Jus cogens: Recent Developments in International Law

This Week in Public International Law Scholarship (No. 25)

This Week in Public International Law Scholarship, a juscogens.net feature, highlights new and notable books and articles concerning public international law. For comments or suggestions, please contact editor@juscogens.net.

Books:

Armin Von Bogdandy, Rudiger Wolfrum & Christiane E. Philipp (eds.), Max Planck Yearbook of United Nations Law, 2006

Anthony Clark Arend & Robert J. Beck, International Law and the Use of Force (2d Rev.Ed.)

Geoff Gilbert, Responding to International Crime

Marcelo G. Kohen (ed.), Promoting Justice, Human Rights and Conflict Resolution through International Law

Ben Saul, Defining Terrorism in International Law

Spanish Yearbook of International Law, 2004

Jane Stromseth, David Wippman & Rosa Brooks, Can Might Make Rights?: Building the Rule of Law after Military Interventions

Christian L. Wiktor, Treaties Submitted to the United States Senate: Legislative History, 1989-2004

Alexander Zahar & Goran Sluiter, International Criminal Law: A Critical Restatement

Articles:

Texas International Law Journal, Volume 41, Number 3, Summer 2006

REPRESENTING CULTURE, TRANSLATING HUMAN RIGHTS SYMPOSIUM

• Philippe Sands, LAWLESS WORLD: THE CULTURES OF INTERNATIONAL LAW
• Florian F. Hoffmann, "Shooting into the Dark": Toward a Pragmatic Theory of Human Rights (Activism)
• Derek Jinks, Translation of Global Human Rights Norms: The Empirical Dimension
• Balakrishnan Rajagopal, Culture, Resistance, and the Problems of Translating Human Rights
• Srinivas Aravamudan, Sovereignty: Between Embodiment and Detranscendentalization
• Antony Anghie, Nationalism, Development and the Postcolonial State: The Legacies of the League of Nations
• David Kennedy, Sovereignty: Responding to Anghie and Aravamudan
• Ranjana Khanna, Asylum
• Gregor Noll, Asylum Claims and the Translation of Culture into Politics
• Charles Piot, Asylum and Culture: Comments on Khanna and Noll
• Gaurav Desai, Isn't Multiculturalism Bad for Asylum?
• Surakiart Sathirathai, PEACE AND SECURITY: THE CHALLENGE AND THE PROMISE

Natural Resources Journal, Volume 46, Number 1, Winter 2006

• Owen McIntyre, The Role of Customary Rules and Principles of International Environmental Law in the Protection of Shared International Freshwater Resources

American Journal of International Law, Volume 100, Number 3, July 2006

Centennial Essays In honor of the 100th anniversary of the AJIL and the ASIL

• W Michael Reisman and Andrea Armstrong, The Past and Future of the Claim of Preemptive Self-Defense
• Theodor Meron, Reflections on the Prosecution of War Crimes by International Tribunals
• Adam Roberts, Transformative Military Occupation: Applying the Laws of War and Human Rights

Current Developments

• Stephen Mathias, The 2005 Judicial Activity of the International Court of Justice

International Criminal Law Review (Netherlands), Volume 6, Number 3, 2006

• Badar, Mohamed Elewa, Drawing the Boundaries of Mens Rea in the Jurisprudence of the International Criminal Tribunal for the Former Yugoslavia
• Abass, Ademola, The International Criminal Court and Universal Jurisdiction
• Knowles, Phoebe, The Power to Prosecute: the Special Court for Sierra Leone from a Defence Perspective
• Maged, Adel, Withdrawal of Referrals A Serious Challenge to the Function of the ICC

Indian Journal of International Law (India), Volume 46, Number 2, April-June 2006

• Talat Fatima, Cyber Terrorism: The International Menace -- Concept and Responses
• Chinmaya R. Gharekhan, Is the United Nations Relevant in the Contemporary World?

Journal of Conflict Studies (Canada), Volume 25, Number 2, Winter 2005

• ANN FITZ-GERALD, Facing the Facts: Peacekeeping's Place Within a Broader Approach to Security
• SARA L. ZEIGLER AND GREGORY G. GUNDERSON, Pernicious Patriarchy or Prosecutorial Progress?: Confronting Culture, War, and Rape in International Law

Leiden Journal of International Law (Netherlands), Volume 19, Number 3, October 2006

• ANNE PETERS, Compensatory Constitutionalism: The Function and Potential of Fundamental International Norms and Structures
• ERIKA DE WET, The Emergence of International and Regional Value Systems as a Manifestation of the Emerging International Constitutional Order
• RONALD JANSE, The Legitimacy of Humanitarian Interventions
• MOHAMED M. EL ZEIDY, Some Remarks on the Question of the Admissibility of a Case during Arrest Warrant Proceedings before the International Criminal Court

Melbourne Journal of International Law (Australia), Volume 7, Number 1, May 2006

• Tarik Kochi, Terror in the Name of Human Rights
• 'Dejo Olowu, The United Nations Human Rights Treaty System and the Challenge of Commitment and Compliance in the South Pacific
• Philip Alston, Reconceiving the UN Human Rights Regime: Challenges confronting the New UN Human Rights Council

Journal of International Criminal Justice (United Kingdom), Volume 4, Number 3, July 2006

• M. Cherif Bassiouni, The ICC -- Quo Vadis?
• George P. Fletcher and Jens David Ohlin, The ICC -- Two Courts in One?
• Antonio Cassese, Is the ICC Still Having Teething Problems?
• George P. Fletcher, The Hamdan Case and Conspiracy as a War Crime: A New Beginning for International Law in the US
• Mohamed M. El Zeidy, Critical Thoughts on Article 59(2) of the ICC Statute
• Ilias Bantekas, Corruption as an International Crime and Crime against Humanity: An Outline of Supplementary Criminal Justice Policies
• Carla Del Ponte, Investigation and Prosecution of Large-scale Crimes at the International Level: The Experience of the ICTY
• Claus Kreß, Universal Jurisdiction over International Crimes and the Institut de Droit international

Security Council Compendium (No. 13)

Security Council Compendium, a juscogens.net feature, provides a comprehensive, concise summary of the work of the United Nations Security Council in an organized, central location and an unbiased, objective manner. For comments or suggestions, please contact editor@juscogens.net.

Security Council Resolutions

S/RES/1709 (22 September 2006) Reports of the Secretary-General on the Sudan

Synopsis of Resolution 1709: In resolution 1709, the Security Council extends the mandate of the United Nations Mission in the Sudan (UNMIS) until 8 October 2006 "with the intention to renew it for further periods." Resolution 1663 extended the mandate of UNMIS until 24 September 2006.

Resolution 1709 resources:

• Map of Sudan
• United Nations Mission in Sudan (UNMIS)
• African Union Mission in the Sudan (AMIS)

S/RES/1710 (29 September 2006) The situation between Eritrea and Ethiopia

Synopsis of Resolution 1710: The Security Council extends the mandate of the United Nations Mission in Ethiopia and Eritrea (UNMEE) for a period of four months, until 31 January 2007. The resolution also reiterates the previous demand that "Eritrea reverse, without further delay or preconditions, all restrictions on UNMEE’s movement and operations, and provide UNMEE with the access, assistance, support and protection required for the performance of its duties, in this regard expresses its deep concern at the recent expulsion of UNMEE personnel by Eritrea." Resolution 1710 also reiterates the Security Council's "call expressed in paragraph 2 of resolution 1640 (2005) that the parties show maximum restraint and refrain from any threat or use of force against each other" and "its demand expressed in paragraph 5 of resolution 1640 (2005) that Ethiopia accept fully and without delay the final and binding decision of the Eritrea-Ethiopia Boundary Commission [EEBC] and take immediately concrete steps to enable, without preconditions, the Commission to demarcate the border completely and promptly." Resolution 1710 also contains forward-looking statements including the intent to "transform or reconfigure" UNMEE in the event that the parties have not demonstrated progress towards demarcation by 31 January 2007.

Resolution 1710 resources:

• United Nations Mission in Ethiopia and Eritrea (UNMEE)
• Eritrea-Ethiopia Boundary Commission (Permanent Court of Arbitration)

S/RES/1711 (29 September 2006) The situation concerning the Democratic Republic of the Congo

Synopsis of Resolution 1711: After "noting that the situation in the Democratic Republic of the Congo continues to constitute a threat to international peace and security in the region" and "acting under Chapter VII of the Charter of the United Nations," the Security Council extends the mandate of the United Nations Organization Mission in the Democratic Republic of the Congo (MONUC) "as contained in resolutions 1565, 1592, 1596, 1621 and 1635 until 15 February 2007." Resolution 1711 also extends until 15 February 2007 the increase in the military and civilian police strength of MONUC authorized by resolutions 1621 and 1635. Lastly, the Security Council "decides to extend until 31 December 2006 the authorization contained in resolutions 1669 and 1692 for the Secretary-General to redeploy temporarily a maximum of one infantry battalion, a military hospital and 50 military observers from United Nations Operation in Burundi (ONUB) to MONUC."

Resolution 1711 resources:

• United Nations Organization Mission in the Democratic Republic of the Congo (MONUC)
• United Nations Operation in Burundi (ONUB)

S/RES/1712 (29 September 2006) The situation in Liberia

Synopsis of Resolution 1712: After "reiterating the continuing need for [the United Nations Mission in Liberia's (UNMIL)] support for the security of the Special Court for Sierra Leone" and "determining that the situation in Liberia continues to constitute a threat to international peace and security in the region," the Security Council adopts Resolution 1712 acting under Chapter VII of the UN Charter. Resolution 1712 extends the mandate of UNMIL until 31 March 2007 and reaffirms the Security Council's "intention to authorize the Secretary-General to redeploy troops between UNMIL and the United Nations Operation in Côte d’Ivoire (UNOCI) on a temporary basis in accordance with the provisions of resolution 1609 (2005), as may be needed." Additionally, Resolution 1712 "endorses the Secretary-General’s recommendations for a phased, gradual consolidation, drawdown and withdrawal of UNMIL’s troop contingent, as the situation permits and without compromising the security of Liberia."

Resolution 1712 resources:

• United Nations Mission in Liberia (UNMIL)
• United Nations Operation in Côte d’Ivoire (UNOCI)

S/RES/1713 (29 September 2006) Reports of the Secretary-General on the Sudan

Synopsis of Resolution 1713: "Determining that the situation in Sudan continues to constitute a threat to international peace and security in the region" and "acting under Chapter VII of the Charter of the United Nations," the Security Council extends "until 29 September 2007 the mandate of the Panel of Experts originally appointed pursuant to resolution 1591 (2005) and previously extended by resolutions 1651 (2005) and 1665 (2006), and requests the Secretary- General to appoint a fifth member to enable the Panel to better carry out its mission, and to take the necessary administrative measures." Additionally, Resolution 1713 "requests the Panel of Experts to provide no later than 29 March 2007 a midterm briefing on its work and no later than 90 days after adoption of this resolution an interim report to the Committee established pursuant to paragraph 3 (a) of resolution 1591 (2005), and a final report no later than 30 days prior to termination of its mandate to the Council with its findings and recommendations."

S/RES/1714 (6 October 2006) Reports of the Secretary-General on the Sudan

Synopsis of Resolution 1714: After "determining that the situation in the Sudan continues to constitute a threat to international peace and security," the Security Council "decides to extend the mandate of [the United Nations Mission in Sudan (UNMIS)] until 30 April 2007, with the intention to renew it for further periods." Resolution 1714 also "requests the Secretary-General to report to the Council every three months on the implementation of the mandate of UNMIS." Additionally, the Security Council also "calls upon the parties to the Comprehensive Peace Agreement, the Darfur Peace Agreement and the N’djamena Humanitarian Cease-fire Agreement to respect their commitments and implement fully all aspects of the Agreements without delay, and calls upon those parties that have not signed the Darfur Peace Agreement to do so without delay and not to act in any way that would impede implementation of the Agreement."

Resolution 1713 & 1714 resources:

• Map of Sudan
• United Nations Mission in Sudan (UNMIS)
• African Union Mission in the Sudan (AMIS)

S/RES/1715 (9 October 2006) Recommendation for the appointment of the Secretary-General of the United Nations

Complete text of Resolution 1715: "The Security Council, Having considered the question of the recommendation for the appointment of the Secretary-General of the United Nations. Recommends to the General Assembly that Mr. Ban Ki-moon be appointed Secretary-General of the United Nations for a term of office from 1 January 2007 to 31 December 2011."

Security Council Meetings

S/PV.5531 (closed) (22 Sept. 2006) Kosovo (Serbia) [Communiqué]

S/PV.5532 (22 Sept. 2006) Sudan [S/RES/1709; Vote: 15-0-0]

S/PV.5533 + Corr.1 (22 Sept. 2006) Democratic Republic of the Congo [S/PRST/2006/40]

S/PV.5534 (closed)(25 Sept. 2006) Meeting with countries contributing troops to the UN Mission in Liberia [Communiqué]

S/PV.5535 (closed) (25 Sept. 2006) Somalia [Communiqué]

S/PV.5536 (closed) (26 Sept.2006) Meeting with countries contributing troops to the UN Mission in Ethiopia and Eritrea [Communiqué]

S/PV.5537 (closed) (27 Sept. 2006) Meeting with countries contributing troops to the UN Organization Mission in the Democratic Republic of the Congo [Communiqué]

S/PV.5538 (28 Sept. 2006) Briefings by Chairmen of subsidiary bodies of the Security Council [no action]

S/PV.5539 (29 Sept. 2006) Middle East situation [no action]

S/PV.5540 (29 Sept 2006) Eritrea-Ethiopia [S/RES/1710; Vote: 15-0-0]

S/PV.5541 (29 Sept. 2006) Democratic Republic of the Congo [S/RES/1711; Vote: 15-0-0]

S/PV.5542 (29 Sept. 2006) Liberia [S/RES/1712; Vote: 15-0-0]

S/PV.5543 (29 Sept. 2006) Sudan [S/RES/1713; 15-0-0]

S/PV.5544 (closed) (6 Oct. 2006) Meeting with countries contributing troops to the UN Observer Mission in Georgia [Communiqué]

S/PV.5545 (6 Oct. 2006) Sudan [S/RES/1714; Vote: 15-0-0]

S/PV.5546 (6 Oct. 2006) Letter dated 4 July 2006 from the Permanent Representative of Japan to the United Nations addressed to the President of the Security Council [S/PRST/2006/41]

S/PV.5547 (closed) (9 Oct. 2006) Recommendation for the appointment of the Secretary-General of the United Nations [Communiqué + S/RES/1715; No vote]

S/PV.5548 (closed) (9 Oct. 2006) Afghanistan [Communiqué]

Statements By Security Council President (October 2006 - Japan)

S/PRST/2006/40 (22 September 2006) The situation concerning the Democratic Republic of the Congo

S/PRST/2006/41 (6 October 2006) Letter dated 4 July 2006 from the Permanent Representative of Japan to the United Nations addressed to the President of the Security Council

Statements to Press By Security Council President

SC/8850 (9 October 2006) AFGHANISTAN

Security Council President and Secretary-General Letters

S/2006/760 (25 September 2006) Letter dated 25 September 2006 from the Secretary-General addressed to the President of the Security Council (Fifth report of the International Independent Investigation Commission established pursuant to Security Council resolutions 1595 (2005), 1636 (2005) and 1644 (2005), prepared by Mr. Serge Brammertz, Commissioner)

S/2006/765 (26 September 2006) Letter dated 26 September 2006 from the Secretary-General addressed to the President of the Security Council (Afghanistan - Quarterly report on the operations of the International Security Assistance Force, 1 April to 31 July 2006)

S/2006/778 (29 September 2006) Letter dated 28 September 2006 from the Secretary-General addressed to the President of the Security Council (Cameroon-Nigeria Mixed Commission)

S/2006/779 (29 September 2006) Letter dated 28 September 2006 from the Secretary-General addressed to the President of the Security Council (Letter dated 22 September 2006 from the Secretary-General and the Chairperson of the African Union Commission addressed to the President of the Sudan - Darfur: United Nations support to the African Union Mission in the Sudan (AMIS))

S/2006/790 (5 October 2006) Letter dated 2 October 2006 from the Secretary-General addressed to the President of the Security Council (Representative in Guinea-Bissau and Head of the United Nations Peacebuilding Support Office in Guinea-Bissau (UNOGBIS))

S/2006/791 (5 October 2006) Letter dated 5 October 2006 from the President of the Security Council addressed to the Secretary-General (Representative in Guinea-Bissau and Head of the United Nations Peacebuilding Support Office in Guinea-Bissau (UNOGBIS)

S/2006/797 (9 October 2006) Letter dated 9 October 2006 from the Secretary-General addressed to the President of the Security Council (Letter dated 4 October 2006 from the Director General of the International Atomic Energy Agency addressed to the President of the Security Council)

Reports of the Secretary-General

S/2006/749 (19 September 2006) Report of the Secretary-General on Ethiopia and Eritrea

S/2006/759 (21 September 2006) Twenty-second report of the Secretary-General on the United Nations Organization Mission in the Democratic Republic of the Congo

S/2006/764 (26 September 2006) Monthly report of the Secretary-General on Darfur

S/2006/770 (27 September 2006) Report of the Secretary-General on women, peace and security

S/2006/771 (28 September 2006) Report of the Secretary-General on the situation in Abkhazia, Georgia

S/2006/783 (29 September 2006) Report of the Secretary-General on developments in Guinea-Bissau and on the activities of the United Nations Peace-building Support Office in that country

Security Council Monthly Programme of Work (as of 12 October 2006)

2006 Archived Webcasts of Security Council Meetings