International Law Outline

Particular obligation to protect CIVILIANS

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Particular obligation to protect CIVILIANS

  • Gigantic mandate – lets UN use LETHAL FORCE

  • History of peacekeeping

    1. Successes – Libya, El Salvador, Mozambique, Cambodia

    2. Failures? – Bosnia, Somalia, Rwanda

      1. US gets cold feet post-Somalia, but now reembracing that role.

  • EU does Fact-Finding

    1. Independent International Fact-Finding Mission on the Conflict in Georgia, Report, Vol. 1, Sept. 2009 (Packet II, p. 1-4)

      1. Focuses on how fact-finding was done.

        1. Fact-finding always leads to issues of process – who’s appointed to do it, and with what authority.

        2. Also, funding? – here, had 1.6M euros (about 2.5M) – fairly generous.

          1. Used to hire 20 experts to write reports, set up senior advisory board

      2. First fact-finding mission in history of EU

      3. No formal statement of applicable law – but referring to Helsinki Statement of 1975 and subsequent statements as if they were binding law (remember, at the time, said they would not be). Here, not getting much resistance.

        1. Transformation of status of document.

      4. Stating specifically that these findings should NOT be used by courts

        1. Distinction between factfinding and judicial notions of standard of proof

        2. However, if you brought this to ICJ, of course you would use this.

          1. Hearsay more admissible in ICJ – not dealing with individual indictments.

            1. Even in ICTY/ICTR – not the same standards as US

      5. Report now goes to SECURITY COUNCIL

        1. Unlikely it will be endorsed

        2. Will have to wait to see what impact will be informally

          1. Probably more it’s denounced by both sides, more likely it will be taken into account

  • Democratic Republic of the Congo Fact-Finding Mission

    1. 1999 – Lusaka Cease-Fire Agreement – called for creation of UN force to be deployed

      1. Congo – vast territory, over 60M people, third poorest country in the world, one of the most corrupt, mineral resources – thus, exploited, porous borders in all directions

        1. There is no incentive for most involved actors to end the turmoil

      2. SC authorized UN Mission in DRC – MONUC

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