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nothing in the Charter enables the Organisation to intervene in matters essentially in the internal affairs of any state unless there is a threat to the peace, a breach of the peace or an act of aggression, in which case the United Nations is entitled to have recourse to enforcement measures in accordance with Chapter VII of the Charter. A non-international conflict has traditionally been one in
This book is a critical study of John Burton's work, which outlines an alternative framework for the study of international conflict, and re-examines conflict resolution. It argues that culture has a constitutive role in international conflict and conflict resolution. The book provides an overview of the mediation literature in order to locate problem-solving workshop conflict resolution within the context of peaceful third-party involvement. It analyses human needs thinking and examines the similarities between it and Burton's thinking. The book also examines the logic of Burton's argument by means of metaphor analysis, by analysing the metaphors which can be found in his human needs theory. It studies further Burton's views of action and rationality, and moves into phenomenology and social constructionism. The book takes as its starting-point a totalist theory of international conflict resolution, namely Burton's sociobiologically-oriented conflict theory, and demonstrates the logic of argument and the denial of culture underlying his problem-solving theory. It explains the dimensions of the social world in order to lay a foundation for the study of conflict and conflict resolution from the social constructionist perspective. The book presents a phenomenological understanding of conflict and problem-solving conflict resolution. Finally, it argues that problem-solving workshop conflict resolution can be best understood as an attempt to find a shared reality between the parties in conflict.
This chapter provides a baseline for comparing the evolution of peace and security norms and practice within the African region and internationally. The bulk of the chapter covers notable international interventions in the post-Cold War period, specifically the United Nations responses to the Iraqi invasion of Kuwait as well as humanitarian crisis and conflicts in Somalia and the former Yugoslavia. It also analyzes the evolution of UN peace and security policy through the Agenda for Peace and subsequent reports as well as the creation of the Responsibility to Protect doctrine. It ends with a comparison of developments at the regional and international levels to show that peace and security norms and practices in Africa often emerged in tandem or prior to similar developments at the international level.
existing texts aimed at limiting the violence against the populations of Confederate states. Lieber acknowledged civilians in the war while explicitly denying them political recognition. In contrast, civilians caught up in international conflicts subject to the Geneva Conventions were ignored until 1949. While the codification of armed conflict, whether international or domestic, was inspired by a desire to limit the violence, it gave the generals – not surprisingly – the
This book examines the historical evolution of international humanitarian law, in particular the legal and political bases for the penalisation of infractions associated with this body of law. The interaction of law, politics and financial considerations have proved detrimental for staging criminal prosecutions, even to this day, but ultimately have not negated the criminal liability of perpetrators. The book explores the various forms of direct participation in humanitarian law offences and the concept of the doctrine of superior responsibility. It stipulates the liability of those persons who, being in a position of authority, fail to prevent or punish crimes committed by their subordinates. The book deals with the elaboration of a legal theoretical model, defined as the 'duty to control', which attempts to address the gap identified in the relevant law of causation. It traces the evolution of humanitarian law in the context of non-international armed conflicts, with the aim of determining the application of humanitarian and criminal norms therein. Although for the purposes of humanitarian law the distinction between non-international and international conflicts is becoming less significant, people must still be aware of the mechanism known as 'conflict classification'. The world's major powers, with the exception of the UK, have expressly or implicitly widened their judicial jurisdiction by penalising extraterritorial breaches committed in internal armed conflicts. The book focuses on the legislative and judicial efforts of developed nations, mainly from Europe and North America. For these countries, the suppression of extraterritorial crime is not of imminent importance.
territory. In accordance with the well established principle of absolute sovereignty over domestic affairs, such non-international conflicts were considered to be within the domestic jurisdiction of the sovereign concerned. On occasion, however, states were prepared to offer assistance to an allied or friendly state in suppressing such a conflict, while, as was clear at the time of the Spanish Civil War
BURTON’S CONFLICT AND conflict resolution theories demonstrate the use of human needs theory and medical metaphors in peace and conflict studies. Implicit denial of the importance of culture in human affairs is at the very core of his theory of international conflict resolution. The strong universalising tendencies constitute his theory as a form of totalist theorising in the social sciences. The
of the third party is to provide this filter. If the participants can use this filter, then they will be able to perceive realities accurately, to assess available theoretical and empirical knowledge, and arrive at reliable conclusions. 2 THE PROBLEM-SOLVING workshop type of international conflict resolution has proved to be a promising approach in solving violent
(1972: 333) This chapter reviews findings in the case studies and examines their implications for the literature on Europeanisation, European Union studies, and international conflict resolution. It presents an argument about the potential of the concept of Europeanisation and the governance perspective to explain the effects of European integration
resolution overcome the zero-sum negotiation structure embedded in power politics, and deal with the real root causes of conflicts. 5 The aim of this chapter is to examine the cooperative end of the conflict resolution continuum and, more precisely, the modes of international conflict resolution which include third-party intermediary activities. The scope is further narrowed down to traditional mediation