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The Security Council and Climate Change – Too Hot to Handle?

Published on April 26, 2018        Author: 
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Introduction

The Security Council, the only body of the United Nations that can adopt binding coercive measures, has so far been reluctant to train its sight at climate change. As the consequences of climate change become ever more severe, an important question is therefore whether the Security Council will address the security implications of climate change.

Article 24 of the UN Charter gives the Security Council primary responsibility for the maintenance of international peace and security. The Council’s classic domain has been interstate armed conflict. Starting in the early 90s, the Council began to show a greater willingness to prescribe measures also in internal situations of humanitarian emergency, thereby articulating a new approach to what constitutes a threat to international peace and security (clearly described in Presidential Statement S/23500, 31 January 1992).

The purpose of this post is to examine whether we can expect a similar evolution when it comes to climate change. In doing so, we must distinguish between three different ways in which the Council can address climate change.

First, the Council can address climate change as part of its general response to conflict situations. Ongoing hostilities in Libya, South Sudan, Yemen and Syria were all catalyzed by extraordinary droughts, storms and extreme flooding, which caused economic and political turmoil and instability. Yet, all these conflicts are recurring items on the Security Council’s agenda. Seen this way, the Council has already shown its aptitude to deal with the immediate security implications of climate change as part of its conflict management agenda.

Second, the Council can proscribe targeted measures to prevent climate change as an independent driver of conflict. This is arguably very different than merely tackling the violent effects of climate change without addressing climate directly. Third, the Council can address security implications of climate change occurring outside of conflict. This is an especially acute problem for most of the so-called Small Island Developing States (SIDS), whose very existence are threatened by sea-level rise, hurricanes and dwindling natural resources. Their remote geographical location and small populations suggest that the situation in those states could gradually deteriorate without causing much conflict or international instability.

The focus of the remainder of the post will be on the Council’s ability to address climate change directly, both as an independent driver of or unrelated to conflict. Read the rest of this entry…

 

The Assembly of State Parties to the International Criminal Court Decides to Delete Article 124 of the Rome Statute

Published on April 12, 2016        Author: 
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A little noticed but still significant event during last year’s Assembly of State Parties of the International Criminal Court (ICC) was the decision to delete article 124 of the Rome Statute. Article 124, titled “Transitional Provision”, reads as follows:

Notwithstanding article 12, paragraphs 1 and 2, a State, on becoming a party to this Statute, may declare that, for a period of seven years after the entry into force of this Statute for the State concerned, it does not accept the jurisdiction of the Court with respect to the category of crimes referred to in article 8 when a crime is alleged to have been committed by its nationals or on its territory. A declaration under this article may be withdrawn at any time. The provisions of this article shall be reviewed at the Review Conference convened in accordance with article 123, paragraph 1.

The gist of article 124 was to allow State Parties, upon becoming Party to the Rome Statute, to preclude the Court from exercising jurisdiction over war crimes (article 8) for a period of seven years. Only France and Colombia ever made use of article 124, and each country did so for very particular reasons, which I will not elaborate further here. Suffice it to note that France withdrew its declaration under article 124 in 2008 and that the Columbian declaration made in 2002 expired in 2009. Still, for a court that prides itself on permitting no reservations, no statute of limitations, and no immunities from prosecution, even for heads of state, many have considered article 124 as an inappropriate exemption from the Court’s quintessential principle that there shall be no impunity for any of the crimes under its jurisdiction.

The deletion of article 124 is important not only in its own right, but also because of how it occurred. State Parties deliberated extensively about whether to adhere to the standard amendment procedure outlined in article 121 or if a simple decision by the Assembly would suffice. The result of this debate can be indicative of how States will approach procedural questions of a similar nature in the future, not least when the Assembly in 2017 moves to activating the crime of aggression (on which see this post). Read the rest of this entry…

 
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