UN Security Council Resolutions 1907 and 2023: Any Relevance to International Criminal Justice?

Abstract

In December 2009 and December 2011, the United Nations (UN) Security Council adopted Resolutions 1907 and 2023, respectively, adopting stringent sanctions against the Eritrean Government, and its political and military leadership. The resolutions were promoted mainly by Eritrea’s external belligerent actions, which are deplored as a threat to international peace and order. However, the measures did not include effective deterrent actions commensurate with the transgression they deplored, particularly measures such as prosecution by the International Criminal Court in the event of further non-compliance on the part of Eritrean Government leaders. One serious shortcoming is that the resolutions completely ignore the internal human rights crisis in the country, which according to well established standards of international law, amounts to a situation of crimes against humanity. This article critically interrogates the shortcomings of Resolutions 1907 and 2023 and the factors that limited their contribution to the advancement of international criminal justice.