IB GP Unit 1 (State & UN)
IB GP Unit 1 (State & UN)
“Traditionally this term refers to the central actor in Like states, nation-states also possess a permanent “Refers to groups of people claiming common bonds
global politics. States possess a permanent population, defined territory and recognised based on culture, language and history.”
population, defined territory and recognised sovereignty. However, unlike states, nation-states ARE - VCAA Glossary, VCE Global Politics
sovereignty. States ARE NOT necessarily culturally culturally homogenous.
“A nation may consist of a community of people, bound
homogenous.” - adapted from the VCAA Glossary, VCE
together by some characteristic they all share and
- VCAA Glossary, VCE Global Politics Global Politics
regard as important, such as common language,
“…In international law, a state is an entity that is religion, ethnicity or culture.”
“Political or social grouping in which people within
recognized to exist when a government is in control - The Politics Companion, Robert Leach
territorial boundaries, with recognised sovereignty, have
of a population within a defined territory…Such
common bonds based on culture, language and “The standard definition of a ‘nation’ focuses on the idea
entities are seen as possessing sovereignty that is
history.” of a population, usually in a distinct territory, that shares
recognized by other states in the international
- VCAA Glossary, VCE Global Politics a common language, ethnic identity, history, religion and
system. In the study of international politics, each state
culture. ‘Nationalism’ is the political expression of this
is a country. It is a community of people who interact in
sense of national identity.”
the same political system...”
- What matters: International Relations, Ken Booth
- The Globalization of World Politics: An introduction to
international relations, J. Baylis, S. Smith, P. Owens “A group of people who recognize each other as sharing
a common identity, with a focus on a homeland.”
- The Globalization of World Politics: An introduction to
international relations, J. Baylis, S. Smith, P. Owens
• Confusingly, in many global politics sources the term ‘nation’ is often used interchangeably with the term ‘state’. However, there is a technical difference – a nation is a
community of people, while a state is a political and governmental unit. In other words, a nation is a people sharing a particular identity, regardless of the political
arrangements, in contrast, a state is a territorial political unit.
How many states are there in the world…well…that depends?
According to the United Nations… According to FIFA… The generally agreed upon number…
(although still highly debated)
• The ‘magic number’: 193 • The ‘magic number’: 211 • The UN’s 193 member-states +
The UN’s 2 ‘non-member observer’ states
• The UN has 193 member-states. • FIFA = Governing body of world football. (The Vatican City and Palestine) +
Taiwan (aka The Republic of China, which
• Membership in the UN is often regarded as • FIFA’s membership is composed of 211 is regarded as being a ‘de facto’
the ‘official seal of statehood’. national football associations. independent state, and is officially
recognised by 15 states as the ‘real
• The most recent member-state to join the China’. Whereas, Taiwan is considered by
UN was South Sudan in 2011. Mainland China aka The People’s Republic
of China as a ‘rogue province’).
Types of states
Category Examples
Political Systems As political communities/units, states are often categorised according to the political system that internally governs their national citizens. For example,
liberal democracies such as The Commonwealth of Australia, The United States of America, monarchy such as The Kingdom of Saudi Arabia, theocracy
such as The Islamic Republic of Iran, authoritarian one-party states such as The People’s Republic of China under the Communist Party of China.
Geographic Regions States are also often categorised by being situated in geographic regions or sub-regions. For example, European states, African states, Pacific-Island
states, Latin American states.
Economic Development 1 Arguably, the main category states are divided into tends to be ‘developed economies’ versus ‘developing economies’. In other words, states with
industrialised economies and higher per capita incomes (developed) versus less industrialised economies and lower per capita incomes (developing).
There is also a third sub-category between ‘developed’ versus ‘developing’ states, and that’s ‘economies in transition’, in other words, states shifting
from a ‘developing economy’ towards a ‘developed economy’. The most major developed economies are known as the ‘Group of 7’ (G7), consisting of:
Canada, Japan, France, Germany, Italy, United Kingdom, United States of America.
Economic Development 2 Similar to the ‘Developed’ versus ‘Developing’ dichotomy above, another category for states is ‘The Global North versus The Global South’ divide. In the
1980s, the Brandt Line highlighted how the world was geographically split into rich and poor states. With the rich states mainly located in the Northern
Hemisphere (not including Australia and New Zealand), while the poor states were mainly located in the Southern Hemisphere. This category is
problematic and considered too simplistic, but the ‘Global North/South’ divide remains a popular ‘short-hand’ when referring to economically developed
and less economically developed states.
The Security Spectrum: According to the ‘Fragile State Index’ (FSI) composed by the Fund For Peace, 178 states are measured/ranked annually based on their fragility and
Stable versus Fragile
vulnerability framed around 12 ‘risk element indicators’. Some of the most common characteristics of a ‘fragile/failed state’ include: a state losing
physical control of its territory or a monopoly on the legitimate use of force; the erosion of its legitimate authority to make collective decisions; its inability
to provide reasonable public services and its inability to interact with other states as a full member of the international community. Specific indicators
examined to assess a state’s ‘fragility risk’ include: states suffering from extensive corruption and criminal behaviour, the inability to collect taxes or
otherwise draw on citizen support, large-scale involuntary dislocation of the population, sharp economic decline, group-based inequality, institutionalized
persecution or discrimination, severe demographic pressures, ‘brain drain’ (i.e the migration of its most able citizens), and environmental decay.
Aims of: The State
What a state wants/seeks as global actors
• At its simplest, the role of the state = to meet the needs of its citizens. In other words, to protect and
ensure ‘the basics’ that are critical to guaranteeing human life, well-being and avoiding social collapse,
community breakdown, and overall chaos, disorder and lawlessness.
• These ‘basic needs’ are themselves framed around the following 5 social values: Security, Freedom,
Welfare, Order and Justice – which citizens (particularly in liberal democratic states) expect their state
to provide them.
• the pursuit of national interests by entering into bilateral and multilateral relationships with other
states
• the pursuit of national interests through international representation, such as participating in global
governance efforts and regional grouping initiatives.
Power of: The State
The ability of ‘State A’ to get other states and
other global actors to do what it wants
In short:
• Sovereign states remain the primary political unit through which human society is organised.
• In other words, regarding world affairs on a planetary level, the state is the main (not the ‘only’, but the ‘main’) form
of human identification, association and loyalty.
• Put another way, for most of us, a major part of our identity is ‘national’, we see ourselves as members belonging to
a ‘national community’, as ‘national citizens’ of a particular state.
• In particular, think about how the recent COVID global pandemic has led to ‘a conversation’ (and countless articles)
on the ‘return of the state/the end of globalisation’.
• States also have a ‘legal monopoly’ on the use of violence with their own sovereign territory. In other words, there is
an understanding that the national governments of states are permitted to use physical violence within their own
borders through ‘agents of the state’, such as the police or the military. However, it must be said the use of violence
by the state is not unlimited and without parameters. In fact, the utility of violence by states on their own citizens is
a highly contentious human rights debate within the study of global politics, a debate that includes evolving ideas
such as the Responsibility to Protect Doctrine (R2P).
Different types of power used by states
Political Power
Refers to the use of a state’s internal political machinery to exert influence over the actions of others. For
example, legislation, executive orders, white papers.
Diplomatic Power
Refers to the power accrued by states through their relationships with others in the form of alliances,
alignments and international standing. Essentially, it is the ability of a state to influence other global
actors by way of discussion and negotiation.
Cultural Power
Refers to a desirable and transportable culture that states can use to achieve ends that might not be
achieved through military and political means. It is often linked to soft power and may influence regional
relationships and international standing.
IB Global Politics
Unit 1: Power, Sovereignty & International Relations
Introducing the… THE UN
Background
Information
The United Nations – Fast Facts Profile
• Founded/HQ/Membership: The UN was founded in 1945, in response to the horrors of World
War II, reps of 50 countries met in San Francisco to draw up the UN Charter. The UN is HQ’d in
New York and is currently made up of 193 member-states, with South Sudan ‘state 193’ in 2011.
• Principal Organs:
• General Assembly (UNGA) = main deliberative, policymaking and representative organ. All 193
member-states are represented.
• Security Council (UNSC) = primary responsibility for maintenance of international peace and
security. It has 15 Members (5 permanent and 10 non-permanent).
• Economic and Social Council (EcoSoc) = principal body for coordination, policy review, policy
dialogue and recommendations on economic, social and environmental issues. Also serves as the
central mechanism for activities of the UN’s specialised agencies in the economic, social and
environmental fields.
• Trusteeship Council = Disbanded in 1994.
• International Court of Justice (ICJ) = principal judicial organ, core role is to settle, in accordance
with international law, legal disputes submitted to it by States and to give advisory opinions on legal
questions referred to it by
• Secretariat = comprises the Secretary-General and tens of thousands of international UN staff
members who carry out the day-to-day work of the UN as mandated by the General Assembly and
the Organization's other principal organs.
• Secretary-General: Antonio Guterres is the ninth Secretary-General of
the United Nations, took office on 1st January 2017. Guterres acts as the
UN’s Chief Administrative Officer. Prior to his appointment as Secretary-
General, Guterres served as United Nations High Commissioner for
Refugees from June 2005 to December 2015 and prior to that served as
the Prime Minister of Portugal from 1995 to 2002
The UN System Chart a non-exhaustive diagram, which reflects the main structure of the UN Organisation
Aims of: The UN
What the UN wants/seeks as an IGO
Dictionary of International Relations, …the term refers to a perceived need to foster the growth of multilateral systems of
Penguin Reference (1998) regulation and methods of management to encourage global interdependence and
sustainable development…Global governance should not be confused with ‘world
government’, which implies a singular or unitary authority…There is no single model
or form of global governance; it is envisaged as a dynamic and complex process of
interactive decision-making covering a wide range of common problems and issue
areas. The concept is a fuzzy one but its central thrust is a movement away from the
decentralized Westphalian system with its emphasis on the rights of sovereignty and
the duties of non-intervention, towards a more cooperative and consensual system of
management based on…a belief in a common humanity and destiny.
The Globalization of World Politics: An The loose framework of global regulation, both institutional and normative, that
introduction to international relations, 8th constrains conduct. It has many elements: international organisations and law;
ed. John Baylis, Steve Smith, Patricia transnational organizations and frameworks; elements of global civil society; and
Owens (2020) shared normative principles.
The specific role of the UN as (arguably) the pre-eminent IGO
https://www.un.org/en/sections/what-we-do/index.html
According to Devon Curits, Senior Lecturer, Department of Politics and International Studies, University of Cambridge and Paul Taylor, Emeritus Professor of
International Relations, London School of Economics and Political Science:
• According to Devon Curits, Senior Lecturer, Department of Politics and International Studies, University of Cambridge and Paul Taylor, Emeritus
Professor of International Relations, London School of Economics and Political Science:
“It [the UN] is the only global institution with the legitimacy that derives from universal membership, and a mandate that encompasses security, economic and
social development, the protection of human rights, and the protection of the environment.”
• The main executive body of the UN with the primary responsibility for maintaining international peace and security. As the UN’s principal crisis-
management body the UNSC is empowered to impose binding resolutions on the UN’s 193 member-states to maintain peace.
• The UNSC meet regularly to assess threats to international security and is able to convene at any time, whenever peace is threatened. The UNSC
can also resort to imposing sanctions or even authorise the use of force to maintain or restore international peace and security.
• In addition, the UN Secretary-General is appointed by the General Assembly, on the recommendation of the Security Council. The Secretary-
General's selection is therefore subject to the veto of any of the five permanent members of the Security Council.
• Furthermore, under the Rome Statute’s Article 13(b) (Rome Statute = the treaty that established the International Criminal Court – ICC), the UNSC
is granted a unique jurisdictional role, whereby the statute grants the UNSC the power, acting under Chapter VII of the UN Charter, to request the
ICC to investigate a situation.
Sources of the UN Power
Source 3: Funds, Programmes, Specialised Agencies
• According to foreign affairs analyst Dr Keith Suter “up to 80% of the UN’s work is conducted by its funds/programmes/specialized agencies which serve
as multilateral forums and ‘vehicles’ for ‘functional cooperation’, by bringing together leading experts and specialists from around the world who can meet out of
the political spotlight and work together to coordinate international strategies, responses and campaigns to tackle major global issues and crises.” Four examples:
World Food Programme World Health Organisation UN High Commissioner for Refugees UN Framework Convention on Climate
(WFP) (WHO) (UNHCR) Change Secretariat (UNFCCC)
• The WFP aims to eradicate hunger • The WHO is the directing and • The UNHCR protects refugees • The UNFCCC Secretariat is the UN
and malnutrition. coordinating authority on international worldwide and facilitates their return entity tasked with supporting the global
health within the UN. The WHO’s home or resettlement. response to the threat of climate
• It is the world’s largest humanitarian
objective is the attainment by all change.
agency. • UNHCR Jordan is a collaboration
peoples of the highest possible level of
between the UNHCR and Jordan. In • One of its main tasks is to guide
• Every year, the programme feeds health, which the WHO defines as a
2019, Jordan was hosting approx. climate diplomacy, e.g. annual
almost 80 million people in around 75 state of complete physical, mental and
750 000 refugees mainly from Syria. intergovernmental meetings – COPs
countries. social well-being.
Together they jointly administer the (Conference of the Parties). The most
• In 2020, the WFP was awarded the • Key achievements in WHO’s COVID- Zaatari and Azraq Refugee camps. notable meeting was COP21 (2015,
Nobel Peace Prize for “making food 19 response: 289mn+ items of PPE, With the UNHCR the lead agency Paris Conference), which led to the
security an instrument of peace.” diagnostic and medical supplies when it comes to matters of historic Paris Climate Agreement, the
shipped around the world, 1.3 bn+ Protection, Health, Shelter and Site first ever legally-binding global climate
people reached with crucial health info Planning, Security of these two deal where 195 countries agreed to
through the WHO website, 14000+ camps. As of 2019, Zaatari alone the goal of keeping the average global
patients enrolled in the Solidarity Trial was home to 77,497 refugees, nearly temperature to below 20C and to zero
for COVID-19 treatments in 30+ 20% under five years old. net emissions by 2050.
states.
General Limitations of the UN’s Power
Limitation 1: Competing Visions –
Internationalism vs Great Power Politics; State Sovereignty vs Human Security
• It is important to appreciate that the UN was purposely created with two ‘in-built design flaws’/‘inherent
paradoxes’, namely:
i. The UN seeks to uphold an internationalist ideal that promotes the equality of all states, whilst
simultaneously accepting the harsh reality of Great Power politics (for e.g. compare the universalist approach
of the UNGA, which includes all 193 member-states, each with one vote regardless of military strength or
economic size versus the UNSC’s restricted approach of 15 member-states, of which five are permanent
members (P5 = China, France, Russia, UK, USA) who are also granted the special privilege/power of veto.
ii. The UN is both an association/grouping of states and thus committed to upholding state sovereignty and
respecting the principle of non-intervention and the domestic jurisdiction of its member-states, whilst
simultaneously an institution that is also concerned with the security, freedom, justice and welfare of
individuals within states, with a willingness at times (albeit inconsistently), to become much more involved in
the domestic affairs of states on behalf of individuals.
• Ultimately, IGOs are ‘clubs for states’, in other words the UN as an institutional organisation is at the mercy of
its member-states and thus, only considered useful to the extent that it serves its member-states’ self-interests
(in particular the self-interests of Great Power states). Put another way, the UN will only ever be as strong
as its member-states allow it to be.
General Limitations of the UN’s Power (cont’d)
Limitation 3: The need to reform the UNSC
• Arguably, the UNSC lacks legitimacy because it does not reflect today’s distribution of military and economic power, it
also does not reflect a geographic balance and the P5 can ‘weaponize’ their veto to serve their national interests at the
expense of fulfilling the UN’s aims.
• E.g. Russia (and China’s) consistent use of the veto in defence of Bashaar Al-Asaad’s regime, which both P5 states have
self-interests in preserving – particularly Russia who leases a naval facility in the Syrian port city of Tartus, giving Russia
a strategic access point to the Mediterranean Sea. As a result, in 2012 Russia and China vetoed a UNSC resolution
proposing sanctions on Syria, and again in 2014 on a UNSC resolution referring Syria to the International Criminal Court.
Between 2016-18, Russia vetoed a further 8 security council resolutions directed against Syria/Assad Regime.
• Financial contributions to the UN’s Regular Budget are set by the General Assembly. The assessed contributions are
based on the size of a member-state’s national economy as a proportion of the global economy, to a ceiling of 22%. For
2018-19, the General Assembly approved a budget of $5.39 billion, by way of a comparison the budget for New York City
in 2018 was $86 billion. However, it’s also important to note that UN funds/programmes/agencies are not included in the
UN’s Regular Budget and are instead financed through voluntary contributions by member-states.
• By the standards of governments, the UN operates on a very small budget. A ‘political truism’ is that if a government finds
something important it will also go to the effort of finding the money to fund it, with this in mind, you could argue the UN is
a low-priority funding items for many member-states. It can also be argued that by keeping the UN purposely under-
funded, member-states strategically ensure the UN doesn’t ‘get too big’, in other words, protecting their state sovereignty,
autonomy and independence by ensuring they don’t have to surrender their power to a bigger institutional authority.
General Limitations of the UN’s Power (cont’d)
Limitation 5: The challenge of unilateralism by Great Power states against the
UN’s multilateral efforts
• The following US unilateral decisions were taken against the UN during the Trump Administration:
June 2017, Donald Trump announced the US would withdraw from its commitment to the Paris Climate
Agreement. *Joe Biden has since announced the USA’s return to its Paris Agreement obligations.
October 2017, The Trump Administration announced the US would withdraw from UNESCO (United
Nations Educational, Scientific, Cultural Organization), citing UNESCO’s perceived ‘anti-Israel’ bias as a
major concern. Israel then followed the US, also announcing its withdrawal from UNESCO.
December 2017, Donald Trump announced the US would recognise Jerusalem as the capital of Israel,
despite an international understanding/the UN’s position on the matter, that the status of Jerusalem is
to be resolved by Israel and Palestine through direct talks as a ‘final status’ issue, as part of
negotiations for a two-state solution.
June 2018, US ambassador to the UN Nikki Haley and US Secretary of State Mike Pompeo
announced the US would be withdrawing from the UN Human Rights Council citing the poor human
rights records of some of the Council’s members and the Council’s perceived ‘anti-Israel’ bias.
September 2018, The Trump Administration announced it was ending all funding to the UN’s
Palestinian Refugee Agency (UNRWA) which supports over five million Palestinians across the Middle
East, including providing health care, education and social services. Prior to the announcement the US
had been the largest single donor to UNRWA, funding almost 30% of its operations in the region.
April & July 2020, during the COVID pandemic, Donald Trump first announced the US would halt
funding to the WHO, accusing it of mismanaging the outbreak and covering up the spread of the virus
after it emerged in China. Trump then gave formal notice that the US would withdraw from the WHO.
General Limitations of the UN’s Power
Limitation 1: Dual Vision – Internationalism vs Great Power Politics; State vs Human Security
Limitation 2: The harsh realities of IGOs – the UN is only as strong as its members allow it
Limitation 5: The challenge of unilateralism by Great Powers against the UN’s multilateralism
Case Study 1
2011, UNSC R2P intervention in Libya
Thoughts & Considerations – what does the 2011, UNSC R2P intervention in Libya suggest about:
• Whether the UN is able to successfully achieve one, some or all of its aims? And if the UN is unable to achieve its aims, what are the challenges
that impede the UN?
Humanitarian Intervention =
“Mass atrocities cannot be universally ignored and
the principle that the international community has the right and/or “Responsibility to Protect is about moving the world away
sovereignty is not a license to kill.”
duty to intervene in states which have suffered large scale loss of from the politics of inaction, indifference and injustice.”
- Gareth Evans, Co-Chair of the International Commission on
life or genocide, whether due to deliberate action by its - Dr Simon Adams, Executive Director of the Global Centre for
Intervention and State Sovereignty [Former Australian
governments or because of the collapse of governance. the Responsibility to Protect
Minister for Foreign Affairs, 1988-1996]
• Each state should work to prevent these four action. • Peaceful Means Approach: The international
crimes (genocide, war crimes, ethnic cleansing community may use diplomatic, humanitarian
and crimes against humanity) from being R2P Pillar 2 – FOCUS ON PREVENTION (MOSTLY) and other peaceful means (under Chapters VI
committed and/or incited. Primary responsibility to keep populations safe still sits with states, however with and VIII of the UN charter) to intervene and
the help of the international community, through the UN (if needed) protect populations.
• The international community should encourage
and assist states to exercise this fundamental • The international community also has the responsibility to use diplomatic, humanitarian • Forceful Means Approach: Where peaceful
responsibility, as well as support the UN in and other peaceful means to help protect populations from mass atrocities, with a focus means prove inadequate and states manifestly
establishing an early warning capability. on helping states address the underlying causes of genocide, war crimes, ethnic fail to protect their population the international
cleansing and crimes against humanity, building states’ capacity to prevent these crimes community may intervene with more forceful
and addressing problems before they escalate. means through Chapter VII of the UN Charter.
Background Information 2: Libya, 2011 – An R2P test case
• In February 2011, inspired by the Arab Spring in neighbouring Egypt and Tunisia, violent protests broke out in Libya calling for an end to the four-
decade rule of Muammar Gaddafi. The city of Benghazi became a major anti-Gaddafi stronghold. Anti-Gaddafi sentiment also spread to other cities,
leading to escalating violence between Gaddafi regime security forces bolstered by the use of mercenaries versus anti-Gaddafi rebels.
• In March 2011, the UNSC responded to violence in Libya – which amounted to crimes against humanity – by unanimously passing Resolution 1970
against the Gaddafi regime. UNSC Resolution 1970 (S/RES/1970; adopted 26th Feb. 2011) specifically referred to R2P, demanded an immediate
cessation of violence, established a political process, imposed targeted sanctions, and referred the situation to the International Criminal Court.
• When the Gaddafi regime failed to comply, the UNSC took the unprecedented step of authorising the use of force, by calling for “all necessary
measures” to protect Libyan civilians from the imminent danger posed by the Gaddafi regime crackdown against any political opposition. This was
the first time in the UNSC’s history that it had authorised the use of force against a UN member-state for humanitarian protection purposes. Through
UNSC Resolution 1973 (S/RES/1973; adopted 17th Mar. 2011) no-fly zones and an arms embargo were enforced.
• A multi-state coalition was then formed to intervene in Libya and enforce both UNSC Resolutions 1970 and 1973. Command over the UNSC R2P
intervention in Libya was later assumed by the regional grouping NATO (North Atlantic Treaty Organisation) with the mission becoming known as
Operation Unified Protector (OUP) – three major NATO contributors to OUP were the US, Britain and France. However, OUP also included military
contributions from Qatar and the UAE and S/RES/1970 and S/RES/1973 were supported by the Arab League, the Africa Union, the Organisation of
Islamic Cooperation and the Gulf Cooperation Council.
• In October 2011, anti-Gaddafi rebels supported by NATO forces captured and killed Gaddafi, by siding with the anti-Gaddafi rebels and assisting
with regime change, debate arose as to whether NATO had overstepped the R2P mandate of S/RES/1970 and S/RES/1973. In addition, Libya
remains in political turmoil torn apart by civil war, terrorism and foreign interference.
Verdict? YOU decide…(and what does this mean for the UN’s three aspects of power?)
UN Success?
• Supporters of the Libyan R2P intervention highlight that the UNSC’s S/RES/1970 and S/RES/1973 were a success because:
1. The UNSC took swift and decisive action to intervene in Libya’s domestic affairs in order to protect Libyan civilians from further atrocities by
the Gaddafi regime, which prior to the resolutions had the very real potential for a major and serious escalation of crimes against humanity.
2. The UN through the UNSC was able to fulfil its chief role of facilitating global governance as S/RES/1970 and S/RES/1973 had the support of
multiple relevant regional groupings and multilateral institutions.
3. The UN’s R2P framework had been legitimised by shifting from ‘words to deeds’.
UN Failure?
• Critics of the Libyan R2P intervention instead highlight that the UNSC’s S/RES/1970 and S/RES/1973 were a failure because:
1. The resolutions were too open to misinterpretation (or manipulation for ulterior motives) as NATO overstepped the R2P aspect of the mission
and instead contributed to forcible regime change, overthrowing Gaddafi by siding with anti-Gaddafi rebels.
2. NATO used disproportionate force that increased the risks to civilian population and only added to Libya’s political breakdown, hence the UN,
is responsible for the ongoing hardship and insecurity faced by Libyans.
3. The UN’s R2P framework has been delegitimised with the international community reluctant to use it again, inadvertently leading to further
mass atrocities elsewhere, namely Syria, where the criteria (and calls) for an R2P intervention exist. For example, UNSC P5 member Russia
actually cited the regime change that took place in Libya’s R2P intervention as influencing its reluctance to vote for an R2P mission in Syria.
Case Study 2
2019-20, ICJ Rohingyas Genocide Case
Thoughts & Considerations – what does the 2019-20, ICJ Rohingya Genocide case suggest about:
• Whether the UN is able to successfully achieve one, some or all of its aims? And if the UN is unable to achieve its aims, what are the challenges
that impede the UN?
• Myanmar’s military launched a violent crackdown on the Rohingya during 2016-17, which was condemned by mostof the international community as
an ethnic cleansing campaign. This has led to more than 700, 000 Rohingya forced from Myanmar, many fleeing to neighbouring Bangladesh, where
there are over 1 million Rohingya living in the world’s largest refugee camp, Cox’s Bazaar.
• The Convention on the Prevention and Punishment of the Crime of Genocide (Genocide Convention) codifies genocide as a crime under International
Law. It was adopted by the UN General Assembly in 1948. Currently, over 140 states are party to the convention. Article II of the convention defines
the crime of genocide to mean certain acts "committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group”. The
Genocide Convention has since led to other norms and mechanisms, such as: the International Criminal Court (ICC), with a mandate to prosecute the
crime of genocide and the Responsibility to Protect (R2P), which at its heart, is a global political commitment to prevent genocide.
Background Information 2: 2019-20, The ICJ Rohingya Genocide Case: The Gambia versus Myanmar
• In November 2019, The Gambia – with the backing of the 57 members of the Organisation of Islamic Cooperation (OIC) – filed a case with the
International Court of Justice (ICJ/World Court) alleging that Myanmar’s atrocities against the Rohingya violate the Genocide Convention (incidentally,
both Myanmar and the Gambia have ratified the convention).
• The panel of 17 judges at the ICJ in January 2020, voted unanimously to impose emergency “provisional measures” on Myanmar (in effect, serving
as a ‘restraining order’ for Myanmar), to take "all measures within its power" to prevent genocide, ensure military and police forces do not commit
genocide, preserve evidence of genocidal acts and report back on its compliance within four months.
Verdict? YOU decide…(and what does this mean for the UN’s three aspects of power?)
UN Success?
• The UN’s ICJ January 2020 ruling was significant because:
1. The ruling was both a ‘global win’ for human rights everywhere, and an overdue act of justice owed to the Rohingya on behalf of the international community in
acknowledgment of their decades-long suffering. By extension, the ruling also served as a ‘stick of shame’ that challenged Myanmar’s international standing
tarnishing its reputation as a genocidal state, which (at least in theory) should also deter other states from human rights abuses, from fear of also being branded a
pariah state.
2. The ruling was a unanimous decision amongst the 17 judges (itself unusual), even more so because the judge nominated by Myanmar also voted against it.
3. The ruling intervened in Myanmar’s domestic affairs by instructing the then government of Aung San Suu Kyi (recently overthrown in a coup, Feb. 2021) to comply
with the provisional measures.
4. By actually attending the ICJ hearing to appeal the charge of genocide against Myanmar, Myanmar’s then de facto Head of State, Aung San Suu Kyi, inadvertently
legitimised the authority of the ICJ.
UN Failure?
• The UN’s ICJ January 2020 ruling is a ‘symbolic victory’ at best, however, it is not true justice because:
1. The ICJ has not yet determined who within Myanmar (i.e. specific individuals) should be prosecuted for alleged genocide, which ultimately will be a much a longer
and ‘messier’ process.
2. The ICJ’s provisional measures imposed on Myanmar are in theory, binding and not subject to appeal, while in practice, the ICJ has no means of enforcing them.
3. Even though the ICJ’s provisional measures are automatically sent to the UNSC (where Myanmar’s response will be assessed), the possibility of any real, genuined
political will from the UNSC to punish Myanmar in some way on behalf of the ICJ is highly unlikely due to Great Power politics – as Myanmar receives diplomatic
support from China (i.e. a veto-wielding P5 member of the UNSC) who has vital and strategic interests in Myanmar, including in the Rohingya’s Rakhine state, where
Case Study 3
The UN’s record during the Syria Conflict
Thoughts & Considerations – The UN’s record during the Syria Conflict (2011-Today):
• Whether the UN is able to successfully achieve one, some or all of its aims? And if the UN is unable to achieve its aims, what are the challenges
that impede the UN?
o Outcome:
Nine rounds of UN-mediated peace talks - known as the Geneva II process - failed to make progress, with President Assad apparently unwilling to negotiate with political
opposition groups that insist he must step down as part of any settlement.
In 2018, an agreement to form a 150-member committee to write a new constitution, leading to free and fair elections supervised by the UN. But in January 2021, UN special
envoy Geir Pedersen lamented that they had not even begun drafting any reforms.
Inability to effectively prosecuting war crimes in international law – hamstrung by Russian (and Chinese) vetoes. Yet again, by-passed by European countries (Sweden,
Netherlands, Germany, France who in the name of Universal Jurisdiction) are prosecuting Syrian war crimes through domestic judicial systems. Nevertheless, two UN
attempts:
UN Human Rights Council’s Independent International Commission of Inquiry on the Syrian Arab Republic (HRC – IICIS); MANDATE = The Independent International
Commission of Inquiry on the Syrian Arab Republic was established on 22 August 2011 by the Human Rights Council through resolution S-17/1.The mandate of the
Commission is to investigate all alleged violations of international human rights law since March 2011 in the Syrian Arab Republic.
UNGA’S International, Impartial and Independent Mechanism (UNGA – IIIM); MANDATE = On 21 December 2016, the United Nations General Assembly adopted
resolution 71/248, establishing the International, Impartial and Independent Mechanism to assist in the investigation and prosecution of persons responsible for the
most serious crimes under International Law committed in the Syrian Arab Republic since March 2011.
Response 2 – Obstructionist tactics in the UNSC/Weaponizing the Veto:
o Intentions/Aims:
Aim 1 – UN Charter: To maintain international peace and security, and to that end: to take effective collective measures for the prevention and removal of threats to
the peace, and for the suppression of acts of aggression or other breaches of the peace, and to bring about by peaceful means, and in conformity with the
principles of justice and international law, adjustment or settlement of international disputes or situations which might lead to a breach of the peace;
o Outcome:
At the UN Security Council, Russia and China have repeatedly vetoed Western-backed resolutions on Syria.
Russia's unilateral veto of UNSC Resolution S/2018/321 (a US draft resolution establishing the UN Independent Mechanism of Investigation – UNIMI) or S/2017/970 (a
Japanese draft extending the Joint Investigative Mechanism – JIM)
Between 2011-December 2020, Russia has cast 15 UNSC vetoes to block resolutions regarding Syria. Most recent, alongside China, July 2020 Russia and China have vetoed
a United Nations Security Council (UNSC) resolution to extend aid deliveries from Turkey to Syria.
o Outcome:
UN World Food Programme (WFP) provides monthly food assistance to 4.8 million people across Syria by working together with cooperating partners in all 14 governates. In
2020, WFP was awarded the Nobel Peace Prize for “its efforts to combat hunger, for its contribution to bettering conditions for peace in conflict-affected areas and for acting as
a driving force in efforts to prevent the use of hunger as a weapon of war and conflict”.
UNHCR – Zaatari Refugee Camp, almost overnight the United Nations (UN) was forced to set up a refugee camp in Jordan, and what started as a few tents in 2012, by 2014
grown into a semi-permanent city of about 100,000 people. Zaatari Refugee Camp is now the world’s second largest refugee camp in the world and Jordan’s fourth largest city.
Zaatari is home to 77,497 refugees, nearly 20% are under five years old. Zaatari Camp is under the joint administration of Jordan’s Syrian Refugee Affairs Directorate (SRAD)
and UNHCR. As the lead agency for refugees in Jordan, UNHCR is also covering Camp Coordination. UNICEF works to provide school materials and constructs / maintain
education complexes. 19,243 children are enrolled in 32 schools.