Jeremy Farrall’s new book chapter: ‘The use of UN sanctions to address mass atrocities’

Jeremy Farrall’s latest analytical piece on the use of UN sanctions to address mass atrocities was published in The Oxford Handbook of the Responsibility to Protect. This first edition of the Handbook, edited by Alex Bellamy and Tim Dunne, was released last month.

A copy of the chapter is available here. You can also buy your copy of the book here.

 

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Policy proposals on strengthening the rule of law through the United Nations Security Council released as UN document

On April 27, the report Strengthening the rule of law through the United Nations Security Council, authored by Prof. Hilary Charlesworth and Dr. Jeremy Farrall, was released as a UN document under the symbol S/2016/397.

The report offers policy proposals aim to enhance the Security Council’s capacity to strengthen the rule of law, particularly when it deploys peace operations, applies sanctions and authorises the use of force.

You can access the report here.

Book release: Strengthening the rule of law through the UN Security Council

The book StrengtheROL_book_coverning the rule of law through the UN Security Council, edited by Hilary Charlesworth and Jeremy Farrall, was released this month. The collection of essays, three from members of the Security Council Analysis Network,  examine the extent to which the Council has honoured his commitment to the rule of law when exercising its powers under the UN Charter to maintain international peace and security.

The book discusses both how the concept of the rule of law regulates, or influences, Security Council activity and how the Council has in turn shaped the notion of the rule of law. It explores in particular how this relationship has affected the Security Council’s three most prominent tools for the maintenance of international peace and security: peacekeeping, sanctions and force. In doing so, this book identifies strategies for better promotion of the rule of law by the Security Council. Click on  the links below to read excerpts from the book.

Foreward by Alan Ryan and preface to the book

Introduction by Hilary Charlesworth and Jeremy Farrall

Strengthening the local accountability of UN peacekeeping by Jeni Whalan

The UN Security Council as regulator and subject of the rule of law: conflict or confluence of interest? by Jeremy Farrall and Marie-Eve Loiselle

 

 

 

Australia adds weight in global leadership

ml-artw-leadership-20131028173741200955-620x349 In world diplomacy, the Security Council has been a vital proving ground.

The Canberra Times29 October 2013

Jeremy Farrall and Jeni Whalan

Australia is almost halfway through its two-year elected term on the UN Security Council. Our delegation has acquitted itself well, particularly in the ceremonial role of council president in September. Hopes are high that Australia can build on its 2013 achievements to craft a lasting legacy as a productive contributor to global peace and security.

During the first half of 2013 Australia made solid contributions to the Security Council’s work, primarily in its work as chair of the committees overseeing sanctions against Iran, al-Qaeda and the Taliban. It also worked behind the scenes to coax other council members to support action to address the shocking humanitarian situation in Syria. An example of these efforts was Australia’s sponsorship of an informal briefing for Security Council members by a UN Commission of Inquiry on Syria.

Australia’s most important test came in September, when we assumed the temporary position of Security Council president. Preparations for the presidency were hampered by the timing of federal elections, which complicated efforts to arrange a flagship high-level council meeting on a theme of Australia’s choosing. As president Australia also faced the considerable challenge of managing differences between council members on how to address the crisis in Syria. Tensions over Syria were particularly high following the August 21 use of chemical weapons against civilians in Damascus.

Despite these challenges, Australia managed to preside over three important high-level meetings and secure the adoption of two landmark resolutions. The first high-level meeting, on September 26, was on stopping the illegal flow of small arms and light weapons. Australia chose this theme to build on its successful efforts earlier this year as chair of the final conference for the Arms Trade Treaty. It was the Security Council’s first formal meeting on small arms for five years and Australia’s leadership ensured that an intensive negotiation process culminated in the adoption of the council’s first ever resolution on small arms.

The second high-level meeting, on September 27, discussed the situation in Yemen, where an ongoing national dialogue process is making progress towards a more peaceful, inclusive transition to democracy, notwithstanding ongoing security, political and humanitarian concerns, particularly in the south of the country.

In the third high-level meeting, late on September 27, the Security Council took its first action in 18 months to address the situation in Syria. In one of its final acts as president, Australia thus presided over the adoption of resolution 2118 (2013), which endorsed the framework agreed by the United States and Russia for the destruction of Syria’s chemical weapons. As Australia’s ambassador Gary Quinlan noted at the time, this was a momentous occasion.

After a successful first year of membership, Australia now has greater diplomatic capital with which to address important global issues that might otherwise escape the attention of the Security Council’s major powers.

While the threat of military strikes against Syria is no longer immediate, there is little respite for the seven million people in need of humanitarian assistance. On October 2, a joint Australia-Luxembourg initiative culminated in a presidential statement calling for all UN member states to contribute with urgency to the ongoing humanitarian appeals for Syria. At $4.4 billion, the Syrian appeals constitute the largest aid request in the UN’s history. Barely half the funding needs have so far been met. A crucial test of Australia’s leadership will be whether it can maintain its commendable record on Syria’s humanitarian crisis, both in and outside the Security Council.

Australia should continue its efforts to improve Security Council transparency and accountability. The Responsibility to Protect (R2P) initiative, once championed by Australia, has fallen out of favour with many UN members as an unfortunate consequence of NATO’s over-enthusiastic implementation of the mandate to protect civilians in Libya. One way to restore confidence in R2P would be to develop appropriate accountability mechanisms for civilian protection mandates. Australia should also encourage careful review within the council of recent shifts in UN peacekeeping practice, including the authorisation of ”combat peacekeepers” and surveillance drones in the Congo, a controversial new mission in Mali, and expanded efforts to counter organised crime and terrorism throughout Africa.

Finally, Australia is the ”penholder” on Afghanistan – the nickname for a Security Council member that takes the lead on the issue’s deliberations. With both elections and the ”transition” of NATO-led international operations due in 2014, Australia will play a crucial role in shaping the future role and status of the UN Assistance Mission to Afghanistan (UNAMA).

Australia has 14 more months on the Security Council, including another turn as monthly president. Australia’s legacy will be shaped by our ability to use this time to promote political and humanitarian progress in Syria, increase the council’s transparency and accountability, strengthen peacekeeping practice and promote a constructive role for the UN in Afghanistan.

Let’s hope our diplomats have the stamina and support to achieve positive outcomes on all these fronts.

Read more: http://www.canberratimes.com.au/comment/australia-adds-weight-in-global-leadership-20131028-2wbrd.html#ixzz2jpYJ52b5

Security Council sanctions: can Australia make a difference?

Gary Quinlan (second from left), Permanent Representative of Australia to the UN and President of the Security Council for the month of September, briefs members in his capacity as Chairman of the Council’s 1737 Sanctions Committee on Iran. UN Photo/JC McIlwaine
Gary Quinlan (second from left), Permanent Representative of Australia to the UN and President of the Security Council for the month of September, briefs members in his capacity as Chairman of the Council’s 1737 Sanctions Committee on Iran. UN Photo/JC McIlwaine

For the United Nations Security Council, sanctions are an important instrument in addressing threats to international peace and security. They usually take the form of controls and bans on travel, trade in specified goods and services, and on financial dealings with designated persons and entities.

first published by The Conversation 29 August 2013

Christopher Michaelsen and Maire-Eve Loiselle

Since it assumed its role as a non-permanent member of the Security Council in January this year, Australia has been playing a leadership role in chairing three subsidiary bodies of the council mandated to implement UN sanctions: the 1267 Committee on Al-Qaida, the 1988 Committee on the Taliban, and the 1737 Committee on Iran.

It would be foolish to expect that we could instigate widespread reform, in particular if permanent council members like the United States, Russia or China remain sceptical or indeed opposed to further changes. We should nonetheless consider options and opportunities to strengthen the mandate of the Ombudsperson when the 1267 regime comes before the Security Council for extension in June 2014.

The first UN sanctions regimes were comprehensive in that they were directed at states as a whole. But in the late 1990s, it became apparent that such comprehensive sanctions had devastating effects on the innocent population without affecting the regime in power. Saddam Hussein’s Iraq in the 1990s was a case in point.

In response, the council developed “smart” sanctionstargeting specifically identified individuals and entities within states, including an increasing number of non-state actors. Over the last decade, individualised sanctions regimes have proliferated.

The individualisation of UN sanctions, however, has not been accompanied by the creation of effective mechanisms for individuals to challenge the measures targeting them. At the UN level, no judicial or quasi-judicial institutions exist to provide an avenue of appeal. What’s more, recourse to national courts and tribunals tends to be unavailable as these generally lack jurisdiction to review Security Council resolutions.

It is therefore unsurprising that the UN sanctions regimes – the 1267 regime in particular – have been criticised for their lack of due process. Nonetheless, reform has been slow. The most significant development has been the establishment of an Ombudsperson mechanism in 2009 which now allows listed individuals and entities to petition the 1267 Committee for delisting.

While this represents a significant improvement, there is still no obligation for the 1267 Committee or the Security Council to delist a targeted individual or entity if certain requirements are met. Just last month, the European Court of Justice (ECJ)expressed its concerns about the current system. In the Kadi II case, the court held that the lack of effective judicial protection at the UN level required that EU courts proceed to an indirect judicial review of contested listings.

So, what can Australia do in its capacity as chair of three sanctions committees and non-permanent member of the Security Council to address the due process shortcomings?

Some of these options are technical and perhaps politically uncontroversial, but they would have a significant impact on the overall fairness of the process. For instance, the Ombudsperson currently does not have a mandate to follow up in cases where individuals and entities are officially delisted in New York, but where this delisting has not been implemented by states in practice with the consequence that assets freeze and travel restrictions remained in place.

But we should also not lose sight of the bigger picture and consider advocating for extending the Ombudsperson procedure to other UN sanctions regimes. At present, 14 of these regimes operate lists targeting individuals and entities. Yet, the Ombudsperson procedure is only available to those listed by the 1267 Committee. In one case, this has led to the absurd outcome that an individual was delisted from the 1267 list, only to be relisted on the sanctions list of the Committee on Somalia and Eritrea.

It is clear that such broader structural reform requires sustained political will. It is also clear that Australia’s capacity to tackle these broader endemic challenges is limited. But it can nonetheless play an important role in keeping the issue on the agenda, even if immediate progress seems politically unlikely.

The debate on the due process concerns of the UN sanctions regimes is therefore not only about justice for listed individuals and entities per se. Rather, it is also about the system that we want to build. If we want to go beyond the state and target individuals considered to constitute a threat to international peace and security, we should also give them standing to defend themselves. The issue is therefore closely related to the Security Council’s credibility in general.

As the council is becoming more concerned with human rights violations, it should practice what it preaches and operate in line with decent procedures. Australia should make the most out of its presidency of the Security Council and push for continued reform in this regard.