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Lethal Autonomous Weapons Systems And The Principles Of Distinction And Proportionality, Nicholas Cromie

Dissertations, Theses, and Capstone Projects

Lethal Autonomous Weapons Systems (LAWS) challenge the core principles of International Humanitarian Law (IHL), distinction and proportionality, by delegating life-and-death decisions to algorithms rather than human judgment.  This dissertation examines whether LAWS can conform to these principles and, if so, under what conditions.  Through process tracing, the study traces the historical integration of disruptive weapons technologies, including chemical, biological, nuclear, and armed drones, into IHL-compliant frameworks or their exclusion via prohibition.  Each case reveals distinct pathways: outright bans for indiscriminate or inherently inhumane systems (chemical and biological weapons), normative restraint and limited acceptance despite destructive power (nuclear weapons) and phased …

Beyond Authorization: United Nations Institutional Reform And Humanitarian Intervention, Basma Laassel

Senior Theses

The United Nations’ failures to prevent mass atrocities in Rwanda (1994), Srebrenica (1995), and Syria (2011) have sparked persistent calls for institutional reforms to overcome P5 veto gridlock and bureaucratic paralysis. This thesis asks the question: “what United Nations reforms could realistically enhance the UN’s ability to effectively intervene in cases of humanitarian crises?” To answer this question, this thesis employs rigorous counterfactual analysis to test whether three specific institutional reforms would have realistically prevented these humanitarian catastrophes: (1) providing the United Nations General Assembly (UNGA) with limited binding authority under Chapter VII of the UN Charter, (2) the UN …

Manufacturing Collapse: American Power And The Dissolution Of The Federal Republic Of Yugoslavia, Jonah Michael Hillmann

Electronic Theses and Dissertations 2020 - Present

This thesis argues that the United States systematically worked to destabilize the Federal Republic of Yugoslavia and initiate regime change through economic sanctions, propaganda campaigns, funding of political opposition movements, and the facilitation of NATO bombing campaigns. Through an examination of recently declassified U.S. government documents, National Security Council briefings, and diplomatic correspondence, a more complicated reality of U.S. involvement in Yugoslavia emerges. Evidence reveals that the Clinton Administration leveraged the real humanitarian crisis in Kosovo to advance post-Cold War strategic interests, particularly the political and economic unification of Europe under NATO. Organized into three thematic chapters: Militaristic Involvement, Economic …

Report Of The Special Rapporteur On The Implications For Human Rights Of The Environmentally Sound Management And Disposal Of Hazardous Substances And Wastes, Marcos Orellana - Military Activities And Toxics, Marcos Orellana

PEEL Faculty Scholarship

Implications for human rights of the environmentally sound management and disposal of hazardous substances and wastes

Note by the Secretary-General

The Secretary-General has the honour to transmit to the General Assembly the report of the Special Rapporteur on the implications for human rights of the environmentally sound management and disposal of hazardous substances and wastes, Marcos Orellana, in accordance with Human Rights Council resolution 54/10.

The Very Fine Line: Utilitarian Aesthetics And Threshold Politics In Now You See Me Moria, Nik Rye

Spect-actor: A Journal of Pedagogy & Theatre of the Oppressed

Now You See Me Moria (est. August 2020) is an international socially engaged art collective that brings visibility to the inhumane conditions of the Moria refugee camp, aiming to influence European Union migration policies. This paper examines the collective’s work across digital and physical gallery spaces, analyzing the role of utilitarian aesthetics in both image and process, and situating the project alongside the migratory journey of a specific member. The resonance of this initiative, and the actions it has catalyzed, reveals a societal push to disrupt the contemporary art mainstream in favor of an emergent movement that privileges lived experience …

Humanitarian Interventions On The Crossroads Of Legality And Legitimacy, Asya Gasparyan

Human Rights Brief

In an era marked by persistent geopolitical conflicts and recurring human rights crises, the discourse surrounding humanitarian interventions (“HI”) and the role of the United Nations in this complex arena is of paramount importance. The pressing need to address mass atrocities, including ethnic conflicts and political unrest, highlights the legal and moral dilemmas associated with humanitarian interventions.

What Lessons Can Be Learned From The United Nations Preventive Deployment Mission In North Macedonia, On The Border Of Two Civilizations: Nothing Fails Like Success?, Mary Frances Lebamoff

Comparative Civilizations Review

Preventive deployment as a conflict prevention tool has not recurred in the past several decades, despite the broadly acclaimed success of the United Nations Preventive Deployment in Macedonia, UNPREDEP 1995-1999, and of its predecessor missions, UNPROFOR/Macedonia, and UNPROFOR/M 1992-1995.

The United Nations in particular has continued with mainly first- and second-generation peacekeeping, peacemaking and peacebuilding actions even on civilizational borders. What may best explain why there has been no other engagement in preventive deployment missions? There has been much emphasis placed formally and informally on early warning, detection, mitigation, and prevention of conflict. There have also been increasing numbers of …

The Attorney’S Guidebook To Handling Un And Oas Visas: Understanding The Us’ Obligation In Igo Visa Issuance, Nicolas Garon

Lincoln Memorial University Law Review Archive

The UN Headquarters Agreement, signed in 1947 between the United States and the United Nations, outlines many obligations for the U.S. as the host nation. Notably, it requires the U.S. Government to facilitate entry into the UN’s Headquarters District, which spans a 25-mile radius from Columbus Circle in New York. Consequently, the C-2 visa was created specifically to permit transit into the UN Headquarters District for qualified duties, without granting access to the rest of the United States.However, there is a significant lack of information and secondary resources on C-2 visas, as well as other visas and procedures for accessing …

Has Russia Killed Article 2(4)? Evaluating The Effectiveness Of The Prohibition Of The Use Of Force In The Conduct Of International Affairs, Dr. Graham Melling

San Diego International Law Journal

The February 24, 2022 invasion of Ukraine by Russia represents an unambiguous breach of the United Nations Charter´s prohibition of the use of force. The significance of the prohibition of the use of force between States cannot be overstated and is recognised in practice and legal doctrine as being “one of the core values of the international community”. However, argument has been made that the United Nations Charter´s rules prohibiting the use of force are no longer relevant to the conduct of international affairs, especially involving major powers. It could be argued that by their conduct States have repudiated the …

Pacem In Terris: Historical Context & The Call For Global Governance, Joseph J. Fahey

The Journal of Social Encounters

This essay examines the historical context that led to Pope John XXIII’s proposal for a global “public authority” in his April 11, 1963, encyclical letter, Pacem in Terris (Peace on Earth). The catalyst for this letter was the Cuban Missile Crisis that occurred between October 22 and October 29, 1962. Pope John offered to mediate that crisis, and President Kennedy and Premier Khrushchev agreed and eventually came to an agreement not only to end the crisis but also to negotiate a limited nuclear test ban treaty. In the last year of his life, a time for him …

Operation Nation-Building: How International Humanitarian Law Left Afghanistan Open On The Operating Table, Nina Griscelli

University of Miami Law Review

Military campaigns often carry with them official names and underpinning objectives. In Afghanistan, these campaigns were known as Operation Enduring Freedom in 2001, and later, in 2015, as Operation Freedom Sentinel. In total, the United States and its allies remained in Afghan territory for 7,268 days, twenty years, in support of the “Global War on Terror.” Within that time, the democratic construction of a “free” Afghan society—also known as nation-building, regime change, or transformative military occupation—deeply transformed the status quo of the population. To the West, “Operation Nation-Building” became the most strategic and “hopeful alternative to the vision of the …

A Historical Evaluation Of The Position Of The United States On Genocide Designations: Framing Implications For Xinjiang, Marley Taylor Belanger

Graduate Capstone Projects

This paper evaluates the historical stances of the United States with the international norm against genocide. It further examines how U.S. positions in precedent cases of genocide may help frame the U.S. response to the current crisis in Xinjiang, China. This paper reviews the historical record of the instances when the U.S. government has designated past atrocities to be considered genocides, and identifies patterns of continuity and change in the decision-making process of the U.S. This work then applies the theories of liberalism, constructivism, and realism to interpret the actions of the United States when deciding to recognize genocide formally. …

International Law In The Boardroom, Kishanthi Parella

Scholarly Articles

Conventional wisdom expects that international law will proceed through a “state pathway” before regulating corporations: it binds national governments that then bind corporations. But recent corporate practices confound this story. American corporations complied with international laws even when the state pathway broke down. This unexpected compliance leads to three questions: How did corporations comply? Why did they do so? Who enforced international law? These questions are important for two reasons. First, many international laws depend on corporate cooperation in order to succeed. Second, the state pathway is not robust, then or now. It is therefore vital to identify alternatives to …

Third Party Mediation: Comparative Case Study On The Effectiveness Of Foreign Intervention In Intra-State Armed Conflicts In Bosnia And Herzegovina, Libya, And Myanmar., Vanessa Vuji

Dissertations and Theses

The intervention of third-party mediators is often critical in the resolution of intrastate armed conflicts. Their success hinges on such factors as the mediator’s skill and perceived impartiality, the support of the United Nations Security Council and clarity of their mandate, the timing of their interventions (the ‘ripeness’ concept) and the involvement of civil society. The purpose of this research will be to assess the effectiveness of third-party interventions in the Bosnia and Herzegovina and Serbia, Libya, and Myanmar conflicts on the basis of these criteria. The parameters evaluated during the case studies show that third-party mediation may jeopardize the …

Security Council Resolutions And The Double Function Of Explanation Of Votes, Mark Klamberg

Vanderbilt Journal of Transnational Law

UN Security Council resolutions are not always clear: they sometimes need to be interpreted. Members of the Security Council may make statements in connection with their votes, termed explanation of votes. Explanation of votes may have at least two functions. First, they may contribute to the formation of customary international law. Secondly, they can be used as a means for interpreting Security Council resolutions in relation to a specific situation or dispute. The present Article examines different trajectories of conversations to show how Security Council resolutions and explanation of votes may protect the status quo in some instances and act …

Protecting Peace? Analyzing The Relationship Between The Protection Of Civilians And Peace In Un Peacekeeping Settings, Jenna Russo

Dissertations, Theses, and Capstone Projects

Since 1999, the protection of civilians (POC) has become central to UN peacekeeping, included in the mandates of most multidimensional missions. In 2009, the Security Council designated POC as a priority among mandated tasks, in part because of the assertion that protecting civilians creates conditions that are conducive to peace. Yet, to this point, there has not been a thorough examination of the relationship between the protection of civilians in conflict settings and the broader peace process. The purpose of this research project is to investigate whether protecting civilians from violence serves to shorten conflict duration and/or create more durable …

Should There Be An Alternative To The United Nations For The Regulation Of Nuclear Weapons?, Sajani Patel

Senior Theses

In this thesis, I examine the question “Should there be an alternative to the United Nations (UN) for the regulation of nuclear weapons?” The UN is notorious for issues with conflict of interest between the nuclear powers also being the permanent members of the security council. This allows the special interests of nuclear weapon holding states to influence the role of the UN in the path towards disarmament and accountability. A case study is conducted to assess each country’s reaction to UN disarmament initiatives, specifically three treaties: The Comprehensive Test Ban Treaty (CTBT), the Non-Proliferation Treaty (NPT), and the Treaty …

Dysfunctional Warfare: The Russian Invasion Of Ukraine, Rob Johnson

The US Army War College Quarterly: Parameters

Russia’s invasion of Ukraine was based on false premises, faulty assumptions, and a weak strategy. As the conflict has unfolded, heavy losses have imposed a strain on available Russian manpower. The Russian army reached a culminating point outside Kyiv and has exhibited little sign of operational learning. By contrast, Ukrainians have fought an existential war, making good use of dispersed light infantry tactics with high motivation levels. Western support has allowed them to compensate for their deficiencies in armaments and munitions. This commentary also shows military and policy leaders how the political context continues to impose limitations on the Ukrainians.

Parameters Summer 2022, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.

Un Missions And Their Failures: How Collaboration With Military Force Complicates Un Intervention In Areas Of Conflict, Nevada Lee

Scripps Senior Theses

My thesis explores the collaboration between UN Assistance and Peacekeeping missions and multi-lateral Western Counterterrorism forces. Through studying four UN Missions, I found that the missions and the counterterrorism forces often had conflicting goals, but continued to collaborate because of the interests of Western Democracies that dominate UN policy. The lack of focus on UN Missions' mandated goals is eroding the integrity of the UN as a whole and the work the organization accomplishes.

Never Again? The United Nations And Genocide: A Doomed Mission?, Maria Terrinoni

Capstone Showcase

Despite their commitment to international peace and security and to the concept of “never again,” the United Nations has failed to end the many genocides of the late 20th century. In this thesis, I use the genocides in Rwanda (1994) and in the Yugoslav Wars (1991-1999) as case studies to understand the UN’s response to genocide and to attempt to understand why the UN cannot effectively respond to and end genocide. I discover that issues such as the limitations of the Genocide Convention, the importance of state sovereignty, and overall institutional failures of the United Nation make any attempt to …

Funding Global Governance, Kristina B. Daugirdas

Law & Economics Working Papers

Funding is an oft-overlooked but critically important determinant of what public institutions are able to accomplish. This article focuses on the growing role of earmarked voluntary contributions from member states in funding formal international organizations such as the United Nations and the World Health Organization. Heavy reliance on such funds can erode the multilateral governance of international organizations and poses particular risks for two kinds of undertakings: normative work, such as setting standards and identifying best practices; and evaluating the conduct of member states and holding those states accountable, including through public criticism, when they fall short. International organizations have …

Funding Global Governance, Kristina B. Daugirdas

Articles

Funding is an oft-overlooked but critically important determinant of what public institutions are able to accomplish. This article focuses on the growing role of earmarked voluntary contributions from member states in funding formal international organizations such as the United Nations and the World Health Organization. Heavy reliance on such funds can erode the multilateral governance of international organizations and poses particular risks for two kinds of undertakings: normative work, such as setting standards and identifying best practices; and evaluating the conduct of member states and holding those states accountable, including through public criticism, when they fall short. International organizations have …

Temple Of Peace : International Cooperation And Stability Since 1945, Ingo Trauschweizer

Ohio University Press Open Access Books

This collection raises timely questions about peace and stability as it interrogates the past and present status of international relations.

The post–World War II liberal international order, upheld by organizations such as the United Nations, the North Atlantic Treaty Organization, and similar alliances, aspired to ensure decades of collective security, economic stability, and the rule of law. All of this was a negotiated process that required compromise—and yet it did not make for a peaceful world.

When Winston Churchill referred to the UN framework as “the temple of peace” in his famous 1946 Iron Curtain speech, he maintained that international …

Persuasion About/Without International Law: The Case Of Cybersecurity Norms, Steven R. Ratner

Book Chapters

International law on cybersecurity is characterized by at best a thin consensus on the existence of rules, their meaning, and the desirability and content of new rules. This legal landscape results in a unique pattern of argumentation and persuasion by states and non-state actors both in advocating for a regulatory scheme for cyber activity and in reacting to malicious cyber acts. By examining argumentation in the absence of a generally agreed legal framework, this chapter seeks to provide new insights into the motivations for and effects of international legal argumentation in shaping debates and behavior. After describing the legal landscape …

Failure To Protect?: Applying The Drri-2 Scales To Rwanda And Srebrenica, Elizabeth Mason

Genocide Studies and Prevention: An International Journal

This article critically reanalyses the action, or lack of action, taken by UN peacekeepers in Rwanda and Srebrenica in the 1990's. The lack of action of UN peacekeepers in Rwanda and Bosnia has long been criticised as a conscious decision made by peacekeepers to not act in defence of those being targeted but instead to act as bystanders of genocide when they had the ability to prevent acts of genocide taking place. This article re-examines the actions of the UN command under Romeo Dallaire in Rwanda and Thom Karremans in Srebrenica, Bosnia in terms of the stress-related factors which influenced …

Afghanistan Legislative Commitments To The Wto: A Deeper Look At Afghanistan's Compliance With Trips, Hafizullah Seddiqi

Indiana Journal of Global Legal Studies

In 2016, Afghanistan formally acceded to the World Trade Organization (WTO) to improve its worldwide trading prospects. However, this journey began much earlier. To join the WTO, one of Afghanistan's commitments was to reform its then-existing trademark laws. Intellectual property (IP)-related laws are, in general, one of the fields that countries must reform prior to joining the WTO, so as to be in accordance with the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). While Afghanistan has enacted some IPrelated statutes, including the 2009 Law on Trade Marks Registration, it continues to fall short of conforming to TRIPS because …

The Dangers Of Humanitarian Intervention And The Responsibility To Protect Doctrine, And A Partial Solution, Matthew Bellinger

Indiana Journal of Global Legal Studies

When the United Nations (UN) was formed, one of its most important goals was to render war obsolete. The UN Charter states as a goal the hope to "save succeeding generations from the scourge of war." When President Franklin D. Roosevelt first described his vision for a post-World War II international organization, he envisioned an organization that would promote and facilitate "international cooperation . . . to consider and deal with the problem of world relations." He also wanted a council that would "concern itself with peaceful settlement of international disputes." The UN Charter itself took the then-unprecedented step of …

“When Two Elephants Fight, It’S The Ground That Suffers ”: A Neo- Marxist Rhetorical Deconstruction Of The United States’ Rhetoric Of Power In Resistance To United Nations Treaties, Divine Narkotey Aboagye

Theses and Dissertations

In this thesis, I present a Gramscian rhetorical reading of American antagonism to the International Criminal Court, a crucial agency of the UN. I probed the rhetoric of power in resistance concerning the discourse of international treaties by showing how both the United States and the United Nations have become global hegemons. From the foregoing, I uncover American resistance to the constitutive force of United Nations treaties by paying attention to post-Cold War American presidents. By using a neo-Marxist lens and analyzing a key foreign policy accord – the International Criminal Court – that spans the presidencies of Clinton, Bush, …

Paradox Of Hierarchy And Conflicts Of Values: International Law, Human Rights, And Global Governance, Jootaek Lee

Northwestern Journal of Human Rights

In an international society, hierarchies are set up differently among different countries and societies based on different values, which are naturally conflicting and colliding with each other and result in unstable conditions. Is hierarchy really necessary in an international society? Does more hierarchical order in international society mean more peace? Do we need a supranational organization like the European Union whose laws can pierce state sovereignty and bind citizens of each member state? Does the United Nations need to be reformed to create an effective hierarchy, which will give international society more peace, security, and protection of human rights? This …