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How Can International Institutions Be Improved to Ensure Accountability and Justice for Violations That Occur in Humanitarian and Counter-Terrorism Operations?
Sarwar, Fiez I.
Sarwar, Fiez I.
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Publication Date
2021
End of Embargo
Supervisor
Elfving, Sanna
Emeseh, Engobo
Emeseh, Engobo
Rights
The University of Bradford theses are licenced under a Creative Commons Licence.
Peer-Reviewed
Open Access status
Accepted for publication
Institution
University of Bradford
Department
Faculty of Management, Law and Social Sciences
Awarded
2021
Embargo end date
Additional title
Abstract
The thesis purports to assess the United Nations Security Council (UNSC) in
maintaining international peace and security and the International Criminal
Court (ICC) in prosecuting individuals who have committed severe violations
of international humanitarian law (IHL) and international law, during
humanitarian and counter-terrorism operations. The thesis endeavours to
highlight the failures of both institutions, firstly, the UNSC being unable to fulfil
its institutional mandate, which is mainly attributed to the abuse of veto
privileges granted to the five permanent members (P5). This has effectively
allowed individuals from the militaries of the P5 and their allies elude criminal
liability, promoting a culture of impunity. The UNSC’s failure to prevent P5
members use of unauthorised military force in pursuing counter-terrorism
operations and interpose expeditiously in humanitarian crises, have also
contributed to the erosion of the institutions’ legitimacy, which is further
perpetuated by the USA’s continued ‘War on Terror’ doctrine after the 9/11 terrorist attacks. Secondly, the ICC’s inability to prosecute individuals for crimes under the Rome Statute will also be highlighted as the principle of complementarity and the court’s inability to enforce arrest warrants are
significant factors contributing to the institutions inability to administer
international criminal justice. The thesis draws upon practical examples to
substantiate the failures of both institutions by referring to the conflicts in:
Afghanistan, Iraq, Palestine, Syria and Libya. Before concluding the UNSC
and the ICC have become futile, the thesis will then make recommendations for reform and propose a novel solution to restore legitimacy back to both institutions.
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Type
Thesis
Qualification name
PhD