United Nations Resolution Research Articles

In the Shadow of Ukraine: India’s Choices and Challenges

In 2022, India captured global attention over its response to the war in Ukraine. While calling for both parties’ return to diplomacy, India abstained from several United Nations resolutions condemning Russian aggression. For a country that ostensibly subscribes to the values of democracy and territorial integrity, its response appeared frustrating and contradictory, but it is broadly consistent with its long-standing policy of non-alignment. Although India’s relationship with China is increasingly contentious, New Delhi is not yet fully convinced that it is in India’s interest to swing westwards. The country’s relations with Russia and China are deep, complex and substantive. In addition to the military and economic benefits it derives from its connection with Russia, New Delhi and Moscow share an avowed preference for a more equal, multipolar world. India will eventually have to reflect on the extent to which it can sustain its balancing act.

Book Review: The Legal Legacy of the Special Court for Sierra Leone (2020), ISBN-13: 978-1107178311, by Charles C. Jalloh

This article reviews the book by Professor Charles C. Jalloh, <strong>The Legal Legacy of the Special Court for Sierra Leone</strong>, published in 2020 by Cambridge University Press. In this book, the author examines the “hybrid” international/national criminal tribunal, known as the Special Court for Sierra Leone (SCSL), which was created under a pathbreaking bilateral treaty between the United Nations (UN) and the country of Sierra Leone as a UN member state. Jalloh seeks to evaluate the contributions made by SCSL to the development of international criminal law. In particular, he assesses the scope and significance of SCSL legal contributions from its solutions to problems arising between its opening and the completion of its work in 2013, having to do with personal and temporal jurisdiction; gender crimes as crimes against humanity; recruitment of children as war crimes; head-of-state immunity; amnesty; and tensions between criminal tribunals and truth commissions. <strong>Keywords:</strong> ICTR; Kabbah, Ahmad Tejan; Liberia; Lomé Peace Agreement; Rome Statute; RUF; Sierra Leone civil war; Sierra Leonean law; SCSL appeals chamber, trial chambers, registrar's office, prosecutor's office, and defense office; Taylor, Charles; temporal jurisdiction; The Hague; Truth and Reconciliation Commission; United Nations (UN) Secretary-General, Security Council, and Resolution 1315

States obligations on Terrorism and Anti-Terrorism laws in Pakistan: An Overview

The growing debate on terrorism is sensitive, and its effects are dreadful. States are under international legal obligations to respect, protect and fulfill people's basic human rights without discrimination and distinction.States are required to remove the effects of terrorism, which are outrageous and alarming. In this context, this article focuses on terrorism and International law. It aims to analyze provisions of international law pertaining to terrorism and to present ways to establish universal peace. It analyses the relevant United Nations (UN) resolution sand international legal documents to evaluate the States' obligations. It also analyses the legislation of Pakistan on terrorism as a case study for identifying the lacuna's and loopholes in the existing legal framework. Based on the legal framework, the paper elaborates on the obligations of states in relation to terrorism. It argues that laws on terrorism in Pakistan are sufficient. However, there is needed to implement laws effectively in order to meet growing challenges. There is still a need for improvement in the implementation mechanism pertaining to counter-terrorism measures taken by Pakistan. The line of argument is that states must conform to norms of international law in practical terms, and universal peace can only be established if social justice is guaranteed and human rights protection at every level is ensured.

Brief Synopses of New Arabic-Language Publications

Brief Synopses of New Arabic-Language Publications

Regulatory and Policy Responses toward SDGs in Achieving Sustainable Agriculture Productivity in Indonesia

As one of the countries adopted the United Nations Resolution 70/1 on the agenda entitled “Transforming Our World: 2030 for sustainable development to end hunger, achiever food security and improved nutrition and promote sustainable agriculture, Indonesia is duty bound to realize these Sustainable Development Goals (SDGs) by 2030. The purpose of this study is to identify and analyze the regulatory framework and government policy towards SDGs in achieving sustainable agricultural productivity in Indonesia. This research is normative legal research with a statutory approach and an analytical approach to the problem of agricultural development in Indonesia. By using a qualitative descriptive method, this study would describe government regulations and policies related to SDGs in achieving sustainable agricultural development. The result of this study shows that the regulations and policies set by the Government of Indonesia are in line with the Sustainable Development Goals in particular the second goal of increasing agricultural productivity in a sustainable manner especially the second SDGs goals, namely ending hunger by revitalizing agriculture and increasing the competitiveness and value added of agricultural commodities. However, this regulatory framework cannot be said to be effective in realizing sustainable agriculture productivity in Indonesia because the related regulations are not optimal and comprehensive.

Land Grabbing

Jammu and Kashmir (J&amp;K) is a disputed territory according to the United Nations (UN) resolutions unless the people exercise their right to self-determination and decide their own fate. India has maintained its special status through specific arrangements in its constitution. On August 5, 2019, the BJP-led Indian government removed the special guarantees given to the Indian Illegally Occupied Jammu and Kashmir (IIOJK) through the abolition of articles 35-A and 370 of the Constitution of India in an act of clear violation of international law. Since then, it has undertaken numerous actions in legislative and administrative realms to bring about a demographic change in the occupied territory and marginalize the indigenous population, threatening its identity, and culture.

School Of The Elderly As A Convenience For Effective Humanization: A social criticism of the universality of Bangka Belitung Society

Abstract&#x0D; Naturally, the elderly experience many setbacks in terms of physical, psychological, social, economic, and health. Therefore, it requires better attention and handling, as mandated by Law Number 13 of 1998 concerning the Welfare of the Elderly. attention to the elderly was given by the United Nations (UN) by making October 1 as World Elderly Day as stated in UN resolution No.045/206 of 1991. Then the Indonesian government followed up on the UN resolution by setting the Day of the Elderly in Indonesia on 29 May. In fact, most of the people from outside the island of Bangka Belitung are elderly who are spread across several districts from cities to rural areas, they migrate with their families, some also come with their relatives. To maintain the survival of the elderly, it is necessary to empower the elderly to support the degree of equality of social life, health and improve the quality of their lives so that the ELDERLY residents do not become a burden for themselves. Family and society.Provide health insurance by collaborating with doctors and the medical team through an MoU with the nearest hospital, health center, and practicing doctor. Pay attention to their health and provide education about nutritious food. Involving with other creative and social humanitarian programs, inviting visits to the community to do social services for fellow elderly in elderly institutions or nursing homes and other nursing homes for the community.&#x0D;

The ICC’s Appeals Chamber Judgments in the Jordan Case Regarding Al Bashir and Ntaganda Case: Victories for the Fights against Impunity and Immunity for Serious Crimes

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.

The Process of Decolonization of Mauritius and the Right to External Self-Determination of Colonial Peoples

The right to self-determination is a collective right and one of the most significant human rights. In accordance with the right to self-determination, peoples can choose their destiny in terms of political, economic, or cultural development without any external interference. However, the scope and content of the right to self-determination have remained controversial since the emergence of this right. In particular, the legal nature of the right to self-determination has been argued; while some posit that it is a legal norm, others hold that it is merely a political status in the international arena that came to light throughout the decolonization process during 1960s and still is nowadays. In spite of the codifications of the United Nations (UN), this matter is still discussed in the international arena. Relatedly, this dispute has more recently affected the process of decolonization of Mauritius. In this case, the Chagos Archipelago was separated from Mauritius by the British Government while Mauritius was in the process of gaining its independence based on the right to selfdetermination. This research would first like to focus on the scope and content of the right to external self-determination of colonial peoples according to the UN resolutions and scholars’ opinions as well as states’ practices. Second, this paper will examine the legality of the process of decolonization of Mauritius in light of the International Court of Justice’s (ICJ) advisory opinions and scholarly work.

The Black Pacific and the Shapes of Global Black Power

The Black Pacific and the Shapes of Global Black Power

Implementing a digital mental health intervention for individuals with psychosis - a multi-country qualitative study

BackgroundImplementation of psychosocial interventions in mental health services has the potential to improve the treatment of psychosis spectrum disorders (PSD) in low- and middle-income countries (LMICs) where care is predominantly focused on pharmacotherapy. The first step is to understand the views of key stakeholders. We conducted a multi-language qualitative study to explore the contextual barriers and facilitators to implementation of a cost-effective, digital psychosocial intervention, called DIALOG+, for treating PSD. DIALOG+ builds on existing clinician-patient relationships without requiring development of new services, making it well-fitting for healthcare systems with scarce resources.MethodsThirty-two focus groups were conducted with 174 participants (patients, clinicians, policymakers and carers), who were familiarized with DIALOG+ through a presentation. The Southeast European LMICs included in this research were: Bosnia and Herzegovina, Kosovo, (Kosovo is referred throughout the text by United Nations resolution) North Macedonia, Montenegro and Serbia. Framework analysis was used to analyse the participants’ accounts.ResultsSix major themes were identified. Three themes (Intervention characteristics; Carers’ involvement; Patient and organisational benefits) were interpreted as perceived implementation facilitators. The theme Attitudes and perceived preparedness of potential adopters comprised of subthemes that were interpreted as both perceived implementation facilitators and barriers. Two other themes (Frequency of intervention delivery; Suggested changes to the intervention) were more broadly related to the intervention’s implementation. Participants were exceedingly supportive of the implementation of a digital psychosocial intervention such as DIALOG+. Attractive intervention characteristics, efficient use of scarce resources for its implementation and potential to improve mental health services were seen as the main implementation facilitators. The major implementation barrier identified was psychiatrists’ time constrains.ConclusionsThis study provided important insights regarding implementation of digital psychosocial interventions for people with PSD in low-resource settings by including perspectives from four stakeholder groups in five LMICs in Southeast Europe – a population and region rarely explored in the literature. The perceived limited availability of psychiatrists could be potentially resolved by increased inclusion of other mental health professionals in service delivery for PSD. These findings will be used to inform the implementation strategy of DIALOG+ across the participating countries. The study also offers insights into multi-country qualitative research.

The anti‐money laundering and counter financing of terrorism policy in Pakistan: Is it truly combating or just a high‐level desk work bureaucracy?

To combat money laundering (ML)/terrorist financing (TF), Pakistan has joined the Asia Pacific Group in May 2000. Pakistan has ratified and adopted twenty United Nations conventions and resolutions on organized and related crimes. However, these efforts were futile due to deficient legislation and insubstantial implementation caused by a lack of political commitment and will. Although a multi‐agency approach for investigation and enforcement is in place to fight against ML/TF, the geographical location and variety of Pakistan's borders are natural obstacles in implementing a sustainable anti‐money laundering (AML)/counter financing of terrorism regime. Further, the mutual evaluation report stated that Anti‐money Laundering Act (AMLA) 2010's development demonstrates many inconsistencies and deficiencies, resulting in a feeble AML regime. FTAF has endorsed flaws in AMLA and related laws pointed by APG. Pakistan has convicted only one launderer on the implementation front, and assets confiscation is also negligible under AMLA. Moreover, without clarity and harmonization in AMLA, Pakistan finds it difficult to secure a stable position in financial action task force (FATF).

دور الأنظمة العربية في اغتيال فلسطين ونكبة 1948

This research discusses the historical backgrounds that led to the Zionist occupation of Palestine. It demonstrates the significant contrast between the official and popular positions in dealing with the Zionist project that began its invasion to Palestine at the beginning of the 20st century. The research demonstrates the role of the Palestinian leaders who were supported by the popular Islamic and Arab movements in intensifying resistance and military conformation against the British mandate and Jewish armed groups. In addition, the research identifies the most prominent military achievements of the armed resistance. This paper also documents the negative role of the official Arab regimes in deterring the popular revolutions and containing the developing of military rebellions. More importantly, this research has proven that the official position of the Arab governments served against the Palestinian cause by preventing the genuine armed popular movements from fighting the Zionist project, which had consequently led to the defeat (Nakba) of 1948. To study the official position of Arab leaders, the research puts emphasis on four elements: Adoption of a protest diplomacy, Exclusion of the military solution to confront the Zionist project expansion, Acceptance of the United Nations Resolution regarding the partition of Palestine which shapes the first core for establishing the Jewish State, and finally Acceptance of the ceasefire after 1948 war which represents a recognition of the right of existence of the Jewish State.

‘No One Left Behind’: Progress of Sustainable Development in South Asia

The Sustainable Development Goals were adopted by the United Nations Sustainable development Summit in 2015, country wise appraisals of how they are being implemented are just beginning to emerge. The United Nations resolution “Transforming our World: the 2030 Agenda for sustainable development” with 17 distinct goals, and 169 targets for these goals, was endorsed by all member countries on September 25, 2015. To achieve economic, environmental and social goals in an integrated manner, reflected him the credo of “ people, planet, prosperity, peace and partnership”. There were no less than 17 very significant and substantive goals, each containing multiple targets and each target relying often on more than one indicator. And these goals and targets are not simply extrapolations of past trends. South Asia and particularly India was something of a laggard in meeting the MDGs- other than those relating to Income poverty- and if current trends are considered, the problems are even greater with respect to the sustainable development goals. The SAARC leaders have also identified poverty alleviation, jobs for youth, agriculture and food security, health and education, women and children and social protection, energy, environment and blue economy as the key development challenges for South Asia. Vasudhaiva Kutumbakam, an ancient Indian phrase meaning the sustainable development goals are, thus, part and parcel of country’s long-standing tradition and heritage. The NITI Aayog, has recently released a draft three-Year Agenda covering years 2017-18 to 2019-20. Several of the government’s programme like Pradhan Mantri Jan Dhan Yojana which is the world’s largest financial inclusion programme would directly contribute to advancement of the SDGs agenda.

The South African Experience: Litigating Remedies

AbstractMany transnational corporations (TNCs) that conducted business in South Africa during apartheid had deemed it profitable and desirable, despite the country’s systemic human rights violations against its majority black population. In the aftermath of the 1960 Sharpeville Massacre and 1976 student uprising, various United Nations and other international resolutions condemned TNCs for their incestuous relationship with apartheid South Africa and called for international sanctions against the regime. The demise of apartheid in 1994 brought about a new democratic, constitutional dispensation based on respect for human rights. However, attempts at holding TNCs liable for aiding and abetting the apartheid regime were fraught with obstacles and proved unsuccessful. Yet, the pursuit of strategic, class action litigation in areas as diverse as collusive conduct in bread manufacturing to occupational lung disease in South Africa’s goldmining industry have proven to be more successful in developing legal remedies against corporate harm. Areas impacted are extended legal standing under the common law, development of new causes of action and generous application of contingence fees arrangement.

Fate of palestinian refugee camps in syria after the so called arab spring

The aim of this paper is to trace back the history of the Palestinian refugees’ camps in Syria from 1948 until today. It also aims to investigate the fate of such camps amidst of the so-called Arab Spring. Despite their hardship as diaspora, Palestinian refugees in Syria worked hard to manage their lives, with help from Syrian Government and United Nations Relief and Work Agency (UNRWA). Since 2011, Researchers found that Palestinian refugee camps witnessed various military actions from both the Syrian Army and oppositions groups. These actions resulted in the killing, imprisonment, and dispersal of most Palestinian refugees. In addition, their dispersal took place either inside Syria to neighboring countries or other parts of the World. Researchers believe that Palestinian refugees should peacefully return to their camps in Syria and one day they will exercise the return to their homeland in Palestine according to United Nations resolutions. Finally, United Nations has failed to implement durable solutions for Palestinian refugees, resulting in chronic suffering and displacement in various forms.

Implementing a mental health intervention in low-and-middle-income countries in Europe: is it all about resources?

Background: There are limited resources for improving mental health care across Europe, especially in Low-and-Middle- Income Countries (LMICs) in South-eastern Europe with fewer specialist staff and less funding. Scaling up psychosocial interventions that utilise available time and resources more effectively could improve care for people with psychosis in these settings. One intervention is DIALOG+, delivered via an app on a tablet computer: patients identify life areas to improve and clinicians use a solution-focussed process to help improve these areas. This intervention was piloted across mental healthcare systems in European LMICs, and focus groups were conducted to explore whether such interventions could use available resources effectively to improve care for psychosis in these settings. Methods: Eleven focus groups were conducted with clinicians and patients with psychosis who used the intervention over three months during the pilot study, in Bosnia and Herzegovina, Kosovo United Nations Resolution, Montenegro, North Macedonia and Serbia. The Theoretical Domains Framework (TDF), which describes factors affecting engagement with healthcare interventions, structured topic guides and guided analysis. Codes from the data were mapped onto the TDF, analysed to identify barriers and facilitators, translated into English and checked for inter-rater reliability. Results: 25 clinicians and 23 patients participated in focus groups. Clinicians’ barriers included limited time for sessions and difficulties working with acutely psychotic patients. Patients’ barriers were burden of greater concentration when engaging with DIALOG+ and feeling tense or disturbed during the sessions. Facilitators included motivation to use DIALOG+, positive opinions shared by others, perceived benefits for practice and improving clinician-patient conversations, relationships and care. Conclusions: Barriers to using psychosocial interventions could be overcome even if resources cannot be increased. Despite limited time and other barriers to using DIALOG+, perceived benefits to practice and clinician-patient relationships suggest that psychosocial interventions can use available resources effectively to improve care for psychosis.

India’s Role as a Determinant in Pakistan-US Relations (2005-2015)

The United States adopted a policy of de-hyphenation in its relations with India and Pakistan in the post-09/11 period which continued to be operational in the period 2005-2015. This policy apparently meant that the United States would deal each of the two South Asian adversaries, India and Pakistan. The main reason for this phenomenon was that the policy-makers in the US saw India as a heavy-weight to counter the rising economic, political and military power of China in Asia. Pakistan could not be fitted in this strategic calculus. The United States changed its previous position on Kashmir and instead of calling for resolving this issue according to the United Nations resolutions, it stressed on bilateral negotiations. Similarly, the United States endorsed Indian stance that Pakistan was backing terrorist outfits that perpetrated acts of terrorism in India. Strategic partnership between The US and India extended cooperation in civil nuclear technology, missile defense, space technology and defense production. No such cooperation could be extended to Pakistan. Permanent membership in the UN Security Council for India was endorsed despite Pakistan’s objections.

The Indian Occupied Kashmir Dispute: A Legal Analysis in purview of United Nations Resolutions

Kashmir is an uncontrollable conflict between the two South Asian countries: India and Pakistan. Since 1989 the people of Kashmir have faced a massive violation of human rights committed by Indian forces. The United Nations resolutions strengthened the Kashmiri’s movement of freedom. However, it is also a reality that, somehow and somewhere, the UN had failed in the Kashmir dispute in order to give the implementation to its resolutions. The Kashmir issue is complicated but could have been resolved if the UN had taken its responsibility with true letter and spirit. Recently, the Indian government changed the status of Kashmir by the abolishment of Article 370 and 35A, and also passing a Bill in August 2019, further makes the situation more difficult in Kashmir. In this situation, it is pertinent to mention here that Indian occupied Kashmir is a disputed issue in the light of UNSC resolutions between two south Asian countries. The current research is based upon descriptive and historical methodology and the facts and results are provided as per the legal analysis of the current situation of Indian occupied Kashmir. Finally, this research concludes that India cannot solve the Kashmir dispute through revocation of Article 370 and 35A of the Indian constitution provisions about the status of Kashmir, and also not use of force; the Kashmir dispute can only be resolved according to the Resolution adopted by the United Nations Commission for India and Pakistan on 13 August 1948.

UNITED NATIONS MORATORIUM ON DEATH PENALTY AND ITS IMPLICATIONS ON COUNTER TERRORISM

Death Penalty is one of the most common punishments that have existed throughout history and was considered an effective measure to reduce criminal activities. Capital Punishment is being viewed as a violation of humanistic approach which guides the foundational infrastructure of International Organization like United Nations establishing regimes on the grounds that negate violation of right to life. United Nations Resolution 62/149 calls for removal of Death Penalty, or imposing moratorium on death penalty as part of its adherence to the Universal Declaration of Human Rights. Nevertheless, there are domestic compulsions which may push the states to lift moratorium on Death penalty despite their adoption of UDHR and considering right to life as fundamental human right established in their constitutional law. There are two different approaches to view this dichotomy, on one hand adoption of moratorium on death penalty is considered humane, while on the other hand it is a burden on a state’s counter terrorism mechanism which requires a decisive action against the terrorists. The researcher has conducted a qualitative & descriptive research. Both primary & secondary data has been utilized in order to draw results about the impact of moratorium on death penalty in the context of terrorism specifically in Pakistan. The research concludes that lifting of moratorium on death penalty and establishing death penalty as a punishment to deter crime and violence has not proven successful as there are several other factors that are also crucial in reduction of violence.