Prosecutor v. Al-Bashir: Decision Under Article 87(7) of the Rome Statute on the Non-Compliance by South Africa with the Request by the Court for the Arrest and Surrender of Omar Al-Bashir (Int'l Crim. Ct.)

2017 ◽  
Vol 56 (6) ◽  
pp. 1061-1090
Author(s):  
Max du Plessis
Keyword(s):  
South Africa ◽  
United Nations ◽  
South African ◽  
Security Council ◽  
Rome Statute ◽  
United Nations Security Council ◽  
The United Nations

The ICC considered two central questions: First, whether South Africa failed to comply with its obligations under the statute by not arresting and surrendering Al-Bashir to the Court while he was in South African territory despite having received a request from the ICC under Articles 87 and 89 of the Statute for his arrest and surrender. Second, whether a formal finding of noncompliance by South Africa in this respect and referral of the matter to the Assembly of States Parties to the Rome Statute or to the United Nations Security Council are warranted.

The Commonwealth and Domestic Jurisdiction

1961 ◽  
Vol 55 (1) ◽  
pp. 29-44 ◽  
Author(s):  
John M. Howell ◽  
Robert R. Wilson
Keyword(s):  
United Nations ◽  
South African ◽  
Security Council ◽  
United Nations Security Council ◽  
League Of Nations ◽  
Internal Conflict ◽  
Domestic Jurisdiction ◽  
The United Nations ◽  
Racial Policy ◽  
The Government

The United Nations Security Council in a resolution passed on August 9, 1960, reaffirmed that “the United Nations force in the Congo will not be a party to or in any way intervene in or be used to influence the outcome of any internal conflict. …” A Commonwealth state, Ceylon, was a cosponsor of this precedent-making resolution. A few weeks earlier the Government of Malaya had announced a boycott on South African goods in protest against South Africa’s racial policy, another dispute involving a domestic jurisdiction plea. Commonwealth members have been parties to approximately half of the disputes in League of Nations or United Nations history that are fairly classifiable as involving pleas of domestic jurisdiction. These recent actions of Ceylon and Malaya suggest that the newer members of the Commonwealth will be no less active in shaping the domestic jurisdiction concept than the older members have been.

scholarly journals The United Nations Security Council Reforms and The Permanent Five Challenge: A Historical Perspective

2020 ◽  
Author(s):  
Aderemi Opeyemi Ade-Ibijola
Keyword(s):  
South Africa ◽  
United Nations ◽  
Security Council ◽  
Historical Perspective ◽  
United Nations Security Council ◽  
International Peace ◽  
Member States ◽  
Peace And Security ◽  
The United Nations ◽  
Middle Powers

The manner in which the United Nations Security Council (UNSC) is presently constituted remains the greatest challenge to the realization of the ambitions of UNSC permanent seat seekers. For the highly infl uential economic giants better known as the “middle powers”- Japan, India, Brazil, and Germany; and African leading contenders such as Nigeria, South-Africa and Egypt ambitions to yield the desired result, they must mandatorily secure the support of the UNSC Permanent fi ve veto holding members. In light of the foregoing, this paper examines the attempts to reform the UNSC since the late 1960s and the roles of the Permanent fi ve members of the UNSC such as Britain, China, France, USA and Russia regarding this endeavour. Specifi cally, it argues that the Permanent fi ve member’s disposition to this issue has been the major challenge to the much desired reform of the UNSC. The UNSC is the main organ of the United Nations (UN) that is vested with powers to maintain international peace and security. Since its creation in mid 1940s, this organ has been criticized for its undemocratic nature by member states whose region are either not represented in the Security Council (SC) or under-represented.  

The Breakdown of the Arms Embargo against South Africa

1977 ◽  
Vol 7 (4) ◽  
pp. 27-34
Author(s):  
Sean Gervasi
Keyword(s):  
South Africa ◽  
United Nations ◽  
Security Council ◽  
Southern Africa ◽  
United Nations Security Council ◽  
Arms Embargo ◽  
The United Nations

Mr. Chairman, Members of the Subcommittee,As you know, the United Nations Security Council called for an arms embargo against South Africa in 1963. Its objective was to prevent South Africa’s acquiring foreign weapons with which to build a modern military machine. South Africa did not have then, and lacks even now, the capacity to produce sophisticated modern arms economically. The Council reasoned at the time that if South Africa were denied supplies of modern arms it would find it difficult to resist the growing internal demands for dismantling apartheid. Many states saw the arms embargo as the best way to ensure peaceful change in southern Africa. And the call for an embargo was issued with that explicit purpose in mind.

scholarly journals The International Criminal Court and Non-Party States

2010 ◽  
Vol 28 (1) ◽  
pp. 1 ◽  
Author(s):  
William A. Schabas
Keyword(s):  
United Nations ◽  
Security Council ◽  
International Criminal Court ◽  
Rome Statute ◽  
International Criminal ◽  
Criminal Court ◽  
United Nations Security Council ◽  
The World ◽  
The United Nations

Although more than half of the States in the world are parties tothe Rome Statute of the International Criminal Court, morethan eighty have yet to ratify. The article considers the relationshipof the Court with these non-party States. It examines theexercise of jurisdiction over their nationals, arguing that internationallaw immunities continue in force despite the terms ofthe Statute. Declarations of jurisdiction by non-party States arealso studied, including the declaration formulated by the PalestinianAuthority with respect to Gaza in January 2009. NonpartyStates may be asked to cooperate with the Court and, whereso ordered by the United Nations Security Council, they may berequired to do this.Quoique plus de la moitié des États du monde soient Partiesau Statut de Rome de la Cour pénale internationale, plus dequatre-vingt d’entre eux ne l’ont pas encore ratifié. Cet articleconsidère le rapport de la Cour avec ces États qui n’y sont pasParties. Il examine l’exercice de sa compétence à l’égard de leursressortissants, soutenant que les immunités du droit internationaldemeurent en vigueur malgré la teneur du Statut. L’article étudieaussi les déclarations de compétence d’États qui ne sont pas Partiesau Statut, y compris la déclaration formulée par l’Autorité palestinienneen rapport à Gaza en janvier 2009. On peut demanderaux États qui ne sont pas Parties au Statut de coopérer avec laCour, et, lorsque cela est ordonné par le Conseil de Sécurité desNations Unies, il peut être exigé qu’ils le fassent.

Prosecutor v. Al-Bashir

2017 ◽  
Vol 111 (4) ◽  
pp. 1007-1013
Author(s):  
Manuel J. Ventura
Keyword(s):  
South Africa ◽  
United Nations ◽  
Rome Statute ◽  
Trial Chamber ◽  
Criminal Court ◽  
United Nations Security Council ◽  
Sensitive Issue ◽  
Head Of State ◽  
The United Nations ◽  
First Time

On July 6, 2017, Pre-Trial Chamber II of the International Criminal Court (the Court or ICC)—composed of Judges Tarfusser, Perrin de Brichambaut, and Chung—held that South Africa violated the Rome Statute of the ICC (Rome Statute) by failing to arrest and surrender to the Court President Omar Al-Bashir of Sudan when he visited the country in June 2015. However, the Court did not refer the matter to the ICC Assembly of States Parties (ASP) or the United Nations Security Council (UNSC) pursuant to Article 87(7) of the Rome Statute. The decision added South Africa to a list of ICC state parties that have failed in their Rome Statute obligations with respect to the incumbent head of state of Sudan. It also marked the first time that the ICC Office of the Prosecutor (OTP), all ICC states parties, and the United Nations (UN) were invited to present their views and argue fully what is perhaps the most legally contentious and politically sensitive issue that the ICC has faced in its history.

UN Peacekeeping Operations and Successful Military Diplomacy: A Case Study of Pakistan

2020 ◽  
Author(s):  
Bakare Najimdeen
Keyword(s):  
Foreign Policy ◽  
United Nations ◽  
Security Council ◽  
United Nations Security Council ◽  
Policy Objective ◽  
Peacekeeping Operations ◽  
Un Peacekeeping ◽  
The United Nations ◽  
Peacekeeping Missions ◽  
Military Diplomacy

Few years following its creation, the United Nations (UN) with the blessing of the United Nations Security Council (UNSC) decided to establish the UN Peacekeeping Operations (UNPKO), as a multilateral mechanism geared at fulfilling the Chapter VII of the UN Charter which empowered the Security Council to enforce measurement to maintain or restore international peace and security. Since its creation, the multilateral mechanism has recorded several successes and failures to its credit. While it is essentially not like traditional diplomacy, peacekeeping operations have evolved over the years and have emerged as a new form of diplomacy. Besides, theoretically underscoring the differences between diplomacy and foreign policy, which often appear as conflated, the paper demonstrates how diplomacy is an expression of foreign policy. Meanwhile, putting in context the change and transformation in global politics, particularly global conflict, the paper argues that traditional diplomacy has ceased to be the preoccupation and exclusive business of the foreign ministry and career diplomats, it now involves foot soldiers who are not necessarily diplomats but act as diplomats in terms of peacekeeping, negotiating between warring parties, carrying their countries’ emblems and representing the latter in resolving global conflict, and increasingly becoming the representation of their countries’ foreign policy objective, hence peacekeeping military diplomacy. The paper uses decades of Pakistan’s peacekeeping missions as a reference point to establish how a nation’s peacekeeping efforts represent and qualifies as military diplomacy. It also presented the lessons and good practices Pakistan can sell to the rest of the world vis-à-vis peacekeeping and lastly how well Pakistan can consolidate its peacekeeping diplomacy.

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