Law Commons^™

Shame In The Security Council, Saira Mohamed

Saira Mohamed

The decision of the U.N. Security Council to authorize military intervention in Libya in 2011 was greeted as a triumph of the power of shame in international law. At last, the usually clashing members of the Council came together, recognizing the embarrassment they would suffer if they stood by in the face of an imminent slaughter of civilians, and atoning for their sins of the inaction in Rwanda, Bosnia, and Darfur. The accuracy of this redemption narrative, however, is open to question. Shaming - an expression of moral criticism intended to induce a change in some state practice - is …

Shame In The Security Council, Saira Mohamed

Saira Mohamed

The decision of the U.N. Security Council to authorize military intervention in Libya in 2011 was greeted as a triumph of the power of shame in international law. At last, it seemed, the usually clashing members of the Council came together, recognizing the embarrassment they would suffer if they stood by in the face of an imminent slaughter of civilians, and atoning for their sins of inaction in Rwanda, Bosnia, and Darfur. The accuracy of this redemption narrative, however, is open to question. Shaming—an expression of moral criticism intended to induce a change in some state practice—is assumed by scholars …

Shame In The Security Council, Saira Mohamed

Saira Mohamed

The decision of the U.N. Security Council to authorize military intervention in Libya in 2011 was greeted as a triumph of the power of shame in international law. At last, the usually clashing members of the Council came together, recognizing the embarrassment they would suffer if they stood by in the face of an imminent slaughter of civilians, and atoning for their sins of the inaction in Rwanda, Bosnia, and Darfur. The accuracy of this redemption narrative, however, is open to question. Shaming - an expression of moral criticism intended to induce a change in some state practice - is …

Omissions, Acts, And The Security Council's (In)Actions In Syria, Saira Mohamed

Saira Mohamed

This essay explores the responsibilities of Security Council members for abuses perpetrated in foreign humanitarian crises. As death tolls mount and massive violations of human rights continue in Syria, the Security Council plods along, doing little to respond to the escalating violence there. Some have portrayed the Council as a mere bystander, an onlooker with no connection to or responsibility for the atrocities undertaken by others. In another view, the Council is not merely standing by, but instead is complicit in the violence because it does nothing. Drawing on insights from the criminal law, this essay considers how we can …

Introductory Note To El_Masri V. United States, Saira Mohamed

Saira Mohamed

No abstract provided.

Taking Stock Of The Responsibility To Protect, Saira Mohamed

Saira Mohamed

The article presents information on the role of the organs of the United Nations, the civil society groups and the head of the states in the responsibility to protect under the international law and the protection of the human rights. The international community steps in of the state fails in the responsibility to protect the citizens. Information on the decision of the Security Council of the United Nations regarding the issue in Libya is also presented.

Introductory Note To The United Nations Declaration On The Rights Of Indigenous Peoples, Saira Mohamed

Saira Mohamed

No abstract provided.

Syria, The United Nations, And The Responsibility To Protect, Saira Mohamed

Saira Mohamed

No abstract provided.

From Keeping Peace To Building Peace: A Proposal For A Revitalized United Nations Trusteeship Council, Saira Mohamed

Saira Mohamed

No abstract provided.

Neglected Option: The Contributions Of State Responsibility For Genocide To Transitional Justice, A, Saira Mohamed

Saira Mohamed

Despite the pervasive involvement of government bureaucracies in perpetrating genocide and other atrocities, the international community's efforts to assist societies emerging from these horrors have relied primarily on establishing the guilt of individuals in criminal tribunals, rather than addressing the wrongs committed by governments through other means. The International Court of Justice diverged from this approach to transitional justice when it decided in 2007 that states themselves can be held civilly responsible for committing genocide. Characterizing the decision as reviving the concept of collective guilt in contravention of accepted principles of transitional justice, some warned that holding states responsible for …

Introductory Note To U.N. Security Council Resolution 1975 On The Cote D'Ivoire, Saira Mohamed

Saira Mohamed

No abstract provided.

Restructuring The Debate On Unauthorized Humanitarian Intervention, Saira Mohamed

Saira Mohamed

No abstract provided.

Deviance, Aspiration, And The Stories We Tell: Reconciling Mass Atrocity And The Criminal Law, Saira Mohamed

Saira Mohamed

Of Monsters And Man: Perpetrator Trauma And Mass Atrocity, Saira Mohamed

Saira Mohamed