Article 2(4) of the UN Charter: Alive and Well
Some have argued that the continued use of force in international relations demonstrates that the prohibition of the use of force in Article 2(4) of the UN Charter is meaningless and outdated. Kanade counters this position with a discourse on the purpose and interpretation of international law, and argues that the UN Charter continues to offer a meaninful and effctive legal framework for confronting threats to global peace and security.
War is a Force that Gives us Meaning
Chris Hedges, War is a Force that Gives us Meaning, Public Affairs, pp 192. ISBN 1586480499
Challenging International Law: Israeli attack on Iraq´s Osiraq Nuclear Reactor
Frankin Murianki analyzes the legality of “Operation Babylon,” an Israeli attack on Iraq´s Osiraq nuclear reactor in 1981. The article scrutinizes the attack by examining customary international law, the legal reasoning of involved parties and the position of the United Nations Security Council.
Key words = international law, self-defense, Israel attack
Humiliation and Crocodile Tears
Dr Victoria Fontan reflects on the role of honor and humiliation motivating insurgents in both Iraq and Afghanistan — as well as the Afghan soldier who recently killed four French soldiers participating in the NATO mission in the country.
The Rise of Private Military Companies and the Legal Vacuum of Regulation
This paper discusses the rise of the private military industry as a challenge to contemporary international law. In recent times, the privatization of activities preserved by governments have been proposed and implemented;, such as communication facilities, garbage collection, electricity supply, immigration services and much more. Military operations have not been left out. The increasing privatization of military activities is proving to be a major challenge to international law. The literature on Private Military Companies (PMCs) is mind-boggling, but neither extensive nor exhaustive. As a new phenomenon, it receives situational attention. For example, when the operations of Executive Outcomes and Sandline International were unearthed by the press in the 90s,’ numerous scholarly material was written, but with distinct themes like the efficiency of the corporations and the human rights violations carried out, as well as the legal vacuum created by ex-professional soldiers banding up to create and legally incorporate a mercenary outfit. The issue of PMCs being present in weak states and ravaged war-torn zones is an understatement, yet these corporations are registered mostly in the U.S., U.K. and South Africa. The articles on this issue are usually highly polarized; opponents verses proponents of these corporations, as the activities of these outfits do not fit within any conventional classification as actors of war in the law of war.
This paper describes the history and definition of PMCs and analyses how the operations of these corporations affect human rights, sovereignty and states´ monopoly of violence. The paper also focuses on the legality of PMCs and proceeds to discuss how to regulate the industry. The paper concludes in favor of tougher regulatory controls through new international legal framework and national legislation to deal with mercenaries as decisively as with other non-state actors who wield violence.
The life and death of Mollah Nadhom
“SAF with SW attack on former AQI leader” — UN security briefing note
The Theory and Practice of Humanitarian Intervention and the Interest of Western Powers: Liberia, Darfur, Rwanda, Iraq, and Libya
After arguing for the importance and potential of humanitarian intervention to bring about a more just world, Jerry M’bartee Locula critically reviews its application (or lack thereof) by the United Nations Security Council in relation to political and economic interests, particularly those of the permanent five members — USA, UK, France, Russia, and China. As such, the discussion draws on the experiences of Liberia, Sudan (Darfur), Rwanda, Iraq, and, most recently, Libya.
Peace in the 21st Century: Prospects and Prescriptions
It is increasingly recognized that if civilized society is to contain and defeat international terrorism, we must confront the threat in two related and mutually reinforcing ways. We must maintain adequate levels of military security and take strong, direct action, including military action where necessary, to confront and eradicate terrorism. This is the principal focus of international deliberation and action at the present time. But this is not enough. We must also, through international and national action, and through the efforts of civil society, work together to address the underlying injustices, frustrations and failures that give rise to the hatred and intolerance which drive violence, terrorism and conflict and provide the environment in which they can fester.
Fragments of the Iraq War Ten Years Later: International Law, Constitutional Law, and Erga Omnes
Ten years after the US invasion of Iraq, Professor of International Law and Vice President of IALANA Dr Kenji Urata discusses some of the literary fragments we are left with, including attempts to justify preemptive war, domestic assertions that a foreign nation should be “liberated”, reassertions of American exceptionalism, and the emergence of universal jurisdiction and global constitutionalism.
Terrorism and Violence in Iraq
Majid Salih, formerly a field monitor for the world food programme in Iraq and currently a graduate student at the University for Peace, explains how his life, family, city, and country have been affected by terrorism and violence. Salih then addresses what he feels are the primary factors motivating terrorist acts and generates a complementary set of “solutions”. This analysis is meant to provide a basis for further research and reflection, and ultimately, to contribute to the reduction of terrorism and violence in Iraq and elsewhere, where enormous damage to life and social progress has already been felt.