peace, there is a prevailing “culture of impunity”  in many conflict-torn countries across the world. As General-Secretary Ki-moon noted, this is a new age of accountability and “the perpetrators can no longer be confident that their crimes will be unpunished”.

Another issue that was widely discussed among the speakers was the relationship between the SC and the ICC as well as their distinct mandates. While the UN SC is essentially a political body, which makes its decisions based often subjected to political aspirations and biases,, the ICC represents an international criminal law enforcement tool, which was set up to function completely independent and uninfluenced by the political currents often endemic in the SC. The separation of distinctive mandates is essential when speaking of referrals. When a state is not a party to the ICC, the SC, seeing that grave crimes have been committed and thus  a potential threat to an international peace and security has been identified, can refer the case to the ICC. The referral to the ICC should be impartial, therefore, as Pakistan pointed out, prepared with diligent scrutiny and never be a default process when an injustice occurs. On the other hand, the final decision would be made by the ICC whether to initiate an investigation or not.

Another issue widely addressed at the debate was the cooperation between the two institutions and how it should and could be improved. As non-SC members, such as New Zealand, Australia, Bangladesh and Lithuania pointed out, when the referral has been made, the SC has to act with the utmost commitment and support in order to make sure that the referral will be followed through upon. Failure in an execution of arrest warrants is a great example where there has been a lack of commitment.

Another important issue brought up during the debate was the Syrian case. Such states as Germany, the United Kingdom, Australia and Slovenia mentioned that mass breaches of human rights and grave atrocities against the Syrian population should be to the ICC. Keeping in mind how impotent the SC has been in acting on the Syrian case due seemingly intractable country positions, it would be unlikely to expect that this time things will go differently. Uruguay, on the other hand, brought up an important point – it raised a question, whether or not it would be fair and right if the permanent SC members would restrain from their veto power when dealing with such issues as crimes against humanity..

As international humanitarian law continues to gain more attention and legitimacy worldwide, the debate at the UN SC was timely and necessary. Many important issues have been addressed and the support that states declared for the ICC is encouraging and promising. A lot is still left to do to ensure global peace and justice, but fighting the “culture of impunity” and preventing future human rights violations through collaboration between the UN SC and the ICC is one of the ways to do it.

 

—Donata Saulyte

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That They May Like ‘US’

24 Sep

This is a guest blog post from one of our former interns, Nnamdi Iheakaram, Esq.

A foreign policy that is based on a state’s ability to project force will tend to pursue unilateralist goals. The immense benefit derivable from this strategy is evident when weaker states readily abandon non-essential legitimate claims rather than engage a state that has power advantage and the will to exploit that advantage.  Undeniably, it is well-known that war is more likely when conquest is easy.  However, the interest in question must be essential, such as the threat to a state’s sovereignty, to warrant any state risking the possibility of a direct military conquest. Because most interests are non-essential, it becomes attractive for stronger states to resort to their military might in the event of more essential threats to their interests.

The US has always had a power advantage which it has employed in securing its interests. Not long ago, in 2009, a new US foreign policy approach based on mutual respect of other states and their cultures was pitched to an enthralled audience in Cairo, Egypt. The goal was to reassure the Muslim community that the United States was not an enemy and that the new US government would seek to work closely with all peace loving states in ensuring international peace and security. To give effect to these declarations, the US government gave direct support to protesters all across North Africa and the Middle East during the 2010 Arab Spring and even called on the Egyptian President, an ally, to relinquish power as demanded by the protesters.

While this support may seem appropriate to passionate advocates who are committed to democracy and the self-governance of all people, an objective analysis of the situation may show that supporting a rebel movement that is not clear on its objectives, violates the laws of a legitimate government, and seeks military assistance to unseat a government, is itself unlawful and counterproductive. Accordingly, it was unwonted when the US called on its Egyptian ally to relinquish power as opposed to reestablishing effective control and initiating a constitutional review that would bring about a more representative government structured around the rule of law and secularism. But the US interference, which was based on a new commitment to democratic rule, was undermined by its inconsistent treatment of similarly situated states.

Thus, just as it was difficult to identify any supporters of the continuation of the government of Col. Muammar Qaddafi in Libya, it was equally difficult to identify any law that could support an intervention in Libya while requiring non-interference in Saudi Arabia. The reason is simple: the Libyan government had effective control of its territory while effective control in, for instance, a state likeSaudi Arabia was enabled by external interests. In the 2011 Libyan intervention, the Responsibility to Protect (R2P) concept, developed to avoid mass atrocity crimes, was tarnished as it appeared to have been adopted only to justify and legitimize interference in the domestic affairs of a state, which included removal of the head of that state, thereby exposing one of the fundamental flaws of the concept.  While Qaddafi had been accused of killing less than a thousand rebels at the time the “no-fly-zone” was imposed, commentators such as Jordan Street have been clear that “the bombing that NATO embarked upon to protect their initial mandate has also shown to be flawed due to the high mortality rates among civilians.”  .  The killing of Libyans, it appears, is justifiable when effected under an internationally approved political program.

This is the legal and moral quagmire that is encountered when scholars attempt to interpret popular rules or principles of international law without considering the historical backgrounds and the socioeconomic factors determining the purposes or grounds for their application. Accordingly, it is imperative that international action (or more specifically, intervention in states) be framed in a way that makes it consistent and predictable as opposed to flexible and heteronomous. The former (which is consistent and predictable) would ensure that US policies seek to maximize and protect US interests without undermining or diminishing the welfare of other states, while the latter (which is flexible and heteronomous) would ensure that US policies seek to maximize and protect US interests, largely regardless of consequences. The benefit of taking the first approach is that policies aimed at the maximization and protection of interests are not knowingly detrimental to other states and thus, are in line with international law , while the second approach brings about policies that use other states as means to the goal of maximization and protection of interests.

The recent attacks on US interests in Libya and elsewhere, call for concern for the safety of all diplomats. It is unacceptable that individuals representing their nation’s interests should be imperiled for the mere fact that they accepted a responsibility to serve a diplomatic purpose.. There is no justification for the protesters or anyone to take the lives of others on the righteous pretext that the uncivil and supposedly heretical actions of some bigoted, attention-seeking artists provided  sufficient provocation.

Matters regarding religion are emotive and until the denigration of the faith of others is discouraged by non-coercive measures, extremists of various faiths will actively continue to take matters into their own hands in defense of their beliefs. When economic grievances are rooted in sociopolitical problems that cannot be effectively and easily framed as a rallying cry for action, religion is employed as a tool for rallying otherwise diverse groups against an allegedly ‘common enemy.’  Whether such actions are justified is dependent upon the rationale or factuality of their grievance. But one fact remains indisputable, despite the high cost of the US involvement in the Middle East, there is a clear reluctance to adjust the current US Middle East policy. The implication is that conditions which will likely lead to the reoccurrence of violence persist.

While the West viewed the Arab Spring as an effort by an oppressed citizenry to  rid itself of autocratic leaders, anti-western elements viewed it as aimed at removing less effective Western political acolytes. Having declared the Arab Spring a success, it is unclear how a US Ambassador could be assassinated in Benghazi, a city that was the stronghold and capital of the US-supported rebel forces that fought against Qaddafi. What is not in dispute is that the West has interests in the Gulf and has chosen to selectively interfere in the affairs of states in order to secure those interests. The rationale for this position is subject to debate; however, it can be asserted that a legal, purpose-driven approach that seeks to protect the interests of all involved will be more effective in securing long-term peace than a value-driven approach that is subject to the whims and caprices of self-interested foreign interveners.

Thus, instead of trying to capitalize on the current violence for political purposes, US leaders must use the on-going presidential campaigns to develop, articulate and communicate a realistic and reassuring foreign policy aimed at absolute respect for the rule of law on the international scene and less reliance on force as a means of securing interests. Such a change ensuring that power is not an advantage and that weakness is not a disadvantage is necessary in persuading states like Iran and North Korea to abandon realist security measures which increase the risks of devastating  conflict. It is suggested that only a change in US policy will positively affect the perception and attitude of these states, not an increase in its military might.  The US must choose between the better peace that flows from its support for universally recognized, just policies or a fragile peace held together by the fear of its military might.. A just foreign policy may or may not improve the welfare of other states, but an unjust foreign policy will deliberately diminish the welfare of other states.

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ECOSOC Discusses the Women, Peace and Security Agenda

10 Aug

For those who followed the discussions of the 56th session of the Commission on the Status of Women (CSW) on the theme of “The Empowerment of Rural Women and their Role in Poverty and Hunger Eradication, Development and Current Challenges,”it was disappointing to see that there were no agreed recommendations. It was disappointing not only for the process, but also for what the lack of agreement says about the importance of the issues of rural women. CSW is part of the United Nations Economic and Social Council (ECOSOC) and is a global policy-making body focused on gender equality and the advancement of women. Annual meetings are held during which member states evaluate progress and establish global standards on these issues.

At the recent ECOSOC session, after a statement made by Ambassador Kamara of the Republic of Liberia who chaired the 56th session of CSW, member states discussed the progress that has been made with regard to mainstreaming a gender perspective into all policies and programs in the UN system. While many applauded the creation of UN Women and the work of the Committee on the Elimination of Discrimination against Women (CEDAW), states were nevertheless frustrated about missed opportunities and felt that much more work needed to be done to advance women’s rights. Mexico, El Salvador, the United States, Belarus, Israel, Australia, Indonesia, Argentina, and Japan all mentioned that the inability to reach consensus on rural women at the 56th session was disappointing. Some states indicated that working methods should be reevaluated. Many highlighted forms of gender-based violence and discrimination that they believed should be focus points moving forward.

Nonetheless, the discussion at the most recent ECOSOC session did not just focus on the CSW; a few draft resolutions were also passed but only one of these – Situation of and Assistance to Palestinian Women – was contested. The United States shared its commitment to support women in Palestine and improving the humanitarian situation, but also expressed concerns over how the situation in Gaza and the role of Hamas can be a barrier to women’s fundamental rights. Finally, the US was not satisfied with the status of the text and encouraged ECOSOC to look at mutual goals. Israel and Canada agreed that politicizing the situation of Palestinian women was not justified and reminded the Council of the many human rights violations attributed to Hamas. These states asserted that an ethical draft would have focused on supporting Palestinian women, and would have been written primarily to address the challenges they face. Palestine reiterated that Israeli occupation is a major difficulty for Palestinian women and girls. The draft passed with 30 votes in favor, 2 opposed, and 18 abstentions. By adopting the resolution, the Council encouraged the international community to take special note of the human rights of Palestinian women and girls and to increase measures to help these women and girls in the challenges they face.

Overall, while discussions on the advancement of women are always welcomed and there can never be too many, we hope that more issues will get on the ECOSOC agenda that are complementary to other issues in the UN system, especially as the 57th session of the CSW approaches with the theme of “Elimination and prevention of all forms of violence against women and girls.”

–Melina Lito and Henry Neuwirth

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The Question of Palestine: Divisions at the Top and Human Insecurity at the Bottom

31 Jul

The Security Council (SC) debated on 25 July 2012 whether or not Palestine could become a Member State of the United Nations in a debate entitled “The Question of Palestine.” Yet, the standard rhetoric clouded the issue and buried it within the ongoing Israel-Palestine and Israel-Arab world divides. Several other divides also surfaced stemming from historic occurrences, present actions and current ongoing conflicts that continue to produce gaps and stall peace negotiations. These divisions reveal the underlying fundamental issue: the divide between State security and human security and the disconnect that exists between high-level officials and the human perspective.

When discussing Israel and Palestine the underlying systemic issues dividing the Middle East and the international community surface. The continual divide between Israel and the Arab world; Iran’s alleged enrichment of nuclear weapons; and the Syrian Conflict – a subject within which there are multiple high-level divides – collectively clouded the focal issue on Wednesday and continue to form the broader backdrop against which the Palestine-Israel issue is framed.

The topic of peace negotiations between Palestine and Israel has been ongoing since 1967. A stalemate in negotiations between Palestine and Israel has endured since 2010. The “Question” of Palestine has been reviewed several times at Security Council meetings. Israel refused to attend the last Council meeting fearing it would only result in countries ganging-up on them from multiple sides. This was the reality at the 25 July 2012 meeting.

The meeting began with Robert Serry, the UN special coordinator for the Middle East peace process. Serry expressed that a continued stall in peace negotiations is perilous and an effort to restart direct talks between Israel and Palestine is critical. The “worrying issues on the ground” make this timing of the utmost importance. A Two-State agreement is vital to reaching peace and security in the region and on a global scale.

The stalemate in the peace process between Palestine and Israel is based on four main issues: Israel’s continued construction and encroachment of settlements, destruction of agricultural and orchard lands, violations of multiple international laws and the six year blockade in Gaza; the internal divides that exist within Palestine stemming from the ousting of Fatah from Gaza by Hamas in 2001,resulting in tensions  between the Hamas-lead government under Ismail Haniya and the Palestinian Authority President, Mahmoud Abbas; the pre-1967 boundaries; and a diminished or nonexistent level of trust due to enduring violence and conflicts as well as terrorist attacks in the region.

The Palestinians, as well as Egypt, Qatar, Iran, Morocco, Saudi Arabia, Kazakhstan, Tunisia and Syria agreed that Palestinians were specifically targeted for war crimes and ethnic cleansing through the use of “demographic change via geographical expansions” and that it represents a “collective punishment” by the “colonizers.”

The majority of the SC, including four of the P-5 (excluding the United States), agreed that Israel’s illegal settlements as well as the blockade erected in 2004 were the main cause of the stalled peace negotiations, with Iran specifically stressing that Israel should immediately return all of its occupied territories – meaning their past military occupations of lands within Lebanon, Syria and Egypt.

The U.S. delegate stressed that “unilateral decisions were contrary to reaching a two-State agreement,” which is essential to the end goal of creating an “independent Palestinian State living in peace and security alongside a Jewish democratic State.” The U.S. also did not support expansions of outposts. In response, Russia specifically suggested that the U.S. has been supporting Israel’s expansions– an accusation based on the U.S. veto of the 2011 UN Resolution which was to declare Israeli settlements illegal.

Israel was further accused of detaining multiple Palestinians illegally – many of which are children and not allowing visits from Palestinian families. Only recently was one visit allowed. Reports of continued hunger strikes by Palestinian prisoners continue and allegations of torture ensued at the meeting. This is a grave and sensitive issue which fuels anger on the Palestinian side and further increases human and State insecurity in the region.

Palestine was blamed – mostly by Israel for engaging in, supporting and continuing acts of violence.  Israel blamed Hamas for carrying out continued terrorist attacks on Israeli soil and accused them of engaging in rocket launches. The majority of speakers at the meeting condemned such actions. All states at the meeting stated they condemned any and all acts of terrorism.

Israel also blamed Iran for supporting terrorism throughout the Middle East and specifically accused them of the attacks in Bulgaria. Accusations significantly escalated between Iran and Israel, with Iran later accusing Israel of targeting and killing its own citizens in order to blame and frame Iran. Further, Iran’s alleged uranium enrichment was raised and continues to trump the Palestine “Question” yet it is directly linked to the high-level divisions which exist on both topics – creating national, international and intra-national divides.

A majority of States blamed the SC, the Quartet and the international community for continually failing to find a solution to resolve the issues in Palestine and Israel.

Amidst all the finger pointing, disagreement and accusations, the actual purpose of the meeting was buried. Many States did not address the “Question,” whether or not they supported the Palestinian application for Statehood. The meeting merely demonstrated continued stalemates at the top levels. It illustrated the inability of high-level officials to properly address on-the-ground issues and reach any sort of standing resolution that will bring peace to a region that has been in the midst of conflict for decades.  While the top remains divided, human suffering and insecurity on the ground endure.  A connection between State and human security is missing.

For more analysis on the debate, as well as a reflection on the need for a “bottom-up” approach to the conflict, please click here.

— Cara Lacey

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‘Small-5’ Propose GA Resolution on Improving Working Methods of the Security Council

17 May

Known as the ‘Small-5,’ Costa Rica, Jordan, Liechtenstein, Singapore, and Switzerland presented a draft resolution that seeks to improve the working methods of the Security Council without proposed amendments to the UN Charter. As such, these states advocate that this resolution will have no bearing on the ongoing and separate negotiations for reform and expansion of the Security Council. Member states such as India and Brazil have opposed the resolution given their interest in and support for an amendment to the Charter that would expand the Security Council’s membership and give their delegations a permanent seat. The P5 members have also made clear their opposition noting that they do not see a role for the General Assembly in offering recommendations to the Security Council.

Led by the mission of Switzerland and its Permanent Representative Ambassador Paul Seger, this group has worked for improvement in the working methods of the Security Council since 2006. In March 2012, the S-5 tabled a resolution and have since undertaken several rounds of consultations with member states, in particular the P5, to identify a way forward with regards to these recommendations. This effort has been pursued both in the General Assembly and through cooperation with the Security Council’s Informal Working Group on Documentation and other Procedural Questions. The S-5 had decided it is time to bring the resolution to a vote in the GA and allow member states, although the adoption of such a resolution would not be binding, to communicate a political and moral message on improving the accountability, transparency, and effectiveness of the Council. However, as of Friday 18 May, Ambassador Seger of Switzerland decided to withdraw the resolution after increasing pressure from opponents of the resolution. Faced with the prospect of procedural wrangling that would “engulf the entire Membership and leave everyone confused”, he said the S-5 had decided to withdraw the text.

Ambassador Seger addressed the GA this week under the agenda item “Follow-up to the outcome of the Millennium Summit” offering remarks on the content of the resolution. He gave a similar presentation in April 2012 describing the S-5’s proposals.

The principle recommendations include:

  • A greater role for the troop-contributing countries (TCCs) and those that make large financial contributions in the preparation and modification of mandates for peacekeeping missions
  • Standing invitations to the Chairs of country-specific configurations of the Peacebuilding Commission to participate in relevant debates and, when appropriate, informal discussions
  • Better access for interested and directly concerned States to subsidiary organs
  • Establishing a working group on lessons learned in order to analyze reasons for non-implementation or lack of effectiveness to suggest mechanisms aimed at enhancing implementation of decisions
All the proposals are based on long-standing dissatisfaction with the way in which the Council does its work. In particular, GAPW would welcome strong and institutionalized methods of ‘assessment’,  particularly on questions of implementation, of resolutions and decisions of the Council.  The lack of assessment was no more apparent than in the case of Libya in which the Council lost control of the ‘narrative’ after adoption of the original resolution. This was indicative in part by the fact that the resolution barely surfaced in the discourse around NATO’s implementation of it. It wasn’t until the operation itself ended that the resolution was cited. In its aftermath, both Russia and China expressed serious concerns over the implementation of Resolution 1973, which has undoubtedly contributed to the decision by these P5 members to veto an subsequent Western-sponsored resolution threatening sanctions against Syria for the killings of civilians.
It seems the most ‘controversial’ proposals deal directly with the use of the veto. The S-5 proposes what they consider to be “nothing radical or revolutionary” noting that they fully respect the Charter-based right to the veto. P5 states are called to:
  • Explain the reasons for resorting to a veto or declaring its intention to do so by circulating a copy of the explanation as a separate Security Council document to all member states
  • Refrain from using the veto to block Council action aimed at preventing or ending genocide, war crimes, and crimes against humanity (as legally defined in the Rome Statute for the ICC)
  • Establish a practice, in appropriate cases, of declaring  that when casting a negative vote on a draft resolution it does not constitute a veto thus allowing the P5 member to cast a negative vote while not blocking the action altogether

Many members of civil society have advocated for such a provision to be added to the veto power– requesting that P5 members consider refraining from using their vetoes on action aimed at preventing or ending genocide, warm crimes, and crimes against humanity as defined in the Rome Statute. Civil society and member states alike cite paragraph 139 of the 2005 World Summit Outcome document, stating that “the international community, through the UN, has the responsibility to use appropriate diplomatic, humanitarian and other peaceful means to help protect populations from genocide, war crimes, and crimes against humanity; and that when a state is manifestly failing, the international community has a responsibility to take timely and decisive response, including measures authorized by the Security Council under Chapter VII.” Nonetheless, it goes without saying that garnering support for recommendations to change the highly politicized issue of the veto are fraught with challenges. In order to combat this spirit of contention, the S-5 has tried to make clear that their intention is not to abolish the veto, but to provide recommendations only on how and when it should be used.

It seems that the primary concern of the S-5 is the lack of access for non-members of the Security Council to the Council’s work due to weak transparency and accountability measures, rather than a concern over the composition of the Council. The S-5 has tried to make clear that what they propose is a way forward through which Council members can seek the view of member states outside the Council without prejudice to the need for often timely action on sensitive  matters. Striking this balance is a difficult, but important goal for moving forward successfully with these recommendations.

—Katherine Prizeman

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Illicit Cross Border Flows (especially SALWs) as Threats to International Peace and Security

25 Apr

The Security Council, under the presidency of the United States, held an open debate on “Threats to International Peace and Security” on Wednesday, 25 April. Ambassador Susan Rice of the US provided a concept paper prior to the debate. The focus of discussions was on illicit cross-border movements, including trafficking in persons, drugs, weaponry, technology, and other commodities, that constitute threats to international peace and security. Secretary-General Ban Ki-moon opened the debate with a statement reiterating his support for the Council’s attention on this issue noting that member states are obliged under international law to secure their borders as well as build the capacity of states that require assistance to do so. Moreover, the Secretary-General rightly stated that border strengthening cannot be done in isolation, but must be a verifiable part of all national and public institutions that deliver sustained security. In a world of increasing globalization and border porosity, this task becomes ever more critical.

Member states, in cooperation with their regional partners as well as the appropriate elements of the multilateral fora, must develop comprehensive and coordinated responses to the causes and harmful byproducts of illicit flows. Illicit flows can constitute anything from illegal narcotics trafficking, illicit arms transfers, money laundering systems, and nuclear, chemical, radiological, and other deadly substance transfers that are often critical components (and financing mechanisms) of terrorist regimes. Indonesia’s representative underscored the danger of terrorist networks exploiting gaps in border security, while France’s delegation referred to the illicit transfer of weapons of mass destruction technology as a direct threat to peace and security. The Russian delegate expressed concern over the network of Somali pirates that has seized on the lack of border control in the region freely transferring sophisticated weaponry and illegal money. The Secretary-General promised a comprehensive assessment report to be released in 6-months in order to assist member states in their battle against illicit flows. The delegate of the European Union referred to it as a “diagnostic assessment” by the UN secretariat to focus national efforts.

Before discussion on substantive issues of cooperation in securing borders or capacity-building to prevent cross-border terrorist activities, the principle that illicit flows across borders can constitute a threat to international peace and security and, therefore, fall under the mandate of the Security Council, was debated by member states. Guatemala’s delegation noted that not all illicit cross-border activities reach the threshold of “threats to international peace and security,” and, therefore, would not fall under the Security Council’s purview. Likewise, the Pakistani delegation noted that the Council must remain in strict compliance with its mandate and that all illicit activities cannot be lumped into a single category, but rather, be treated under the appropriate treaty obligations and other legal frameworks provided for under various UN organs, agencies, and affiliates, which are not necessarily found in the work of the Security Council. India’s delegation agreed that the Security Council should only intervene when illicit flows clearly demonstrate a threat to international peace and security or imposed sanction regimes. The Cuban delegate stated that discussion of illicit trafficking is not an appropriate action for the Security Council, but rather, falls under the coordinated efforts of the General Assembly, where there is universal participation, and other relevant international treaties. The United Kingdom delegation also warned against restricting the flow of goods so much so that the global economy is not given space to develop. Ambassador Wittig of Germany agreed that interconnectedness should not be seen as a threat.

Who has control over border security and the level at which member states should cooperate were issues in focus during the debate. Delegations such as Pakistan, Colombia, Guatemala, India, Azerbaijan and China made clear that securing borders is a sovereign right of all nations and falls under national authority. The delegations of Morocco, Togo, and Germany emphasized coordinated responses among member states to tackle the complex chain of agencies and responsible entities tasked with securing borders and eradicating illicit and threatening flows.  The Togolese delegate went so far as to state that border zones “go beyond the sovereignty of states.” The Japanese delegation underscored the need for coordination among the many multilateral frameworks available for combating such illicit flows—the Global Counter-Terrorism Strategy, the 1540 Committee, relevant sanctions committees, Interpol, and the UN Office on Drugs and Crime (UNODC).  On a national level, cooperation is required among the officials of customs, immigration, and law enforcement. The German delegation noted the role of peacekeeping operations and UN police in enhancing capacities against illicit trafficking at early stages of reconstruction.

Outside of the Security Council there are indeed mechanisms for dealing with one of the most pressing issues related to cross-border illegal trafficking: arms (most especially small arms and light weapons [SALWs]. Australia’s delegate referred directly to the role of the Programme of Action on small arms (UNPoA) as well as the forthcoming Arms Trade Treaty (ATT) in combating these illegal movements. Australia’s delegation noted that although the UNPoA is a political agreement, it should be utilized as a platform for technical assistance in preventing, combating, and eradicating the illicit trade in SALWs. Likewise, the Australians underscored the critical importance of negotiating a robust ATT that includes SALWs and ammunition in July of this year.

As is oftentimes noted by those advocates pushing for a strong humanitarian instrument in the ATT, there are more controls for regulating the trade in bananas than arms. The proliferation of illicit arms funneled across borders indubitably contributes to instability, violence, and insecurity on a local, regional, and international level. Illicit arms are one of the most pervasive threats to a dependable security sector, and illegally diverted arms from the legal market contribute to vast quantities of violence, lawlessness, and conflict. Smalls arms and illegally diverted arms can pose a major cause of concern for international peace and security and require a multi-faceted, international response through multiple points of entry. As such, we encourage the Security Council, under its mandate to protect international peace and security, as well as the already-existing processes (such as the UNPoA and the forthcoming ATT) to robustly and comprehensively address this blight.

–Katherine Prizeman

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PoA on Small Arms Prep Com Wrap Up: Looking Forward to August

26 Mar

As the Preparatory Committee (Prep Com) for the second Review Conference for reviewing the progress made on the implementation of the Programme of Action on small arms (PoA) has come to a close, member states are prepared to meet again in August to take a more detailed look at the successes and failures related to combating the illicit trade in small arms and light weapons (SALWs). The small arms process is a critical forum for discussing the many human security-related implications of the proliferation of illicit arms as well as the diversion of arms from legal sales. Small arms are indeed an issue to be dealt with in multiple security discussions from sexual and gender-based violence in armed conflict to the commission of mass atrocity crimes. Therefore, regular and transparent reviews of the PoA are a vital component of improving security on the national, regional, and international levels.

The second Review Conference for the PoA to be held in August is based on a universally-accepted General Assembly resolution (66/47), thus granting the process a healthy degree of credibility and consensus. Although controversies exist around expansion of the PoA, such as granting it a legally-binding status and expanding its scope to include ammunition, there is little argument that the PoA’s provisions, if adopted according to national needs and conducive to individual challenges, can and will prevent the illicit trade in SALWs and its dire consequences for international peace and security. Successful implementation of the PoA, as it is not legally-binding and puts forth a comprehensive blueprint of national, regional, and international measures to combat illicit small arms trade, requires robust trust and capacity building among member states and other relevant stakeholders such that national implementers have sufficient capacity and investment levels to adopt these measures.

This week’s Prep Com provided member states with the opportunity to adopt rules of procedure and an agenda as well as hold an exchange of views, in light of the time constraints of just five days, on potential elements for discussion in August. Substantive discussion was focused in large part on the need for more robust and comprehensive international assistance and cooperation for full implementation of the PoA. Additionally, member states addressed the follow-up mechanisms of the PoA, in particular the role of future meetings such as Meetings of Governmental Experts (MGE) on technical implementation capacities such as marking, tracing, recordkeeping, and activities around border controls. However, as noted by several delegations during the week, the Prep Com and subsequent Review Conference also provide for a valuable reaffirmation of commitment to strengthening and enhancing implementation of the PoA and the fight against the scourge of illicit weapons.

A Final Report was indeed adopted, although it is entirely procedural and technical in nature. Several delegations also submitted helpful Working Papers over the course of the week that enhanced the exchange of views during the week as well as for future deliberations. These papers included one from the Non-Aligned Movement (NAM) on international assistance and cooperation, one from Japan on follow-up mechanisms, and two more comprehensive papers covering all aspects of the PoA’s implementation from the European Union and Germany, respectively. These Working Papers will certainly add to the bounty of documents to be used during the inter-sessional period between the Prep Com and the Review Conference as the Chair and member states hold informal consultations to determine the best way forward in more effectively implementing the PoA’s provisions. Background documentation for the Review Conference will also include the Chair’s summary from the MGE from May 2011, from Ambassador Jim McLay of New Zealand, representing the first of its kind. Many delegations expressed interest in more meetings of this nature to dissect in more technical terms how implementers from capitals can better adopt the PoA’s measures in practice. The Chair’s summary, under the authorship of Chair Ambassador Ogwu of Nigeria, laid forth views expressed by member states during the week according to the structure of the PoA itself—measures to combat illicit trade at the national, regional, and international levels; international cooperation and assistance; follow-up mechanisms to the Review Conference; and review of the International Tracing Instrument (ITI). The summary was not a consensus document, but did its best to summarize views and recommendations made by member states to improve implementation and does serve as a beneficial starting point for discussions both in informal consultations and in August’s Review Conference.

In looking forward, it is important to bear in mind the significance of the PoA. The PoA directly addresses the scourge of illicit weapons and seeks to garner control over their proliferation by concrete measures including stockpile management and disposal, border control mechanisms, and firearms marking and tracing. This is an instrument, accepted by the international community on the whole, that can in fact prevent and eradicate human suffering associated with armed violence and other forms of conflict committed with SALWs, which is no small contribution to international security.

There are many aspects of the PoA that require further elaboration and information exchange among all member states to deal with this complicated and comprehensive challenge. However, there are several issues that, in our view, merit particular attention:

  • Developing national action plans (NAP) on SALWs would serve as an excellent confidence-building measure, although not without its difficulties given the example found in the women, peace and security framework.  Such NAPs have not been entirely successful in the context of Security Council Resolution (SCR) 1325 as most states still have not formulated a NAP in the almost twelve years since the Resolution’s adoption;
  • Focusing on the need for peacekeeping operations to address safe storage and disposal of SALWs as part of Disarmament, Demobilization, and Reintegration (DDR) programs;
  • Discussing SALW issues in other UN frameworks  and mandates including 1325, the Special Representative on children and armed conflict, and the Special Representative on conflict-related sexual violence, among others;
  • Setting up and institutionalizing other MGEs in the PoA small arms process such that there are regular gatherings of national, technical experts directly responsible for implementing the PoA’s provisions;
  • Identifying which of the PoA/ITI commitments will require further elaboration in a diplomatic setting and setting up meetings and agendas to address them in the appropriate forum

The Prep Com offered much hope for addressing the deadly consequences of illicit SALWs. It accomplished its procedural goals as well as initiated a substantive discussion that, although will require much more diplomatic wrangling in order to identify points of viable consensus, was wrought with important security themes. Diplomats and non-governmental stakeholders alike must use the inter-sessional period to prepare in the best way possible for the Review Conference by vetting proposals already presented as well as formulating new ones.

–Katherine Prizeman

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Sexual Violence in Conflict, Small Arms, and Key Linkages

27 Feb

The Security Council, under the presidency of Togo, hosted an open debate on sexual violence in armed conflict featuring briefings from the Secretary-General’s Special Representative Margot Wallstrom, the Under Secretary-General for Peacekeeping Herve Ladsous, and a statement from Libyan activist Ms. Amina Megheirbi representing the NGO Working Group on Women, Peace and Security. Although unable to adopt a Presidential Statement condemning such violence or a public statement on follow-up to Resolution 1960 (2010), the Council did express relatively unanimous support for Ms. Wallstrom’s mandate to alert the members to instances of sexual violence in conflict as well as increasing the effectiveness of the 1960 mandate through better coordination and information sharing. Member states were also supportive of the inclusion of a new mandate for Women Protection Advisers in peacekeeping operations. The debate was held just a few weeks after the Secretary-General released a  new report on ‘Conflict-related Sexual Violence’ on 13 January 2012.

Ms. Wallstrom noted in her statement that no one could remain unmoved by the striking country examples found in the most recent SG report, which she identified as already a ‘bit out of date’ and but one tool to combat the scourge of sexual violence in conflict. She referred to instances in Guinea, Syria, and Libya and poignantly stated that in contemporary wars it is more dangerous to be a women collecting firewood than a solider on the front line. More broadly, Special Representative Wallstrom also emphasized country level information moving effectively to the Council as well as robust support for government initiatives to combat impunity. Expanding the ‘naming and shaming’ listing was also identified as one way in which perpetrators could more effectively be held accountable.

Nonetheless, perhaps most importantly, Ms. Wallstrom classified the issue of conflict-related sexual violence as not a women’s issue, but a security issue with much wider peace and security implications than particular instances of rape. This point is particularly important for Global Action as we strive to link such issues to other components of the broader human security agenda. Not only can rape serve as a precursor to conflict, a diagnostic of pre-conflict conditions, and a symptom of impunity, it is also evidence of a weak and insufficient security sector. As is often said by proponents of the women, peace and security agenda, there is no security without women’s security and the aim is not only to protect women from violence, but to also encourage their active participation in political and economic life. A robust sector sector will indubitably support such participation as well as enhance protection mechanisms needed to eliminate such sexual violence in and out of conflict.

Indicative of these linkages, the delegate of Germany also referred to the proliferation of small arms and its dire effects on violence against women and children. It is a fact that women are disproportionately affected by gun violence in communities. Furthermore, the ready availability of small arms undoubtedly facilitates grave crimes such as sexual and gender-based violence, which is almost always committed at the point of a gun. Better gun control mechanisms, including a robust Arms Trade Treaty (ATT) that is to be negotiated this July as well as better implementation of the UN Programme of Action on small arms, are essential to a more dependable security sector and, in turn, protections for women against sexual violence and, just as critical, participation opportunities.

As Special Representative Wallstrom noted, the response to conflict-related sexual violence must be gender-focused and community-based. Communities must deal with this issue as part of a bundle of security issues that pose a threat to the well-being of its citizens– including small arms proliferation, gender-based violence, and lack of women’s access to political and economic life. We fully support the mandate of Ms. Wallstrom and her staff and hope that continued emphasis on the broad security implications of sexual violence will bear more robust and effective response mechanisms for communities suffering from such blights.

–Katherine Prizeman

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