scholarly journals The War in Tigray and the Challenges Faced by the United Nations

2021 ◽  
Vol 16 (1) ◽  
Author(s):  
Eyassu Gayim

The war in Tigray reveals all the features of international crimes, including genocide. This is a full-fledged war, carefully planned, coordinated and executed, including by relying on external actors. The aim is to destroy Tigray and its people. The conflict has deep historical roots, including for establishing the Federal system for Ethiopia in 1991. The forces that control this state have now fragmented this territory, established a reign of terror, and are using hunger as a weapon for their political goals. This is why 80% of the population finds itself at the mercy of the external world for survival.

2021 ◽  
Vol 1 (4) ◽  
pp. 150-156
Author(s):  
Aghem Hanson Ekori

The creation of the ICC was a turning point in the fights against impunity for serious international crimes affecting mankind. Accordingly, the ICC does not recognise any form of immunities before its jurisdiction. Consequently, individuals and senior state officials cannot rely on any form of immunities if accused of any of the crimes within the jurisdiction of the Court. In the Jordan case regarding Al Bashir’s immunity, the ICC’s Appeals Chamber held that by ratifying the Rome Statute, states parties have consented to waive the immunity of their officials regarding proceedings before the Court. As a result of this, there is no immunity between the Court and states parties and between states parties themselves, and Sudan was bound by the Statute of the Court based on the United Nations Resolution 1593. In the Ntaganda case, the Court held there is no impunity for serious international crimes before its jurisdiction. This article examines both cases and concludes that while in the Jordan case there is victory for serious international crimes and the fights against human rights violations over immunity before the ICC, there is also victory for serious international crimes over impunity before the Court as seen in the Ntaganda case.


2018 ◽  
Vol 57 (5) ◽  
pp. 960-965
Author(s):  
Scott A. Gilmore

On September 21, 2017, the United Nations Security Council unanimously passed Resolution 2379 mandating the establishment of an Investigative Team to collect and preserve evidence for use in national courts of international crimes carried out by the terrorist group Islamic State in Iraq and the Levant (ISIL). Resolution 2379 marks a growing trend in the United Nations’ establishment of investigative mechanisms to support the domestic prosecution of international crimes, in lieu of referrals to the International Criminal Court or creation of ad hoc international or hybrid tribunals.


2014 ◽  
Vol 108 (4) ◽  
pp. 722-749 ◽  
Author(s):  
Nina H. B. Jørgensen

Legal regulation of the arms trade has been slow to evolve despite the promotion after World War I of the idea that, for the sake of peace, arms exports should be limited and despite the condemnation on moral grounds of private arms traders who helped to rouse conflict. Article 26 of the United Nations Charter tasked the Security Council with initiating plans for the establishment of a system to regulate armaments in order to promote peace and security and to restrict the diversion of the world’s resources to military expenditure. The extent of this “diversion” of resources is reflected in the estimate that the total value of the global arms trade in 2013 was at least $85 billion. The United Nations’ efforts, which included the public Register of Conventional Arms and a program of action relating to the illicit trade in small arms, culminated in the adoption of the long-awaited Arms Trade Treaty (ATT) on April 2, 2013, which enters into force on December 24, 2014.


1993 ◽  
Vol 27 (1-2) ◽  
pp. 247-267
Author(s):  
M. Cherif Bassiouni

Since 1946, the United Nations efforts to codify international crimes and to establish an international criminal court have overlapped, with scant results from either endeavor.The Assembly began its efforts to codify international crimes in its first session when the United States sponsored resolution 95 (I), adopted on December 11, 1946, which affirmed “the principles of international law recognized by the Charter of the Nuremberg Tribunal and the judgment of the Tribunal”. Furthermore, the Assembly directed the Committee on the Codification of International Law, the International Law Commission's predecessor, to formulate a general codification of offenses against the peace and security of mankind.In 1947, the United Nations established the International Law Commission (ILC). In a resolution again sponsored by the United States the United Nations directed the ILC to:(a) formulate the principles of international law recognized in the Charter of the Nuremberg Tribunal and in the Judgment of the Tribunal, and(b) prepare a draft code of offenses against the peace and security of mankind, indicating clearly the place to be accorded to the principles mentioned in sub-paragraph (a) above.


2019 ◽  
Vol 4 (1) ◽  
pp. 54-65
Author(s):  
I Nyoman Sindhu Gautama

The form of cooperation between countries in the practice of customary international law can be done through Mutual Legal Assistance Treaties (MLATs). This form of cooperation appears in the practice of eradicating international crimes, which are transnational or international crimes as an act of implementing other agreements, which have been carried out among the countries involved in it. Law enforcement efforts against international crimes can be carried out through extradition treaties. Apart from that, other international agreements, both bilateral and multilateral, or mutual legal assistance treaty or judicial assistance treaty between two or more countries. Mutual Legal Assistance Treaties (MLATs) also emerged because the eradication of crime was not sufficiently enforced by extradition agreements. More and more forms of Mutual Legal Assistance Treaties (MLATs) have been agreed upon, for example the United Nations Convention Against Corruption in 2003, the United Nations Conventions Against Transnational Organized Crime in 2000. Whereas at the ASEAN Regional level, the Treaty Mutual Legal Assistance in Criminal Matters in 2004. If this is well developed, especially in the State of Indonesia, then efforts and implementation in resolving these transnational problems can be overcome.


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