Law6075 United Nations (Case Study Sample)

Law6075 United Nations Name: Degree Title: Supervisor's name Submission date: Table of Contents TOC \o "1-3" \h \z \u Introduction PAGEREF _Toc145491018 \h 2UPR and UN Arms Embargoes Laws PAGEREF _Toc145491019 \h 3The Efficiency of Arms Embargo against KDF PAGEREF _Toc145491020 \h 7Arms Embargoes against Militia and Reported failures PAGEREF _Toc145491021 \h 8Conclusion PAGEREF _Toc145491022 \h 10References PAGEREF _Toc145491023 \h 12 Introduction Rule 6 of the provisional rules of procedure of the Security Council (1983) brings to the attention of all members of UNSC from UN organs all concerns about human rights violation and insecurity. In 2017, UNSC further published the UN doctrine, the Responsibility to Protect (R2P). R2P demands that states protect their populations from four atrocity crimes, including genocide, ethnic cleansing, crimes against humanity, and war crimes. The UNSG highlighted the UN Human Rights Council's (HRC) Universal Periodic Review (UPR) as perfectly placed to support the prevention of atrocity crimes. The UPR typically involves a detailed review of UN member states' human rights situation every four years. Ideally, integrating the R2P into the UN's UPR has had significant potential for contributing to the prevention of atrocity crimes. UNSC attention is solely on Shunibia, and the conflict between the government forces and Kuza Defense Forces (KDF) is contributing to grave human rights violations, including rape, torture, and genocide, and sufficient actions against the rebel forces (KDF) remains vital. Shunibia is dominated by two tribes, the Chens (48%) and Kuzas (44%), with Chens controlling 85% of the government and 100% of the Shunibia military. Kuzas are not happy with the control and acknowledge that peaceful protects to have equal governance, and the revenue sharing formula has failed, thus demanding an immediate democratic election. Using bombs, the KDF has executed over 90 people, including a minister of interior, all from the Chen tribe. Over 500 people are reportedly dead, with the burning of villages and raping of women reportedly on the rise. Arguably, the case is significantly getting out of hand, and immediate sanctions are needed. Prior experience in conflict-hit regions such as Libya, Somalia, and Congo, indicates that arms' availability, especially to rebel groups, remains a huge threat to national peace and security. In these selected nations, the availability of arms promoted genocide, massive human suffering, and unending political repression. Notably, unregulated and illegal arms movements have significantly contributed to lawlessness and severe abuse, and violation of human rights in these mentioned states. History proves that conventional arms have taken more lives than any other weapons such as nuclear. The adoption of UN Resolution 1493 was solely meant to impose a mandatory arms embargo on all armed groups and militia operating not only in Congo but in different parts of the world. Under the UNSC's Arms embargo resolution, no state can transfer arms for use in the commission of grave international crimes. In Shunibia, arms control remains one of the most significant weaknesses for the national government. Nonetheless, the UNs arms embargo against militia and armed groups remains an ideal strategy in dealing with internal lawlessness and promoting human rights. The UN Sanctions – Arms embargo against the Kuza Defense Force (KDF) – seeks a vote to solely determine by several considerations the need for an arms embargo against KDF. [Koulis, Evangelos. "The Transformative Power of the United Nations Peacekeeping in the Protection of Civilians Part 2." (2017).] [Shine, Sima, and Eldad Shavit. "INSS Insight No. 1316, May 11, 2020, Iran and the United States: Breaking the Rules of the Game?"] [Vorrath, Judith. "Implementing and enforcing UN arms embargoes: lessons learned from various conflict contexts." (2020): 4.] UPR and UN Arms Embargoes Laws UN Human Rights Council (HRC) is an organ under UNGA 2006 as per UN Resolution 60/251. UPR pushes for a state-driven cooperation process in promoting human rights and demands that states give the State under Review (SuR) recommendation on ways to advance human rights. The 2017 R2P report indicated that, the prevention of atrocity crimes was a moral obligation, legal, and political obligation of the international community. Shunibia occurrences characterize universally prohibited crimes such as genocide, ethnic cleansing, crimes against humanity, and war crimes. All these universal crimes are often perpetrated in armed conflicts. HRC's UPR has a mandate through its recommendation, implementation, and follow-up to support member states protect its people from atrocity crimes. Accordingly, there are many overarching categories of crisis that trigger atrocity crimes in different nations and include political crises (armed contest, state incapacity, unconstitutional regime change among others), economic crises, and environmental crisis. Ideally, UPR key objective is to improve human rights situations with its basis of review established under the the Universal Declaration of Human rights, all Human Rights agreements to which Shunibia is party to, Charter of the UN, and all Voluntary Pledges made by states. UPR recommends use of diplomatic measures, International Criminal Courts (ICC), sanctions, embargoes trade and arms, diplomatic sanctions, and military efforts to prevent these atrocities.[Alston, Philip. "Reconceiving the UN human rights regime: challenges confronting the new UN Human Rights Council." Melb. J. Int'l L. 7 (2006): 185.] [Redondo, Elvira Domínguez. "The Universal Periodic Review of the UN Human Rights Council: an assessment of the first session." Chinese Journal of International Law 7, no. 3 (2008): 721-734.] [Ainley, Kirsten. "From atrocity crimes to human rights: expanding the focus of the responsibility to protect." Global Responsibility to Protect 9, no. 3 (2017): 243-266.] Considering UPR's Recommendations, UN Arms embargoes are tools used to solely influence states and non-states to change their behaviors and collectively contribute towards human rights protection. All UN arms embargos are imposed by a resolution adopted under Chapter VII, Article 41 of the UN Charter. As a requirement in the charter, at least 9 of the 15 members of the United Nations Security Council (UNSC) are expected to vote to adopt an arms embargo. While there are two types of UNSC's, namely, voluntary and mandatory arms embargo, a mandatory arms embargo is invoked when UNSC demands that states prohibit the supply of arms, military equipment, ammunition, and related services. In Shunibia, the mandatory and voluntary arms embargo obliges the ruling government to enforce all necessary measures to support the UN's peacekeeping mission in the country. While foreseeing the enforcement of the UN arms embargoes, state interference is considered a barrier to attaining stability.[Burkle, Frederick M. "United Nations charter, chapter VII, article 43: Now or never." Disaster medicine and public health preparedness 13, no. 4 (2019): 655.] [Burweila, Aya. "Turkey’s support to Libya’s outlaw militias and the threat to Europe’s southern flank." (2019).] [Radtke, Mitchell, and Hyeran Jo. "Fighting the Hydra: United Nations sanctions and rebel groups." Journal of Peace Research 55, no. 6 (2018): 759.] [Strauss, Ekkehard. "Institutional Capacities of the United Nations to Prevent and Halt Atrocity Crimes." The Responsibility to Prevent: Overcoming the Challenges of Atrocity Prevention (2015): 38-82.] Chapter 1, Article 2.5 of the UN's charter, recommends that "states must refrain from assisting any state against which the UN is conducting enforcement action." As such, once voluntary and involuntary embargoes are enforced by UNSC, targeted states are expected to implement the mandatory embargoes to their fullness, including an arms embargo against militia groups, and periodically report steps taken to meet UNs obligation. The arms embargo against militia has the objective of promoting and strengthening legitimate governments. For many years, the UN's approach has sought many ways to ensure that countries' sovereignty is protected. Through the Security Council Resolution adopted in 2016 (A/70/262 and S/2282), the UN is focused on promoting peace and has stepped up its efforts to prevent an outbreak, escalation, continuation, and recurrence of conflict across the world.[Nystuen, Gro, and Kjølv Egeland. "The potential of the Arms Trade Treaty to reduce violations of international humanitarian law and human rights law." In Research Handbook on International Law and Peace. Edward Elgar Publishing, 2019.] [Burkle, Frederick M. "United Nations charter, chapter VII, article 43: Now or never." Disaster medicine and public health preparedness 13, no. 4 (2019): 655-662.] [De Carvalho, Gustavo, and Adriana Erthal Abdenur. "Can the UN Security Council help prevent conflicts?" Institute for Security Studies, June (2017).] UNSC has further used embargoes and other measures to advise member states to abandon funding of weapons of mass destruction (WMS), prohibit the transfer of arms to non-governmental forces, and cease the transfer of arms to individuals and terror groups wherever they are located. Arms embargoes against nations or militia come into force through UNSC resolution and will also come to an end through UNSC resolutions or by the lapsing of time. Arms embargoes are introduced to attain three key objectives: (1) counter-threat against national and international security, (2) strengthen legitimate governments, and (3) foster peaceful political settlement through appropriate conflict management strategies. However, the lack of stringent national control measures by targeted nations remains a key challenge to UN sanctions and embargoes' effectiveness. As agreed by the Disarmament Commission (DC) in 1996, ...