UNSC Resolution Research Articles

The Cultural Genocide that Resulted from the Agreement between Macedonia and Greece Concluded in Prespa Village ("Prespa Agreement", 2018) and the Process of Assimilation of the Macedonian Identity ("Bulgarization") as a Result of the Dismantling and Annihilation of the National Identity of Ethnic Macedonians

In this paper, we have shown how Macedonia, in its misperception that Security Council Resolutions 817 (1993) and 845 (1995) were legal UN acts, nonsensically negotiated for three decades over the legally impermissible sovereign matter of national identity, virtually not understanding that the legal identity is the basic element of sovereignty and the juridical personality of any state and at the same time an inviolable category of "national identity of a sovereign people" (which is an essence of the cultural sovereignty). In their apparent ignorance, all Macedonian governments didn’t notice that the Macedonian state without the legal identity(as a de facto, even de jure nameless State) was admitted to the UN membership by an error and an omission (deli ct of omission)committed by the main political bodies of the UN when they admitted Macedonia under prohibited additional conditions extraneous to the legally defined scope of general UN membership conditions, prescribed by Article 4 (paragraph 1) of the UN Charter. One of the two illegal additional conditions that was imposed on the candidate state for admission to the UN was to negotiate with another state about its sovereign legal identity, that is, about its constitutional name (that obviously constitute essential internal matter within domestic jurisdiction), which was disputed by the UN organs (whereas the second additional condition of the UN membership was mandatory usage of the provisional reference (the FYROM). With the imposition of the reference, UN basically created a ban on using the proper constitutional name of the UN candidate and replaced that constitutional identity with a temporary vague reference-denomination (only for the needs of UN). Not noticing that UN had committed a tort of omission and that in the imposition of supplementary additional(and illegal) conditions, UN organs actually exceeded their powers (committing an ultra vires act), Macedonians continued baseless negotiations over its constitutional name. After UNSC resolutions of 1993, when Greece was unable to initiate a new UNSC resolution (since problem was not of the security nature, as was realized by more and even more UN members) Macedonia naively continued with negotiations, first with the conclusion of the legally controversial Interim Accord (1995) that in essence provided an expansion of the range of the sovereign identity issues on the table, and finally Macedonian ignorance resulted to the conclusion of the Prespa agreement (PA) as a complete and comprehensive re-definition of the (previous-original) Macedonian national identity.

Women in Mediation Leadership: UNSC Resolution 1325 and IGAD’s Mediation in South Sudan

Women in Mediation Leadership: UNSC Resolution 1325 and IGAD’s Mediation in South Sudan

CRITICAL OVERVIEW OF PRINCIPLE OF TERRITORIAL INTEGRITY UNDER INTERNATIONAL LAW

The tapestry of world affairs in the post-Westphalian era has introduced various multifaceted concepts for the protection and preservation of the territorial integrity of states around the world. Unlike in the medieval ages when the rule of ‘might is right’ was prevalent, the concept of territorial integrity has provided an impeccable locus standi to all the big and small legitimate countries. The protection of the inviolability of their territorial jurisdiction is guaranteed under the auspices of an effective international legal framework. In the following lines, various aspects of the “principle of territorial integrity” have been critically evaluated in considerable detail. The facets about evolution, interpretations, differences with other resembling concepts under the principles and theories of international law have been construed herein below. Moreover, the use of the “principle of territorial integrity” for the resolution of past disputes has also been mentioned at great length. The prospects and recommendations for using this principle for settlement of present international territorial disputes for the collective peace and serenity of the world have also been elaborated in the final part. Keywords: Territorial integrity, international law, UN Charter, ICJ, Unilateral annexation, Threat or use of force, UNSC Resolution, Sanctions.

Features of Albanian separatism in Kosovo and Metohija

Authors examine the formation and development of Albanian separatism in the Serbian province of Kosovo and Metohija. The article deals with the main aspects of the history of creation and functioning of the first armed extremist groups of Kosovo Albanians, in particular the activities of the Kosovo Liberation Army (KLA) during the hottest phases of the Kosovo crisis in the 1990s, including the role of international actors in the development of Albanian terrorism in the Serbian province. In the article, the authors conclude that Albanian separatism is not a spontaneously organized ethnic group with the aim of fighting against "terror" perpetrated by state power, but is instead the embodiment of the idea of a "Greater Albania", projected in the First and Second Prizer Leagues. Western countries also actively supported the formation, training, logistical support and funding of the KLA. The leader among Western states supporting Albanian separatism in Serbia was the United States, which provided Kosovo separatists with comprehensive support. With the adoption of UN Security Council Resolution 1244 and the arrival of the UN Military and Civil Mission in Kosovo and Metohija (KFOR and UMNIK), Albanian extremists and terrorists used all-out violence to expel the non-Albanian population from Kosovo and Metohija. The separation of Kosovo from Serbia, which took place under the careful guidance of the international community represented by the USA and the EU, as well as the recognition of the so-called Kosovo's "independence" by, above all, Western countries, grossly violated not only UNSC Resolution 1244 and international law in general, but also created an international legal precedent which gave other proponents of territorial secession an excuse and right to seek the same as that of the so-called Kosovo.

Is the UNSC Resolution No. 2664 (2022) on humanitarian exemption a paradigm shift for sanction regimes?

Is the UNSC Resolution No. 2664 (2022) on humanitarian exemption a paradigm shift for sanction regimes?

Gender, race and Orientalism: The governance of terrorism and violent extremism in global and local perspective

ABSTRACT In this article, we investigate two complementary elements of the Preventing and Countering Violent Extremism (P/CVE) agenda. The first concerns the ways in which race and gender structure the logics of the multilateral counterterrorism landscape that has taken form since the adoption of UNSC Resolution 2178 in September 2014. The second traces how this global discourse in turn shapes local dynamics, specifically in relation to the reproduction of P/CVE discourse in Australian national P/CVE strategy. We argue that the ways in which the governance of terrorism and violent extremism can be imagined discursively, in practical, material form, is shaped by co-constitutive racialised and gendered assumptions, logics, and representations. We pay particular reference, at the global level, to the post-2014 landscape at the United Nations, and its implications for the reproduction of gendered, racialised and orientalist governance logics at the local level, in the Australian context. We demonstrate that race and gender together mould the governance of terrorism and violent extremism and its range of practices. We work, especially, to extend the knowledge base of critical research on race and gender in the governance of terrorism and violent extremism, and to contribute to decolonising neoliberal global governance.

PUTİN VE MEDVEDEV’İN DIŞ POLİTİKALARININ KARŞILAŞTIRMALI ANALİZİ: SURİYE VE LİBYA ÖRNEĞİ

This article explains the shift in Russia’s foreign policy strategy towards the Middle East. Particularly, it aims to address the question of why Russia supported the UNSC Resolution 1970 towards Libya in 2011 but refused to cooperate with the West in Syria. In this article, it is argued that the West’s use of the authorization of the no-fly zone as a green light for military intervention in Libya paved the way for Russia’s obstinacy in Syria. To test this hypothesis, this article focus on the foreign-policy decision-making mechanism in Russia regarding these two events. In this article two decision-making processes are compared to provide an alternative explanation of Russia’s Middle Eastern policy. This article contributes to the existing literature on Russian foreign policy and Foreign Policy Analysis literature.

The Role of International Mediation in Defining Kosovo’s Final Status

The trajectory that the process of defining the political-legal status of Kosovo has followed has been as complex and difficult, as well as unclear both in terms of time and content. While UNSC Resolution 1244 maintained (suspended) Yugoslavia's sovereignty over Kosovo and the UN international administration (UNMIK) was envisaged as a transitional phase then both sides, the Albanian and the Serbian side had completely different expectations. The first expected that after the removal of international administration Kosovo would declare its independence and begin life as an independent entity, while the second, the Serbian side, expected the restoration of sovereignty there, allowing for substantial autonomy. In these circumstances during 2004, especially after the events of March 2004, the status quo could not be maintained for long and the international community began to move slowly towards defining the future status of Kosovo.

U odbranu neizvesnosti - dobre strane neodređenih pravila međunarodnog prava

The paper discusses uncertainty in international law from the perspective of its indeterminate rules against an often held view that such rules are bad news for international law. First, it shows that indeterminate rules are not a pathology, but inevitable in international law due to the diversity of states, their different interests, as well as complexities of some of the issues those norms attempt to regulate. Second, the paper claims that there is an upside in indeterminate rules if international law is conceptualized through its argumentative side. These values are explained through concrete examples of indeterminate provisions from the Treaty on the Non-proliferation of Nuclear Weapons and the UNSC Resolution 2249, a classical example of "constructively ambiguous" text. Relying on the works of Waldron and Hakimi, the paper explains how indeterminate rules accommodate disagreements, and consequently provide at least minimal regulation of certain contested issues, sustain international community, and, moreover, demonstrate how international law operates.

UKRAINE’S STRATEGIES OF EMPOWERING WOMEN IN PEACE-BUILDING: IMPLEMENTATION OF UN SECURITY COUNCIL RESOLUTION 1325 ON WOMEN AND PEACE AND SECURITY

In the second half of the 20th century the issue of rights and opportunities for women became actively discussed in the international politics; however, the peace and security sector did not immediately become gender-sensitive. On 31 October 2000 the UN Security Council adopted the resolution on Women and Peace and Security (S/RES/1325). The resolution reaffirms the important role of women in prevention and resolution of conflicts, peace negotiations, peace-building, peacekeeping and humanitarian response as well as in post-conflict reconstruction. It also highlights the importance of women’s equal participation and full involvement in maintenance and promotion of peace and security. UNSC Resolution 1325 urges all members to increase the participation of women and incorporate gender perspectives in UN peace and security efforts.The article discusses the essential role of gender perspective in women’s empowerment strategies adopted in Ukraine that focus on preventing and counteracting armed conflicts, national security, and peace-building. As a UN member state, Ukraine had to adopt Resolution 1325 along with other resolutions of the UN Security Council that are included in Women, Peace and Security agenda. In 2016 the Ukrainian government approved the National Action Plan on Implementation of the UN Security Council Resolution 1325. What seems peculiar is that Ukraine adopted this document during an active military conflict.The article examines the institutional aspects of implementation of the first National Action Plan on Women, Peace and Security until the adoption of the second National Action Plan on 28 October 2020. In particular, the author analyses the implementation of UNSC Resolution 1325 in Ukraine at the megalevel (international institutions) and the macrolevel (national approval institutions of equal rights and opportunities).

Female Peacekeepers: UNSC Resolution 1325 and the Persistence of Gender Stereotypes in the Chilean Armed Forces

ABSTRACT In 2000, the United Nations Security Council Resolution 1325 on Women, Peace and Security recognized an urgent need to mainstream a gender perspective into peacekeeping operations in order to achieve gender equality. UN member states have been called upon to implement the Resolution through National Action Plans. Almost two decades after its adoption, research indicates that progress towards the goals set in Resolution 1325 has been slow. This article builds on the case of the Chilean military to assess whether and to what extent a gender perspective has been incorporated into the country’s peacekeeping practice. We argue that gender stereotypes have persisted despite Chile’s status as a regional pioneer in promoting gender equality in its defence policy. Paradoxically, the new opportunities peacekeeping offered for women in the military have been legitimized by a discourse that conforms to traditional gender stereotypes, such that women serve as the ‘peaceful and friendly face’ in peacekeeping.

A Discourse Analysis of Selected Newspapers Articles on UNSC Resolution 2334

A Discourse Analysis of Selected Newspapers Articles on UNSC Resolution 2334

The role of international organizations in the development of security sector in Kosovo: Advantages and constrains

Pursuant to UNSC Resolution 1244, following the war and the NATO bombing campaign, Kosovo was placed under an international administration, by the United Nations Interim Administration Mission in Kosovo (UNMIK). After the end of the war, the course of the security policies in Kosovo was directed mainly by international actors. Basically, the security sector was non-existent, whereas the international military and civilian presence was responsible for the security of Kosovo’s borders and the protection of public order. The responsibility for security thus belonged to the international community and was progressively transferred to the Kosovo security institutions. While in the beginning, the takeover of security by the international community was a necessity in order to provide peace and stability, the prolongation of the delegation of ownership to local institutions created disadvantages in terms of timely and professional development. During international administration, the undefined political status of Kosovo influenced the security sector as an area reserved for the international community.

Spoljna politika Rusije i rusko-srpski odnosi

The article outlines the basic principles of Russian foreign policy and traces their implementation in the context of the strategic partnership between Russia and Serbia. In 2020, the world celebrates related jubilees, the 75th anniversary of the Victory in the Second World War and the establishment of the UN. Russia, as one of the principal architects of the World Organization, advocates the strengthening of the UN central role in international affairs and fostering a polycentric and fair world order based on the rule of international law, primarily the UN Charter. Harmonization of integration processes in various parts of the world is essential. To that end, President of the Russian Federation Vladimir Putin introduced the initiative of the Greater Eurasian Partnership. Conscious of its special responsibility for maintaining peace and security, Russia is committed to promoting political and diplomatic settlement of crises and working with all interested countries in order to build a global common space of equal and indivisible security and strategic stability. Russia aims at further dynamic development of mutually beneficial cooperation with Serbia across a wide range of fields. A trust-based high-level political dialogue plays the decisive role. Russian stance on the Kosovo settlement remains unchanged and is based on UN SC Resolution 1244.

Seema Shekhawat, dir, Gender, Conflict, Peace, and UNSC Resolution 1325, London, Lexington Books, 2018

Seema Shekhawat, dir, Gender, Conflict, Peace, and UNSC Resolution 1325, London, Lexington Books, 2018. An article from journal Revue québécoise de droit international / Quebec Journal of International Law / Revista quebequense de derecho internacional (Volume 31, Number 1, 2018, pp. 1-336), on Érudit.

Co-Optation of Feminism: Gender, Militarism and the UNSC Resolution 1325

United Nations Security Council Resolution 1325 is often referred to as a landmark resolution. Despite its revolutionary potential, I argue that the Resolution was developed through gendered discourses that allowed its use for militarist purposes. Informed by poststructuralist international relations feminist theory, I refer to the Resolution as a discursive practice and claim that the ways in which the UN conceptual apparatus understands and interprets gender and security open up possibilities for states to co-opt the very radical meaning of the Resolution by legitimising and normalising militarist practicing and silencing anti-militarist critique. In order to show this, I examine the gendered discourses behind the creation of the Resolution and address two major ways (including the ongoing militarisation processes in the Republic of Armenia) by which the Resolution is being militarised. (The full text is available in English and in translation into Ukrainian).

Entering the Invisible College: Defeating Lawyers on Their Own Turf

The fifth volume of the Chilcot Report describes the development of the legal advice provided by Lord Goldsmith to the British government on the legality of the invasion in Iraq. It tracks his change of mind from the view that UNSC Resolution 1441 did not authorise military action, to the ‘better view’1 that no further resolution was needed to authorise military action. Some sixty pages into volume 5 of the Report, a remarkable exchange between Lord Goldsmith, Jack Straw and Sir Michael Wood is described.2 It starts with a memo by Wood, who states there is ‘no doubt’ about the illegality of using force against Iraq, ‘without a further decision of the [Security] Council,...

Victims, soldiers, peacemakers and caretakers: the neoliberal constitution of women in the EU’s security policy

ABSTRACTFeminist scholars praise and criticize the UNSC Resolution 1325 on Women, Peace and Security for its considerations of women and gender in conflicts. Poststructuralist feminists show how gender is constructed in the UN’s security policies and how these constructions reproduce gendered dichotomies between women and men and representations of women as victims, part of civil society and neoliberal subjects. Although the UNSC Resolutions 1325 and 1820 are implemented by the EU, there is no literature on how the EU is taking up the UN’s discourse. Scholars studying gender policies in and of the EU mainly analyze the (in)effectiveness of EU gender mainstreaming but rarely interrogate its discursive foundations. Using a governmentality perspective, I argue that on the one hand the EU produces a binary and stereotypical understanding of gender, and on the other hand constitutes women as neoliberal subjects responsible for their own well-being, ignoring broader structures of (gender) inequality and war and making gender equality solely an instrument to achieve more security and development.

A seat at the table is not enough: understanding women’s substantive representation in peace processes

While the international community stresses the importance of including women at the peace table so peace processes will better represent their needs and interests, it is unclear what specifically this inclusion entails. Do women need to be negotiators, mediators? Do peace agreements adequately represent women’s interests when women are included? This article engages UNSC Resolution 1325 on Women, Peace and Security as a framework through which to assess peace processes and agreements. A woman-focused examination of all civil war peace processes reveals that less than 10% meet women’s inclusion as envisioned in UNSCR 1325. This article focuses on the three conditions accounting for women’s substantive representation in peacebuilding. What emerges are three joint necessities: an explicit women’s agenda; access to the peace process; and advocacy within the process. The final sections problematise how even in all of these positive cases women had to fight to participate.

Canada’s Sanctions Regime Regarding Iran: How Much has Changed in a Post-Joint Comprehensive Plan of Action Regulated Market?

The negotiation of the Joint Comprehensive Plan of Action (‘JCPOA’) further to the United Nations Security Council (‘UNSC’) Resolution of 20 July 20151 (‘July 2015 UNSC resolution endorsing the JCPOA’) portends, on full implementation, several significant changes affecting commercial and financial transactions in and with Iran.2 However, for anyone in Canada and Canadians abroad, the question is whether the JCPOA will result in a repositioning of Canadian sanctions compliance regarding Iran to respond to this evolving Iran sanctions regime. This article will explain that although there will be changes to Canada’s sanctions regime for Iran, most of the current sanctions regime will remain in place now and that for most business in Canada the status quo will prevail for the foreseeable future. This article discusses why. But before doing so, it is important to note that Canadian regulators can seek and in fact have sought criminal sanctions including incarceration for violations of Canada’s sanctions laws on Iran.