Reading “Threats to International Peace and Security,” 1946-2005

In the United Nations Charter the notion of the “threat to international peace and security” is designed to play a key enabling role in framing its collective security functions. Taking a 60-year period from the UN's founding, this article examines how the UN Security Council has developed the notion of the “threat to international peace and security” through its resolutions, and what this evolution might mean for the notion of collective security and the Council's role in it.     

Imperatives of Peace in South Asia

For the past 54 years, South Asia has been mired in tension and conflicts. The root cause of these problems is the unresolved Kashmir dispute between India and Pakistan. The United Nations, despite its Charter obligation to maintain international peace and security, has been unable to resolve this dispute. Kashmir, itself, has been turned into a nuclear flashpoint and poses a threat to international peace and security. The challenge before the international community, and especially the United States, therefore, is to become involved in resolving the dispute in accordance with the relevant Security Council resolutions and in conformity with the wishes of the Kashmiri people. India must show its good faith by eschewing hegemonic designs, abandoning bellicosity and brinkmanship, and sincerely joining Pakistan in overcoming all bilateral problems. It is time to restore peace and stability in South Asia. To achieve that, the international community, especially the United States, must play their due role.     

United Nations Security Council Reform Revisited: A Proposal

The United Nations [UN] came into being following the Second World War. Resembling earlier efforts of co-operation by the most powerful states of the international system, it was an attempt to effect global governance through the maintenance of international peace and security amongst states. However, led by its main executive organ, the Security Council, the UN has been unable to prevent and effectively deal with armed conflicts and mass atrocities in a number of situations. Over the years, the inability of the UN Security Council to take collective action has resulted in its ineffectiveness in dealing with war and humanitarian crises. This situation has led to calls for Security Council reform and has generated several initiatives to that end. This analysis discusses major shortcomings of the Security Council, analyses prominent reform initiatives, and introduces a proposal, the “Two-Layered Regional Model,” for Security Council reform.     

Humanitarian Emergencies and the International Criminal Court (ICC): Toward a Cooperative Arrangement between the ICC and UN Security Council

Erratum . International Studies Perspectives 6:4, 431-466
This article analyzes the role of humanitarian intervention in bringing together the International Criminal Court (ICC) and the UN Security Council. It argues that a framework for cooperation between the ICC and Security Council is needed to facilitate a coordinated response to humanitarian emergencies. One of the concepts explored is a mutual legitimacy push, or how the ICC and Security Council can lend effective assistance to one another when responding to humanitarian emergencies. Such a push will not only serve to enhance a response to humanitarian disasters but also close the "critical gap" between the moral legitimacy of international humanitarian action and the legality of the UN Charter. The article concludes that a cooperative relationship will not politicize the ICC, and that the ICC and the Security Council, can, through institutional re-engineering, achieve mutual political benefits.     

Diplomacy at the United Nations: The dual agenda of the 1992 security council summit

The Security Council summit meeting of 31 January 1992 was supposed to be a momentous event that would determine the course of the world body and international peace and security in the post-Cold War era. Despite high expectations, though, the actual meeting did not produce much more than a broadly-phrased declaration of good intentions. The article examines the hypothesis that the meeting had a dual agenda, with a hidden as well as a public part. It is argued that the main item on the hidden agenda was the confirmation, beyond any doubt or potential challenge, of Russia as the rightful successor to the USSR permanent seat on the Security Council. This suited well the weakened major remnant of the former Soviet Union as well as the other permanent members of the Security Council, especially the UK and France, who had good reasons to want to defer indefinitely any reexamination of the Council's composition and powers.     

Regional involvement in peace operations: an analysis of the debate within the UN Security Council

The paper analyses the debates within the UN Security Council on the role of regional organisations in peace operations and examines associated pro and con arguments. The systemisation of the findings is facilitated through the application of SWOT analysis that requires an insight into the unit and system levels of analysis. The first one looks at regional organisations and studies the strengths and the weaknesses that could promote or obscure their greater involvement in peace operations. The second level studies the international political environment that could provide opportunities for greater regional involvement or pose threats (obstacles) to it. The study indicates that there is a clearly established numerical predominance of supporters of greater regional involvement in peace operations over the regio-sceptics. However, the conclusion is that while the permanent members of the UN Security Council continue to endorse such involvement in the field, they will keep avoiding the formalisation and institutionalisation of the role of regional organisations on a political level.     

Diplomacy at the United Nations: The dual agenda of the 1992 security council summit

The Security Council summit meeting of 31 January 1992 was supposed to be a momentous event that would determine the course of the world body and international peace and security in the post‐Cold War era. Despite high expectations, though, the actual meeting did not produce much more than a broadly‐phrased declaration of good intentions. The article examines the hypothesis that the meeting had a dual agenda, with a hidden as well as a public part. It is argued that the main item on the hidden agenda was the confirmation, beyond any doubt or potential challenge, of Russia as the rightful successor to the USSR permanent seat on the Security Council. This suited well the weakened major remnant of the former Soviet Union as well as the other permanent members of the Security Council, especially the UK and France, who had good reasons to want to defer indefinitely any reexamination of the Council's composition and powers.     

Multilateralism in a unipolar world: the UN Security Council and Iraq

The end of the cold war brought a new era in international politicsthat had the potential for creating a more cooperative and peacefulworld. At the heart of this ‘new world order’ wasto be the United Nations Security Council, which would finallybe able to fulfill its obligations under the UN Charter. Inthe immediate post-cold war years it appeared that this optimismwas well founded as the Security Council became increasinglyactive in authorizing peacekeeping and peace-building missions.Just over a decade later, however, the crisis over Iraq againbrought serious concerns regarding the UN's purpose and legitimacy.This article examines the circumstances surrounding the recentUN Security Council dispute in order to illuminate the meritsof multilateral cooperation. It also asks, more fundamentally,whether multilateralism can be sustained in a unipolar world.     

The peacekeeping capacities of African regional organisations

This paper assesses the various peace and security mechanisms that African regional organisations are establishing and other measures that they are taking to enhance their preparedness. In the mid-1990s, the United Nations (UN) Security Council responded to the widely perceived failures of several UN peacekeeping operations by encouraging regional arrangements and agencies to assume a greater role in the promotion of peace and security. As of December 2001, four African organisations had authorised 17 peacekeeping missions. Most of them have been beset by serious and sustained operational and political shortcomings. Recognising their limitations and the vacuum created by Security Council inaction, these and other organisations have undertaken various initiatives to improve on past performance and to prepare for future engagements. A review of their decision-making processes, staffing, mission planning and support, peacekeeping training and financial resources suggests that, while they have made some progress, most organisations are still far from being able to take on the responsibilities that the international community would like them to assume.     

Hitting the right target: EU and Security Council pursuit of terrorist financing

This article analyses one specific instance of the use of targeted sanctions to combat the financing of terrorism by the European Union on behalf of the United Nations Security Council. The case raised a number of issues involving the use of sanctions against non-state actors and provoked a legal challenge at the European Court of Justice. These European court cases have been portrayed as a challenge to the use of targeted sanctions by the Security Council to maintain international peace and security. The fundamental critique here is that targeted sanctions must adhere to due process and the rule of law in order to protect individual human rights.     

External networks and institutional idiosyncrasies: the Common Security and Defence Policy and UNSCR 1325 on women,peace and security

In 2008, the Council of the European Union (EU) adopted a ‘Comprehensive Approach’ that outlines a strategy for securing gender mainstreaming; two years later, the Council introduced a set of indicators to assess its implementation. The EU was responding to the United Nations Security Council’s call for regional institutions to assist in implementing Security Council Resolution (UNSCR) 1325, adopted on 31 October 2000, concerning ‘women, peace and security’. This resolution sought to meet the ‘urgent need to mainstream a gender perspective into peacekeeping operations’. Considering that prior exposure to gender issues, resources and well-established relations with civil society and gender advocates are lacking, the adoption of both the Comprehensive Approach and the indicators, as well as the structures and procedures established since then as part of the EU’s Common Security and Defence Policy, requires some explanation. This article draws on feminist institutionalist approaches to argue that the impetus for change came from individuals and groups within the EU who were involved in external networks, both above and below the supranational level, who seized on institutional idiosyncrasies that also shaped the implementation of UNSCR 1325 in important ways.     

(En)gendered Security? The Complexities of Women's Inclusion in Peace Processes

As peacebuilding discourses increasingly stress the importance of including women, to what degree have security-related practices taken heed? It has been over 10 years since the United Nations Security Council passed Resolution 1325 on Women, Peace, and Security, yet it remains a “confused and confusing” tool for scholars and practitioners in assessing women's inclusion in peacebuilding. This article adds to our understanding on women and peacebuilding by engaging 1325 as an operationalizable concept and then applying it to peace agreements to understand how women's security is addressed as part of formal peace processes. Given previous difficulties in operationalizing 1325’s mandate, this article engages it as a three-level concept useful for studying the ways in which women are “brought into” security, called (en)gendered security. Using this concept of (en)gendered security, I assess intrastate peace agreements between 1991 and 2010 to elucidate where and how women are included in peace processes. This article illustrates the potential of a systematized and practical approach to security embodied in 1325 and a preliminary discussion of what accounts for better approaches to (en)gendered security during peacebuilding.     

Attitudes toward Consent-Based and Non-Consent-Based International Law in a Regional Power Context

International legal scholars have identified and argued for and against new forms of non-consent-based international law. We study variation in Brazilian public opinion about adherence to international law created in three different ways: through a consent-based multilateral treaty, by the U.N. Security Council with the participation of Brazil, and by the U.N. Security Council without the participation of Brazil. Information that Brazil has participated in creating the international legal obligation through a multilateral treaty or membership on the Security Council yields levels of support for adherence to the legal obligation that are similar to those found when the origins of the legal obligation are generic. Information that the international legal obligation was created without Brazil’s participation, on the other hand, results in reduced support for compliance. This difference, which is particularly concentrated among highly educated respondents, is not driven by reduced concerns about reputational consequences or sanctions. Our results suggest that the increased use of non-consent-based forms of international law might be challenged by a lack of public support for compliance.     

Climate Change and Environmental Security: For Whom the Discourse Shifts

This article explores the implications of the April 2007 United Nations Security debate on the security dimensions of a changing climate for international climate change politics. Specifically, our analysis focuses on whether and how security concerns have been addressed in past international political debates on climate change and considers whether the Security Council debate, which emphasized the threat of climate-related conflict, reflects a discursive shift. We elaborate on two general discourses on the relationship between environment and security, which we call environmental conflict and environmental security . Using content and discourse analysis, we demonstrate that both the historical climate change debate and the more recent Security Council debate have been informed by the environmental security discourse, meaning that a discursive shift has not taken place. We conclude by considering the possibility of a future discursive shift to the environmental conflict perspective and argue that such a shift would be counterproductive to the search for an effective global response to climate change.     

The International Criminal Court on trial

This article assesses the structure and operation of the International Criminal Court by setting out a case for the defence of the Court, a case for its prosecution and a verdict. Defenders of the Court suggest it has had a positive impact because: it has accelerated moves away from politics and towards ethics in international relations; it goes a long way towards ending impunity; it is a significant improvement on the previous system of ad hoc tribunals; it has positive spill-over effects onto domestic criminal systems; and because the courage of the prosecutor and trial judges has helped to establish the Court as a force to be reckoned with. Opponents of the Court see it as mired in power politics, too reliant on the United Nations Security Council and on state power to be truly independent; failing to bring peace and perhaps even encouraging conflict; and starting to resemble a neo-colonial project rather than an impartial organ of justice. The verdict on the Court is mixed. It has gone some way to ending impunity and it is certainly an improvement on the ad hoc tribunals. However it is inevitably a political body rather than a purely legal institution, its use as a deterrent is as yet unproven and the expectation that it can bring peace as well as justice is unrealistic.     

Toward an effective international legal order: from coexistence to concert?

In forbidding the use of force except in self‐defence against armed attack or when authorised by the Security Council, the UN Charter appears to be the culminating development of a system of international order based on the doctrine of state sovereignty. The cumulative result of international‐law‐related acts, omissions and declarations of the Bush administration since its inception can be construed as a fundamental challenge to the sovereign state system. The administration's stated security strategy is one possible response to undoubtedly grave challenges to national and human security. In fact, only an institutionalised partnership between the US and regional powers such as China, India, Brazil and Germany can hope to address those challenges successfully, in part because only it would have the requisite legitimacy. That partnership or concert could be organised within the UN framework, albeit intensifying its hierarchical elements.     

Paving the Way for Possible Balkan Regional Cooperation

The idea of a “Concert of Democracies” acting as a sort of new international “directorate” if the UN Security Council is stalled has engendered great controversy lately in the international public debate. Some top-ranking political leaders, such as US presidential candidate John McCain, have endorsed a similar plan. Others have instead voiced the concern that the creation of such a new institution would lead to the dismantling of the UN system altogether and would engender more problems than it would solve. The article highlights the terms of the debate that is developing around this proposal, but also provides a historical and intellectual background to allow for a better understanding of its genesis, rationale and chances of success.     

“Gendering” European security: policy changes,reform coalitions and opposition in the OSCE

The Organisation for Security and Co-operation in Europe (OSCE) has rarely been considered in scholarship on gender and security, even though it was one of the regional security organisations whose gender policy predated the United Nations Security Council’s call for more international attention to issues related to women, peace and security in October 2000. Based on an analysis of official OSCE documents and on semi-structured interviews, we trace the integration of gender issues in the OSCE and explore the rationale behind and the challenges associated with it. We identify two phases of gender policy change in the OSCE and show how the integration of UNSCR 1325 brought about an expansion of OSCE gender policy from an exclusive focus on “soft” security issues towards increased inclusion of gender in the area of “hard” security. Drawing on historical and feminist institutionalism, we argue that reform coalitions were crucial for the policy changes in the OSCE but that they encountered institutional and ideational barriers, which hampered implementation of the gender policy. In light of rising opposition, our analysis warns of a backlash that might jeopardise current achievements.     

Counter-terrorism and communities: an interview with Robert Lambert

The targeted sanctions adopted by the UN Security Council against individuals and entities suspected of association with terrorism are managed through procedures that infringe fundamental human rights, and there are no mechanisms for actual accountability. With the exception of the ECJ in Kadi, municipal and regional courts tend to consider the UN Security Council's resolutions and domestic measures implementing them outside the scope of judicial review. This article argues that the Security Council is bound to observe human rights even in the context of international security action, and that States are not exonerated from international responsibility for violations committed under the umbrella of Chapter VII resolutions.     

第二次世界大战后武力使用规范的演进

在国际法体系中,武装冲突法可谓编纂得最为完备的一个分支。经过数百年的积累和铺垫,第二次世界大战后武力使用规范逐渐发展成为完整的规范体系并呈现出四大特征:即为了适应国际关系的新变化武装冲突法扩大了适用范围;使用核武器是否合法成为国际法的重要问题;出现了在武装冲突中"反向"使用武力以达到实现和平目的的新方式——联合国维持和平行动以及在武装冲突中出现了大量作为作战手段而使用的性暴力行为等。然而进入21世纪以后,武装冲突的形态与样式均发生了重大变化,一方面,以无人机、自主作战机器人、纳米生物武器和网络战为代表的新型作战手段方法层出不穷;另一方面,非国家行为体在武装冲突中使用武力的情况有所增加,更出现了私人军事安保公司等法律地位在国际法上尚处于空白的交战主体。以朝核危机为标志,核武器对于国际和平与安全的巨大的潜在甚至是现实的威胁再次凸显,迅速成为国际政治和国际法中的热点核心议题。值得注意的是,即使武装冲突法的基本原则依然相对稳定,但是不断出现的新作战手段和方法,仍然给国际法和国际安全提出了一系列亟须应对的新挑战。