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What are the consequences of violating international norms? President Putin has noted the west is being hypocritical by highlighting their role in the middle east over the last decade. And it is true that violating the prohibition against force does not carry any immediate sanction, and that which it does carry are di... | |
Russia should negotiate with the new government If Putin is truly concerned about Ukraine’s government being illegitimate and unconstitutional then he should be supporting elections as soon as possible to settle the question of who the government. Putin himself accepts that Yanukovych has “no political future” and hel... | |
While there has been some economic fallout for Russia this is likely to only be temporary, as the risk of actual conflict goes away the markets will return to normal. There is almost no chance that there will be any sanctions that do real damage because much of Europe is dependent on Russia for gas; Germany gets around... | |
It is an invasion without Security Council sanction The legality of Russia’s invasion of Crimea is simple “Russia’s military intervention in Ukraine violates international law.” [1] The UN Charter is unambiguous “All Members shall refrain in their international relations from the threat or use of force against the ter... | |
This action by Russia shows (once again) that the consequences of violating international norms is practically zero. As such the action damages the credibility of that norm, especially when applied to a powerful state like Russia. [1] The main problem is Russia is a member of these organisations; as a Security Council ... | |
“Ukraine is not [only] our closest neighbour, it is our fraternal nation... we will not go to war with the Ukrainian people.” [1] There have been no shots fired and the action is not a hostile act, it is simply to protect the Crimeans. Russia has not engaged in an armed attack as the forces in Crimea have not fired a s... | |
The veto is not wielded as an ideological tool, but rather a tool of national interest like any other diplomatic tool. The recent case of Libya, whereby the veto power was not used by any of the P5, demonstrated the ability of the Security Council to align themselves to the cause of civilian protection. For this reason... | |
The veto is wielded as an ideological tool. In the rare recent circumstances in which the veto power has been utilised, it has been hijacked by ideological demands and petty national interests. The P5 are able to use their veto powers not to enforce legality, justice and transparency in the international environment, ... | |
The veto power is still as relevant as it ever was. As the opposition notes, the veto power was granted to ensure the victors in World War II that they could prevent the escalation to world war that had so ravaged their lands and populations. The maintenance of the 'long peace' over the subsequent half-century can be a... | |
The Security Council knows it has to reform. All the Security Council members know that at some point there is going to have to be reform of the council. This will most likely mean more members being admitted to the Council. The three countries whose grasp on the Security Council is tenuous due to their relative power... | |
The veto power is a barrier to discourse, preventing the U.N. from acting where the majority of its member states want it to. Purported U.N. actions that would clearly antagonise a member of the P5 never even reach the Security Council; such is the awareness that the veto would stall its progress. The statistics of th... | |
The Security Council is a unifying force, regardless of its veto powers. Its history of mandating U.N. interventions to prevent humanitarian disasters is on the record and clear. Though many point to the Srebrenica massacre in the former Yugoslavia, few recall the success of the U.N. mission in bringing that conflict t... | |
The efficacy of the United Nations Security Council is dependent on the participation of the world's most powerful states, which is in large part due to the possession of the veto power. Removing the veto, or granting it only to those who contribute their fair share to the United Nations budget risks undermining the ve... | |
The veto power is an anachronism that does not suit the contemporary international society and it's power relations. The permanent five (P5) were given this privilege for two reasons that have no application in the post-Cold War world. Firstly, the Allied powers, with the addition of China, sought to bind themselves t... | |
The Permanent Five no longer contribute to the United Nations to a degree expected of their special status. Funding contributions to the United Nations should directly relate to the influence that member organizations thereafter have on its actions; with the veto in place, this is no longer the case. The Permanent Fiv... | |
Constitutional change within the UN is possible and thus worthy of full discussion. As Richard Butler has observed, a proper debate about the defects of the veto might at the least yield a more constructive interpretation of the nature of the veto and its application1. An informed public awareness of the potential for ... | |
Treaties do not confer permanent and inalienable rights; they should be constantly subject to reform when their dictates conflict with the wishes of their voters. In an institution like the United Nations, which espouses self-determination, the existence of a power which is immune from reform is not a source of pride. ... | |
The veto power has proven a success in the maintenance of peace. The veto power has been wielded with increasing success both during and since the Cold War. Between 1945 and 1990, 240 vetoes were cast1. Yet between 1990 and 1999 the power was utilised on only 7 occasions, whilst more than 20 peacekeeping operations we... | |
The veto power reduces the risk of nuclear escalation. The P-5 veto holding members of the UN SC are unique in that they are the only countries that have nuclear arsenals (not simply a small stock of nuclear weapons). They are the only countries with the power to initiate full-scale nuclear war. Therefore, it is impor... | |
Abolition of the veto is practically impossible. The abolition of the power of veto is simply impossible to imagine. The P5 will not willingly cede their pre-eminent position in international politics. And unsurprisingly, each member would have the constitutional power of veto over any proposal to remove the veto. Art... | |
The veto power was granted legally to the P5 by the other participating states, and therefore the P5 have a right to those powers. There is no requirement in the UN Charter for the veto power to be distributed according to geopolitical realities. Whilst democracy and equality are the principles that direct the General... | |
Only the abolishment of the veto power would enable global action free from the political motives and inherent power politics of the veto powers. Absent of the veto, motions would be considered and passed on merit, not on the self-interest and political motives of the veto powers.As Tarik Kafala argues, 'the majority v... | |
Under international law there are only two instances where secession is possible; in the case of foreign occupation and as a result of decolonisation. The third category espoused by the proposition is disputed and naturally leads to absurd consequences: how small a group of people on how small a plot of land can unilat... | |
Self-determination is a human right Self-determination is a right recognised by the United Nations Charter and forms the basis of relations between all nations on earth. Thus, Kosovo-Albanians have international law on their side in their pursuit of an independent homeland. If the UN Charter is not explicitly on the s... | |
Ethnic Serbs are suffering right now in Kosovo. A large portion of them have been displaced from their homes and a significant number of Serbian Orthodox churches and cemeteries have been demolished or vandalised. It is hypocritical to use to suffering of one side to justify a transfer of sovereignty while simultaneous... | |
The people of Kosovo are distinct from their neighbours Kosovo-Albanians are ethnically and culturally distinct from Serbs. They live in a geographically distinct location, Kosovo which is separated from Serbia by the Prokletije, Kopaonik and Zegovac mountains. They comprise 1.7 million people, living within a distinc... | |
An ethnic or religious difference from the rulers of one’s country is not a sufficient condition to necessitate independence. It is perfectly possible for example to be a Muslim in a predominantly Christian country, or someone of Irish heritage living in England, without calling for a separate "state within a state". N... | |
Britain does though claim sovereignty over far away locations such as the Falkland Islands and Gibraltar. The controversy of those claims is not mitigated that they are populated by ethnic Britons who immigrated on assumption of British control. Ethnic nationalism has a very bad history, both around the world and in t... | |
Reversing de-facto sovereignty would be an affront to those who suffered from ethnic cleansing The NATO action in Kosovo was justified as a humanitarian intervention to prevent the oppression and murder of Kosovo-Albanians. It makes a mockery of that action and the liberal-internationalist, humanitarian rhetoric that ... | |
The popular sovereignty of the Kosovan people must take precedence over other considerations The present fact of a distinct, Kosovo-Albanian people living in Kosovo must take precedence over any traditional, religious or historical claim to Serbian sovereignty over that land. It is certainly true that Kosovo is histor... | |
This argument depends upon how one defines the ‘territorial integrity’ of a state in Article 2. Certainly it would not be legitimate for a state to simply declare based on an old treaty or historic claim that its territory encompassed that of a neighbour and to invade, therefore the requirement to respect territorial i... | |
In the last decade Kosovo has leveraged remittances and direct investment from the Kosovar diaspora to achieve robust growth. It has also made significant progress in developing key social and economic institutions necessary for a viable state. In adopting the Euro as legal tender it has gained a strong financial ancho... | |
Now is not the appropriate time There are still widely reported incidents between Kosovo-Albanians and Serbs. [1] Mafia-style gangs dominate the area, [2] many associated with the KLA paramilitaries who struggled against Serbia, and are involved in international crimes such as drug and people trafficking. Moreover, th... | |
It will be bad for regional stability Not only will a move toward independence be bad news for the Serb minority population and for regional relations in general. Some areas of northern Kosovo are ethnically Serb, while parts of southern Serbia have an Albanian population, so the border is likely to be in dispute. It ... | |
The UN charter is against it. Article 2 of the UN charter requires all member states to ‘refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state’. Security Council Resolution 1244 (1999), which authorised the deployment of an in... | |
An independent Kosovo is not a viable state An independent Kosovo would be too small for it to be a viable state. It is one of the poorest regions in Yugoslavia, with a per capita GDP of only $2750, [1] and needs to be a part of a larger state for it to benefit from the development subsidies, economies of scale and la... | |
Whilst the ideal of Serb and Kosovar living in harmony is an honourable one, the international community should not waste energy trying to engineer such a society when both sides appear committed to exclusive, nation-state models which involve the political and social hegemony of one group over the other. Multicultural... | |
The uncertainty over Kosovo’s status is a cause of tension. Drawing a line under the whole issue and making it clear that Kosovo will not revert to being part of Serbia again allows for a relaxing of nationalist tension and for serious discussions to begin over land swaps that would make the border more sensible. | |
This would be a very risky course to take; currently there is 51% support for independence and that could as well go up as down when given the opportunity. With both the Spanish and Catalan economies in crisis it is likely that such a referendum would only be bolstered by anger at the government due to the state of the... | |
Control over Catalan destiny would reduce tensions and may help prevent independence For Spain by far the biggest reason for allowing a referendum is that it may well be the best way of keeping Catalonia within Spain over the long term. So long as Spain says it will not allow a referendum or give the Catalans control ... | |
Such a decision by the Catalan government would clearly be against the Spanish Constitution and therefore illegal. The constitution makes it “the Army’s mission is to guarantee the sovereignty and independence of Spain, to defend its territorial integrity and the constitutional set up” so such a move would invite a mil... | |
Catalans clearly want self determination Every peoples has the right to self determination. This is enshrined in the UN Charter right at the start in Article 1 as a purpose of the United Nations “To develop friendly relations among nations based on respect for the principle of equal rights and self-determination of pe... | |
It is far from clear whether self determination gives peoples the right to decide whether they should be independent. The Supreme Court of Canada has looked at this issue with reference to Quebec that has in the past argued for its right to self determination. The court argues “The recognized sources of international l... | |
Not getting your way in a democracy is not an excuse for turning to violence. Catalonia instead must attempt to persuade the other regions of Spain to allow a referendum or if it can’t then accept that the majority in Spain do not want Catalonian independence and respect their position. Violence will not help persuade ... | |
Catalonia will hold its own referendum regardless of Spain’s position Catalonia is likely to go its own way and decide it should make its own decisions regardless of the rest of Spain’s views. Artur Mas Catalonia’s President says "If we can go ahead with a referendum because the government authorises it, it's better. ... | |
If a referendum is not allowed violence may be the result The worst case scenario is one in which the Spanish government continues to deny the Catalan people the ability to decide for themselves democratically and peacefully then it is possible that eventually the result will be a change from a peaceful movement to a ... | |
It is not up to the Spanish state to choose when the Catalans should be able to have a referendum on independence. A time of crisis is as good as any; economic grievances are one of the main drivers in the desire for independence so it should come as no surprise that there is increase desire for a referendum when there... | |
Section 2 of the constitution continues “it recognizes and guarantees the right to self-government of the nationalities and regions of which it is composed and the solidarity among them all.” 1 However it is not the constitution that is the problem blocking a referendum; rather it is the Spanish parliament. The governm... | |
Catalan independence would lead to further break up of the Spanish state The issue of Catalan independence does not just affect Catalonia but the whole of Spain. All the regions of Spain have strong regional identities and Catalan is merely most widely spoken regional language with the both the Basque region and Galic... | |
The middle of a crisis is not the right time for divorce Both Catalonia and Spain are in the middle of an economic crisis. Spain is considering a bail out by the European central bank and the prospect of losing 20% of its economy and the uncertainty while it happens would have an immense impact on the rest of the econ... | |
Spain is one indivisible nation The Spanish constitution does not allow the holding of referendums on independence by Spanish regions. Spain is a single ‘demos’ made up of all the regions together rather than being separate and simply brought together under one banner. The Constitution says it “is based on the indisso... | |
For the most part this is simply being alarmists. However if other Spanish regions do wish to go their own way then all the arguments for why Catalonia should be allowed its own choice apply to them as well. | |
Whatever the strengths and weaknesses of the Palestinians' legal case, their foremost argument for a 'right of return' has always rested on a claim of victimhood; this claim is highly disputed (as outlined below). Without this moral culpability on the part of Israel, there is no responsibility to right the situation on... | |
Palestinians have a right to return under international law Article 13 of the Universal Declaration of Human Rights states that "Everyone has the right to leave any country, including his own, and to return to his country." [1] This right clearly applies to the Palestinians, as shown by UN General Assembly Resolution ... | |
This argument again assumes that Israel is morally responsible for the current plight of the Palestinian refugees, which is untrue as Israel was not responsible for their exodus (as outlined below). Moreover, it is Arab countries, not Israel, which keep Palestinians in a state of limbo. It is the failure of Arab states... | |
A Palestinians were forced to leave and so have a right to return Especially in the 1948 War, Palestinians were forcibly removed from their homes and towns en masse by the Israeli Defence Force (IDF). The traditional Israeli point of view arguing that Arab leaders encouraged Palestinian Arabs to flee is simply untrue.... | |
The characterization of the 1948 Palestinian exodus as forced by Israel is incorrect. In the very same passage quoted opposite, Morris goes on to argue that only "an extremely small, almost insignificant number of the refugees during this early period left because of (Israeli) expulsion orders or forceful 'advice' to t... | |
Denying the right to return harms Palestinians Palestinian refugees represent the longest suffering and largest refugee population in the world today. During the creation of Israel in 1948, approximately three quarters of a million Palestinians were forced to become refugees. Together with their descendants, more than... | |
The 1948 UN General Resolution 194 specifically applies the right of return to the Palestinian refugees. Paragraph 11 states "that the refugees wishing to return to their homes and live at peace with their neighbours should be permitted to do so at the earliest practicable date, and that compensation should be paid for... | |
The inalienable rights of refugees are not negotiable, nor are they subject to the interests of the state which they would be returning to. International law considers agreements between an occupier and the occupied to be null and void if they deprive civilians of recognized human rights including the rights to repatri... | |
The Palestinian refugee crisis was created and is perpetuated by the Arab states and the Palestinians themselves The current Palestinian refugee crisis is largely the creation of the Palestinian people themselves, who largely left voluntarily (or at least not by Israeli force) in 1948, and the Arab states who both sta... | |
No real 'right of return' exists in international law Article 13 of the Universal Declaration of Human Rights does not guarantee a right of return because the clause "everyone has the right to leave any country, including his own, and to return to his country" was meant to guarantee the right to leave. According to i... | |
A Palestinian right of return would destroy the 'Jewish State' in Israel If all or a large majority of Palestinian refugees and their descendants were to implement a 'right of return', it would make Arabs the majority within Israel and Jews an ethnic minority. This amounts to abolishing the Jewish people's right to se... | |
The Zionist project which led to the state of Israel intended to displace Palestinians from the very beginning, long before the so-called Arab 'aggression' in 1948. Theodor Herzl, who presided the First Zionist Congress, had provided the ideological underpinnings of the Zionist movement in his pamphlet, Der Judenstaat,... | |
A great many of the world’s leading states are multicultural/ethnic rather than ethnic states. The United States, Brazil, India, and Indonesia to take just a few. These states have been able to construct national identities that are not just based upon ethnicity. For cosmopolitan democratic states the border being an a... | |
Ethnic borders allow nation states In Africa borders are artificial often running through ethnic groupings without consideration for culture or even local geography with the exception of water courses. [1] Altering these borders to reflect ethnicities and culture would help states to create their own national identity... | |
That such a move will reduce conflict relies on a lot of assumptions; most notably that the changes won’t spark a lot of new conflicts. Territory is the biggest source of violent conflicts among states and this will create a large number of new such conflicts. When there is a response 76.6% of the time it will be milit... | |
Redrawing could be democratic A redrawing of borders would allow for democratic participation in the building of new African states. There would have to be plebiscites in local areas to determine where borders should run and extensive consultation so that the borders are drawn based on the wishes of the people this ti... | |
Ethnic borders erase a wrong of history Imperialism and Colonisation is one of the great wrongs of history where much of the globe was carved up without any reference to the facts on the ground. When the west drew borders peoples were split, and kingdoms and cultures carved up. Independence may have ended some of the ... | |
Changing borders won’t erase the wrong – it happened and that should be recognised. Borders are simply one by-product and if there are individual borders that are particularly problematic then they might need to be redrawn but there should not be a comprehensive change. To do so might simply create a new wrong with tho... | |
Plebiscites and consultation across the whole of Africa. The project would take years or decades to come up with agreed upon borders. Small areas state might wish to be ceded to a neighbouring state when those closer don’t creating enclaves and exclaves [1] as well as a recipe for conflict. [1] Exclave.eu | |
First changing borders encouraging development relies on the assumption that there won’t be conflict. Second if independence movements gain independence then there will be a lot more international borders and the barriers to trade these impose. Finally we need to think about this the other way around; when there are et... | |
Preventing conflict Redrawing borders could help resolve conflict in Africa. Michalopoulos and Papaioannou find "civil conflict intensity, as reflected in war casualties and duration, is approximately 35% higher in areas where partitioned ethnicities reside." Conflict duration is 18.5% higher. [1] They identify seven... | |
Encouraging development Using data from satellites measuring luminosity Michalopoulos and Papaioannou find that border areas with partitioned ethnic groups are up to 60% less developed than those towards the centre of countries so are not artificially split. Ethnicity is significant for trade. For example between Nige... | |
There are many ‘odd borders’ around the world without problems. Not least between Belgium and the Netherlands. There are about twenty tiny enclaves at Baarle as 5732 parcels of land in a 50km border region were parcelled out separately. [1] Yet there has been no conflict between the two since Belgian independence. Odd ... | |
It has since been accepted in the 1989 Guinea-Bissau/Senegal case that a colony gaining independence need not be bound by agreements concluded by the imperial power. [1] Borders have never in the past been fixed, they have changed usually as a result of conflict but also more peaceful changes such as demarcation or uni... | |
Encourages Secessionism There are at least 834 different ethnicities in Africa [1] and could be as many as 3315. [2] If the ethnicities along the borders are being allowed to choose where they belong then every other ethnicity should, anything else is inconsistent. This is necessary to solve long running campaigns for... | |
Damages dreams of African unity The African Union Constitutive Act has as an objective to “achieve greater unity and solidarity”. This is something that is damaged by making borders open to question. Borders at the moment are a settle but redrawing borders will open up disputes between African countries as every state... | |
Would create odd borders. Unfortunately ethnic groups don’t all live in a block with clear dividing lines between them and the neighbouring group. Borders reflecting ethnicities will be squiggly. Often there will be enclaves. Even enclaves may not be enough to get everybody from each ethnicity in the ‘right’ nation. T... | |
Violates current states sovereignty One of the core principles of sovereignty is that of territorial integrity. In the process of decolonisation this was expressed through the principle of uti possidetis, that the administrative divisions of the previous state should form the borders the new states so as to prevent ga... | |
Solving the conflicts and preventing violence is the first step to real African unity and cooperation. Redrawing the borders is a radical solution that has yet to be tried as it will makes stronger and reduce the threat of secession movements it should make African leaders more willing the work with neighbours. | |
In addition to meeting the demands of some independence movements, there could be a decrease in the number of such organisations due to reduced prospects. If it is unlikely to get a whole province then they may be less inclined to attempt to secede. [1] There have been conflicts in Kivu, DR Congo, but the Banyamulenge... | |
Not all rebels have disarmed; the FDLR group has said it will disarm but has not done so. [1] The disarmament, demobilization and reintegration programme faces coordination and financial problems. There is a security threat from volatile border regions that might reverse the whole DDR effort as militias and military un... | |
There has been disarmament and demobilisation In a war-torn society MONUSCO helps with disarmament, demobilization and reintegration (DDR). DDR is of crucial importance for the future stability of the DRC. They have used the latest technology and decades of UN experience with visible success. Thousands of ex-combatant... | |
The presence of the UN has not stopped human rights abuses. A recent UN report has highlighted that the Congolese army itself has been involved in such abuses particularly sexual violence. Convictions by the ICC are welcome but prosecuting a tiny number of leaders is a drop in the ocean of criminality that occurred, an... | |
Elections have been a success The elections process is moving ahead well. While elections cannot be said to be an unqualified success there have been two general elections, in 2006 and 2011. Local media is vibrant and competitive. And there were a large number of candidates. In the 2011 elections the observers from th... | |
Elections do not show the UN is moving Congo towards becoming a functioning democracy. In 2011 President Kabila has changed the election system to strengthen his own chances of re-election. The elections were hardly free and fair; the AU election monitors have every incentive to praise the elections but even they noted... | |
As recently as January 2014 the United Nations Security Council noted in a resolution “that the situation in the DRC continues to constitute a threat to international peace and security”. [1] In the border regions of Ituri and Kivu armed fighting still goes on despite the supposed defeat pf M23. In December 2013 the b... | |
Convictions by the ICC show international justice in action There has been some justice for past crimes. The former warlord Thomas Lubanga [1] and warlord and politician Jean-Pierre Bemba [2] have both been put on trial in the Hague for war crimes. Lubanga was found guilty of using child soldiers and given a 14 year s... | |
Peace may finally be at hand With the Ceasefire Agreement of Lusaka in July 1999 the so-called "Africa's World War" ended. Foreign occupiers (Rwanda, Uganda, Angola, Zimbabwe…) officially removed their troops from the territory under the sovereignty of the Democratic Republic of the Congo (DRC). MONUSCO has been invol... | |
While a factional, corrupt government that can’t control its territory is an impediment to peace it is not the United Nations main responsibility. MONUSCO has done what it can in coordination with other United Nations agencies, donors and non-governmental organizations, providing assistance for the reform of security f... | |
MONUSCO is working on improving the humanitarian situation in the DRC. They deliver humanitarian help and medical equipment. For example the peacekeepers regularly build health clinics. [1] Quick impact programmes are specially meant to address humanitarian issues and work with the population affected. Without the work... | |
Resources still flow out of the country There is considerable evidence of a continuation of criminality linked to exploitation, including fraud, smuggling, counterfeit money, extortion, and tax evasion. Many natural riches are flown directly out of the country without being taxed – or worse being taxed by rebel groups... | |
Allegations of misconduct by peacekeepers UN troops have sometimes perpetrated violence themselves. 63 soldiers were expelled in 2005 from the mission due to being involved in abuses. In 2008 100 Indian blue helmets were accused of paying for sex with underage girls. The allegations have continued with a reported atta... | |
The government is not in control The government is a place of constant ethnic frictions that impede the performance of its duties. [1] Corruption is rife; the world bank gives DRC a control of corruption rate of only 5%. [2] But the biggest problem is that the government can’t exercise control over the country. The va... | |
An ongoing humanitarian crisis Although gradually improving the humanitarian situation in the DRC remains critical. Congo is lacking hospitals, access to safe water and adequate sanitary facilities. Life expectancy remains low at the age of 50.6 for women and 47.3 for men, and child mortality is 109.5 per 1000 births ... | |
While such incidents are abhorrent and the UN has recognised “that an ugly stain is left on these heroic efforts by the appalling misconduct of a minority of peacekeepers” [1] such instances do not jeopardise the overall mission. Few minor instances should be treated as criminality not equated with a country in civil w... | |
The recorded economy of the DRC and its real GDP are showing signs of growth. The UN Panel of Experts has finally provided detailed information about the involvement of a range of African, European and North American businesses in illegal or illicit exploitation of natural resources in the DRC. Sanctions have been impl... | |
There is no reason to believe that African opinions are disregarded when in the UNSC. Three out of 15 members is not particular disproportionate. First of all, many decisions are taken in the United Nations General Assembly, a completely democratic body, in which the African Union due to its 54 members has a lot of in... | |
The UNSC mostly deals with Africa Africa’s goal is to be fully represented in all the decision-making organs of the UN, particularly in the Security Council, which is the principal decision-making organ of the UN in matters relating to international peace and security. In 2013 the majority (23 out of 41) of UNSC reso... |
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