AbstractMost contemporary armed conflicts are not of an international character. International Humanitarian Law (IHL) applicable to these conflicts is equally binding on non-State armed groups as it is on States. The legal mechanisms for its implementation are, however, still mainly geared toward States. The author considers that the perspective of such groups and the difficulties for them in applying IHL should be taken into account in order to make the law more realistic and more often respected. It is submitted that the law is currently often developed and interpreted without taking into account the realities of armed groups. This contribution explores how armed groups could be involved in the development, interpretation and operationalization of the law. It argues that armed groups should be allowed to accept IHL formally, to create – amongst other things – a certain sense of ownership. Their respect of the law should also be rewarded. Possible methods to encourage, monitor and control respect of IHL by armed groups are described. The author suggests in particular that armed groups should be allowed and encouraged to report on their implementation of IHL to an existing or newly created institution. Finally, in case of violations, this contribution proposes ways to apply criminal, civil and international responsibility, including sanctions, to non-State armed groups.
Not so long ago the overwhelming majority of courts in democratic countries shared a reluctance to refer to foreign and international law. Their policy was to avoid any application of foreign sources of law that would clash with the position of their domestic governments. Many jurists find recourse to foreign and international law inappropriate. But even the supporters of reference to external sources of law hold this unexplored assumption that reliance on foreign and international law inevitably comes into tension with the value of national sovereignty. Hence, the scholarly debate is framed along the lines of the well-known broader debate on "the countermajoritarian difficulty." This article questions this assumption of tension. It argues that for courts in most democratic countries—even if not for U.S. courts at present—referring to foreign and international law has become an effective instrument for empoweringthe domestic democratic processes by shielding them from external economic, political, and even legal pressures. Citing international law therefore actually bolsters domestic democratic processes and reclaims national sovereignty from the diverse forces of globalization. Stated differently, most national courts, seeking to maintain the vitality of their national political institutions and to safeguard their own domestic status vis-a-vis the political branches, cannot afford to ignore foreign and international law.
This book maps the increasing convergence of US domestic and international security regimes, analyzing the trend towards global pacification in the name of 'security'. The dream of liberal world peace after the Cold War is on the verge of collapsing into permanent global pacification - not only in the global south but also in pockets of the 'Third World' within the territory of Western states. In this volume, the author explores the ways in which regimes of security have been extended into increasingly large aspects of social life and shows that their expansion has been driven by a constant broadening of the notion of 'war'. Filling a gap in the literature, the book demonstrates how US security agencies have sought to develop indeterminate security capabilities aimed at distinguishing between legitimate and illegitimate flows of people and resources. This analysis of regimes of security is tied to a more general discussion about the persistence, or even multiplication, of illiberal forms of power within liberal governmentality. This book will be of much interest to students of security studies, war and conflict studies and international relations in general.
학위논문(석사)--서울대학교 대학원 :국제대학원 국제학과(국제지역학전공),2019. 8. Han, Jeong Hun. ; 논문초록 본 연구는 지각적 측면에서 국제형사재판소의 콩고민주공화국 평화구축과정에대한 역할을 조사하고자 한다. 특히, 본 연구는 콩고의 국내기구 강화를 통한 평화보장에 있어 국제형사재판소의 역할과 영향에 대한 콩고 시민들의 인식을 살펴보고자 한다. 본 연구의 방법론으로는 양적 및 질적 접근 방법 동시에 사용하는 삼각 측량 설계를 채택하였다. 또한, 인권 운동가, 변호사, 지역 오피니언 리더 및 학생으로 구성된 150 명의 응답자를 샘플링하기 위해 목적 및 층화 샘플링 기술을 조합하여 사용하였다. 수집 된 데이터는 백분율 및 빈도와 같은 설명 분석 통계를 사용하여 분석되었으며 SPSS, 버전 20 소프트웨어의 기여와 함께 그래프 및 표 형식으로 제공되고 국제형사재판소의 대표 및 언론인, 시민단체 대표 등의 인터뷰를 통해 수집된 전문가의 견해에 의해 뒷받침되었습니다. 이 연구의 핵심 연구 결과는 세 가지 가설을 입증했다. 첫째, 콩고 시민의 태도와 국제형사재판소의 역할 사이에 부정적인 관계가 있음을 발견했다. 시민들의 부정적인 태도는 국제형사재판소로부터의 높은 기대와 카빌라 대통령의 권력에 대한 대안으로 간주되는 콩고 인물인 장 피에르 벰바 (Jean Pierre Bemba)를 체포하겠다는 법원의 결정에 기인 한 것이다. 둘째,이 연구는 국제형사재판소의 개입이 평화 보장을위한 국내 기관의 강화에 중요하다는 사실을 발견했다. 국제형사재판소는 콩고의 국내법을 국제형사재판소의 협약에 적용하기 위해 도입 된 다양한 제도 개혁으로 콩고 법령 전체를 수정했다. 마지막으로이 연구는 국제형사재판소가 콩고 민주 공화국에 개입 한 것이 전반적인 평화 구축 과정에 영향을 미쳤음을 입증했다. 군대와 민병대에서 아이들을 사용하는 주요 범죄자들의 체포는 아이들이 군대에 사용되어서는 안된다는 인식을 높이고있다. 따라서 다른 무장 단체 등에서 아동의 사용을 줄이는 데 기여했다. 본 연구의 실질적인 의미는 콩고 민주 공화국의 평화 구축 과정에서 국제형사재판소의 역할이 효과적인지 확인하는 것이다. 실마리어: 국제형사재판소, 평화구축, 분쟁 후 사회 ; ABSTRACT The Role of the International Criminal Court in Peace Development in D.R. Congo since 2004 Thierry KISUKULU ASIANANDE International Area Studies Graduate School of International Studies Seoul National University The purpose of this study was to understand whether or not the role of the International Criminal Court (ICC) is effective in peace building process in DR Congo. Specifically, the study looked at the attitudes of Congolese citizens towards the work of ICC, the influence of ICC on strengthening domestic institutions to guarantee peace, as well as the overall promotion of peace in DR Congo. The study adopted concurrent triangulation design that promoted the use of both quantitative and qualitative approaches. A combination of purposive and stratified sampling techniques was used to sample 150 respondents comprising of: human rights activists, lawyers, local opinion leaders, and students. Data collected was analyzed using descriptive analysis statistics like percentages and frequencies, and presented in form of graphs and tables with the contribution of the Statistical Package for Social Sciences (SPSS, Version 20) software, and backed up by views of experts such as representatives of civil society, representatives of ICC, and journalists, collected from interviews. The study key findings proved two hypotheses out of three. Firstly, the study found a negative relationship between attitudes of Congolese citizens and the role of ICC. The negative attitude of citizens was attributed to their high expectations from ICC, and the court's decision to arrest Jean Pierre Bemba, a Congolese personality considered as the alternative to power of President Kabila. Secondly, the study accepted that interventions by ICC were significant in strengthening domestic institutions to guarantee peace. Further findings revealed that ICC has modified the entire Congolese legal order with a range of institutional reforms, introduced to adapt Congolese law to the agreement of ICC. Finally, the study judged the ICC's involvement in DR Congo influential in overall peacebuilding processes. It found that arrests of key criminals for use of children in armed forces and militia groups has increased awareness that children should not be used in armed forces; therefore, contributed to narrowing use of children in different armed groups, etc. The substantial implication of this study is the acceptance of the role of ICC as effective in peacebuilding process in DR Congo. Key Words: International Criminal Court, Peace Development, post-conflict Society ; CHAPTER ONE: INTRODUCTION TO THE STUDY 1 1.1. Introduction 1 1.2. Background of the Study 2 1.3 Statement of the Problem 7 1.4 Objectives of the Study . 10 1.5 Research Question . 11 1.6 Research Hypothesis . 11 1.7 Justification of the Study . 12 1.8 Scope and Limitation of the Study 13 1.9 Theoretical Framework . 13 CHAPTER TWO: LITERATURE REVIEW 18 2.1. Introduction 18 2.2. ICC Interventions in DR Congo . 18 2.3. Building Peace in a Divided Society 27 2.4. ICC and Peacebuilding . 29 CHAPTER THREE: RESEARCH DESIGN AND METHODOLOGY 34 3.1. Introduction 34 3.2. Research Design . 34 3.3. Target Population . 35 3.4. Sample and Sampling Procedures 35 3.5. Description of Data Collection Instruments . 36 3.6. Validity and Reliability of Research Instruments 38 3.7. Data Analysis Procedures . 39 CHAPTER FOUR: RESEARCH FINDINGS AND DISCUSSIONS 40 4.1. Introduction 40 4.2. Response Rate 40 4.3. Demographic Characteristics of Respondents 41 4.4. Descriptive Statistics 48 CHAPTER FIVE: SUMMARY OF FINDINGS, CONCLUSION AND RECOMMENDATIONS 60 5.2. Summary of the Study 60 5.3. Summary of Findings . 61 Recommendations . 65 Conclusion 66 REFERENCES 67 APPENDICES . 74 논문초록 83 ; Master
Can public diplomacy help resolve protracted international conflicts? Both rationalist and constructivist traditions identify significant domestic obstacles to international peacemaking. However, Robert Putnam's concept of "reverberation" implies that diplomats can expand their adversaries' win-sets for cooperation by engaging foreign publics. This paper analyzes a most-likely case, with archival evidence: Argentine Ambassador Oscar Camilión's unsuccessful quest for Argentine-Brazilian rapprochement in 1976–77. Although the two countries later overcame rivalry, public diplomacy contributed negligibly to this success: internal Argentine divisions created mixed messages toward Brazil, Brazilian leaders launched a competing public relations operation, and these two currents obstructed and nearly terminated Camilión's mission. This case illuminates the paradoxes of Argentine foreign policymaking under military rule and offers a cautionary tale for scholars and practitioners of public diplomacy and conflict resolution.
The revelation of a series of child abuse incidents committed by Catholic priests and other members of religious orders has given rise to the question of establishing the responsibility of the Holy See for these acts under international human rights law. This article focuses on the report issued in 2014 by the Committee on the Rights of the Child, the monitoring body of the Convention of the Rights of the Child (crc). It is argued that in order to fulfil this task we need to take three steps: first, to establish the relationship between the Vatican City state and the Hole See, a distinct and peculiar international legal subject. To do so, a historical account of the Holy See and its position within the fabric of international law is considered necessary. Secondly, this article argues that the crc was ratified by the Holy See both in its capacity as the government of the Vatican City and as a non-territorial legal subject. Hence, the application of the crc is not confined within the limited territory of the Vatican City, but 'follows' the authority of the Holy See irrespective of state borders. Thirdly, it is argued that the vertical, hierarchical structure of the Holy See is homologous to that of the modern state and, therefore, attribution rules can be applied by analogy in this case. The final conclusion is that it is possible to hold the Holy See responsible under the crc for acts of child abuse that occurred under its authority around the globe.
Many international organizations, especially economic and financial or technical organizations, commonly provide for resort to arbitration to settle disputes opposing them to their member states or to individuals. A distinction must be drawn between the clause in the organization's constitutive treaty authorizing it to make use of this jurisdictional technique (constitutional arbitration clause) and the compromis by which the organization agrees with its opponent to go to arbitration in a specific instance. These are two " agreements" about the scope of which no mistake should be made.
AbstractThe complexity of contemporary relations and problems, exacerbated by the intricacies of international interaction, pose an enormous challenge to law in general and international law in particular. This paper focuses on two of the various reactions of the legal doctrine to this complexity: on the one hand, the embracement of the novel circumstances and phenomena in their own right – the new governance approaches (NG); on the other hand, the insistence on traditional legal tools but under a renewed understanding thereof in line with changing circumstances – the global administrative law approaches (GAL). The first part of the argument here is that within particular regulatory contexts NG and GAL find their expression in sector-specific and public law approaches, respectively. The paper goes on to essentially argue for a lato sensu public law analysis to be undertaken cumulatively with – and not alternatively to – the sector-specific analysis. This serves to further support the view that NG and GAL are not antithetical; they are rather complementary, and in fact they seem to show a lot of promise in mitigating the (normative) defects of each other.
