Securing Human Rights?: Achievements and Challenges of the by Bardo Fassbender

By Bardo Fassbender

In the course of the first many years of its lifestyles, many held the view that the UN protection Council could in a few senses immediately inspire the security of human rights by means of preserving foreign peace. even if because the finish of the chilly battle there were starting to be matters that the Council is a strength with the capability to do damage to the reason for human rights, even to the level of violating the rights of people. The chapters of this quantity take a more in-depth examine those facets of the safety Council's involvement in human rights; either its efforts to advertise and implement human rights, and its activities that, with the purpose of holding and restoring foreign peace, even have the capability to jeopardize human rights.

This ebook represents a suite of person perspectives and value determinations of ways the Council has handled human rights concerns within the post-Cold warfare interval, really within the situations of the commercial sanctions imposed on Iraq and the specified sanctions directed opposed to the Taliban and supporters of the Al Qaida community. Written through specialists within the box of foreign legislation, they're either optimistic and unfavourable, severe and analytical. jointly they provide a range of other views and overview the contribution of the protection Council to the advertising of human rights, highlighting attainable street for development.

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The ‘safe havens’ were effective in averting further repression, stemming the flow of refugees, and allowing the return of almost half-a-million Kurdish refugees to relative safety. See Schachter, ‘United Nations Law in the Gulf Conflict’ (1991) 85 AJIL 452; Alston, ‘The Security Council and Human Rights: Lessons to be Learned From the Iraq-Kuwait Crisis and its Aftermath’ (1990–1991) 13 Australian Yearbook of International Law 107; Malanczuk, ‘The Kurdish Crisis and Allied Intervention in the Aftermath of the Second Gulf War’ (1991) 2 EJIL 114; Gray, ‘After the Ceasefire: Iraq, the Security Council and the Use of Force’ (1994) 65 British Yearbook of International Law 135; Chesterman (n 68 above) 196–206.

106 Case No ICC-02/05-01/09-OA, The Prosecutor v. Omar Hassan Ahmad Al Bashir, Judgment on the appeal of the Prosecutor against the ‘Decision on the Prosecution’s Application for a Warrant of Arrest against Omar Hassan Ahmad Al Bashir’, 3 February 2010. 107 Case No ICC-02/05-01/09, The Prosecutor v. Omar Hassan Ahmad Al Bashir (‘Omar Al Bashir’), Second Warrant of Arrest for Omar Hassan Ahmad Al Bashir, 12 July 2010. 108 SC Res 1769 (2007), para 15(a). 109 Abass, ‘The United Nations, The African Union and the Darfur Crisis.

At the United Nations, just as it was in Rwanda in 1994, qualifying the crime has given rise to much debate. The Secretary-General, who was asked in June 2004 whether genocide was committed in Darfur, said: ‘we don’t need a label to propel us to act’. The US Congress, in its resolution 467 of 2004 declared that ‘the atrocities unfolding in Darfur, Sudan are genocide’, and urged the Security Council to declare the same. 104 In the International Criminal Court, the Prosecutor’s Application for a Warrant of Arrest against Omar El-Bashir, the President of Sudan on charges of war crimes, crimes against humanity, and genocide, was denied in 104 Report of the International Commission of Inquiry on Darfur to the Secretary-General Pursuant to Security Council Resolution 1564 (2004) of 18 September 2004, S/2005/60, 1 February 2005, paras 663–42.

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