Events

Roundtable: Legal Limits to the Use of the Veto

From March 8, 2019 9:00 until 17:00

At Foley Hoag, LLC

Question at Issue: Are there legal limits to the use of the veto by the Permanent Members of the U.N. Security Council blocking action in the face of genocide, crimes against humanity or war crimes? Or is the veto in such circumstances a carte blanche that can be utilized at the complete discretion of the permanent members?

Proposition: There are legal limits to the use of the veto power in the face of genocide, crimes against humanity or war crimes. Three arguments support this conclusion:

  1. The veto power derives from the UN Charter, which is subsidiary to jus cogens norms. Thus, a veto that violates jus cogens norms, or permits the continued violation of jus cogens norms, would be illegal or ultra vires. The Charter (and veto power) must be read in a way that is consistent with jus cogens.
  2. The veto power derives from the UN Charter, which states in Article 24(2) that the Security Council “[in] discharging [its] duties” “shall act in accordance with the Purposes and Principles of the United Nations.” A veto in the face of a draft resolution aimed at curtailing or alleviating the commission of genocide, crimes against humanity or war crimes does not accord with the Charter’s purposes and principles.
  3. A permanent member of the Security Council that utilizes the veto power also has other treaty obligations, such as those under the Genocide Convention, which contains an obligation to “prevent” genocide. A Permanent Member’s use of the veto that would enable genocide, or allow its continued commission, would violate that state’s legal obligation to “prevent” genocide. A similar argument can be made as to allowing the perpetration of at least certain war crimes, such as “grave breaches” and violations of Common Article 3 of the 1949 Geneva Conventions. (Given that under Article 103 of the Charter, the Charter trumps inconsistent treaty obligations, this argument may only apply where treaty obligations also embody jus cogens norms or accord with the Charter’s purposes and principles.) Alternatively, these treaties and the veto power could (and should) be read consistently, so that there is no conflict, making article 103 inapplicable.

Goal of Project: To ensure that the UN Security Council is able to act in the face of genocide, crimes against humanity and/or war crimes; therefore, to have the members of the General Assembly request an Advisory Opinion from the International Court of Justice (ICJ): Are there legal limits to the use of the veto power in the face of genocide, crimes against humanity or war crimes?

Initial Goal of Initiative: To form a group of NGOs and States who support this initiative and would be willing to work to convince the General Assembly to make this request of the ICJ.

Alternative Concept: To put some of these legal concepts directly into a GA resolution that notes the legal obligations related to genocide, crimes against humanity and war crimes, and calls for veto restraint (and not ask for an Advisory Opinion).

    —Professor Jennifer Trahan, NYU Center for Global Affairs, This email address is being protected from spambots. You need JavaScript enabled to view it.

Supporting Individuals:

  • Hans Corell, former Under-Secretary General for Legal Affairs
  • Richard Goldstone, former Prosecutor of the International Criminal Tribunal for the former Yugoslavia & the International Criminal Tribunal for Rwanda,
  • Navanethem (“Navi”) Pillay, former High Commissioner for Human Rights
  • Andras Vamos-Goldman, co-founder & former Executive Director, Justice Rapid Response
  • David M. Crane, former Chief Prosecutor, Special Court for Sierra Leone
  • Judge Christine Van den Wyngaert, formerly International Court of Justice (ad hoc), International Criminal Tribunal for the former Yugoslavia, and International Criminal Court; presently Kosovo Specialist Chambers (signing in a personal capacity)

Supporting NGOs:

  • The Global Centre for the Responsibility to Protect
  • The International Center for Transitional Justice
  • The World Federalist Movement - Institute for Global Policy
  • Parliamentarians for Global Action
  • Open Society Justice Initiative
  • Global Justice Center
  • Syrian Justice and Accountability Center
  • Moroccan National Coalition for the International Criminal Court
  • Lawyers for Justice in Libya
  • Women’s Initiatives for Gender Justice

 

Accountability for conflict-related sexual violence as a central pillar for prevention - Arria Formula meeting of the UN Security Council

From Feb. 8, 2019 10:00 until 13:00

At United Nations Headquarters, Trusteeship Council Chamber

The Permanent Missions of Germany, Belgium, Dominican Republic, Equatorial Guinea, France, Kuwait, Peru, Poland, South Africa and the United Kingdom will co-host an Arria Formula meeting of the UN Security Council on the preventive impact of criminal accountability for conflict-related sexual and gender-based violence on Friday, 8 February 2019, at 10:00 am in the Trusteeship Council Chamber. The meeting will be chaired by Ms. Katarina Barley, Federal Minister of Justice and Consumer Protection of Germany.

"Sexual violence, when used or commissioned as a tactic of war in order to deliberately target civilians or as a part of a widespread or systematic attack against civilian populations, can significantly exacerbate situations of armed conflict and may impede the restoration of international peace and security." (Extract from Security Council Resolution 1820).

Members of the UN Security Council and UN Member States explore how each can more effectively integrate criminal accountability for sexual violence in conflict into the prevention agenda, including into conflict resolution, transitional justice and peacebuilding.

Briefers:

  • Tonderai Chikuhwa, Chief of Staff and Senior Policy Advisor, Office of the Special Representative of the Secretary-General on Sexual Violence in Conflict
  • Toussaint Muntazini, Prosecutor of the Special Crimes Court in the Central African Republic
  • Akila Radhakrishnan, President of the Global Justice Center

Chair:

  • Katarina Barley, Federal Minister of Justice and Consumer Protection of Germany

Download the Concept Note

 

Leitner Human Rights Speaker Series – Exporting Censorship: The Suppression of Abortion Speech and Information

From Jan. 29, 2019 12:30 until 13:30

At Fordham Law School, New York, NY

Global Justice Center President Akila Radhakrishnan will discuss illegal US abortion restrictions' violations of the freedoms of speech and association, including the Global Gag Rule, Helms Amendment, and Siljander Amendment.

Related Resources:

 

Challenges and Prospects on the ICC's Horizon: Afghanistan, Myanmar and More

From Dec.6, 2018 13:00 until 15:00

At World Forum, Africa Room, The Hague, Netherlands

The Global Justice Center is proud to participate in this side event for the 17th Session of the Assembly of States Parties to the International Criminal Court hosted by the American Bar Association (ABA) and the International Federation for Human Rights (FIDH).

The roundtable discussion will focus on current and upcoming challenges faced by the International Criminal Court, and the ways in which the Court’s recent work has confronted and responded to pressing global challenges. Experts will discuss issues posed by recent criticism of the Court from those implicated in its examinations and investigations, the increasingly diverse range of examinations and investigations undertaken through the Court and other global criminal justice processes, and opportunities for accountability posed by the Court’s recent cases and decisions, including in Afghanistan and Myanmar.

Speakers:

  • Katherine Gallagher, Senior Staff Attorney at the Center for Constitutional Rights
  • Amb Stephen Rapp, Visting Fellow at the US Holocaust Memorial Museum and former US Ambassador-at-large for Global Criminal Justice
  • Michael Greco, former President of the ABA, and current Chair of the ABA's ICC Project
  • Akila Radhakrishnan, President of the Global Justice Center
  • Kate Vigneswaran, Senior Legal Advisor at the International Commission of Jurists

Moderator:

  • Christopher (“Kip”) Hale, Atrocity Crimes Attorney and Term Member, Council on Foreign Relations

Yezidi Genocide Remembrance and Panel Discussion

August 1, 2018 | 2:30 - 4:00 pm

At UN WOMEN

August 3rd marks the fourth anniversary of ISIS’s attack on the Yezidi community in Sinjar, the beginning of their genocidal campaign against the Yezidi people. Four years on, the genocide is ongoing and Yezidis are still waiting for any measure of justice or accountability.

On Wednesday, August 1st, join the Free Yezidi Foundation, the Global Justice Center, UN Women & the Office of the Special Representative of the Secretary General on Sexual Violence in Conflict as we discuss how to ensure justice and accountability for the genocide and make sure that women are at the center of conflict resolution.

Speakers:

  • Ms. Phumzile Mlambo-NgcukaExecutive Director, UN Women
  • Ms. Pramila PattenSpecial Representative of the Secretary-General on Sexual Violence in Conflict
  • Ms. Pari IbrahimExecutive Director, Free Yezidi Foundation
  • Moderator: Ms. Akila Radhakrishnan | President, Global Justice Center

Download event information