The United Nations Security Council in the Age of Human Rights Edited by Jared Genser and Bruno Stagno Ugarte Frontmatter More Information
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Cambridge University Press 978-1-107-04007-6 - The United Nations Security Council in the Age of Human Rights Edited by Jared Genser and Bruno Stagno Ugarte Frontmatter More information the united nations security council in the age of human rights The United Nations Security Council in the Age of Human Rights is the first comprehensive look at the human-rights dimensions of the work of the only body within the United Nations system capable of compelling action by its member states. Known popularly for its failure to prevent mass atrocities in Rwanda, the Former Yugoslavia, and Syria, the breadth and depth of the Security Council’s work on human rights in recent decades are much broader and more nuanced. This book examines questions such as: How is the Security Council dealing with human rights concerns? What does it see as the place of human rights in conflict prevention, peacemaking, and peacekeeping? And how does it address the quest for justice in the face of gross violations of human rights? Written by leading practitioners, scholars, and experts, this book provides a broad perspective that describes, explains, and evaluates the contribution of the Security Council to the promotion of human rights and how it might achieve the goals it has articulated more effectively. Jared Genser is Managing Director of Perseus Strategies, a law and consulting firm that focuses on human rights, humanitarian, and corporate social responsibility projects. Previously, Genser was a partner in the government affairs practice of DLA Piper LLP and a management consultant with McKinsey & Company. His pro bono clients have included former Czech Republic president Va´clav Havel and Nobel Peace Prize Laureates Aung San Suu Kyi, Liu Xiaobo, Desmond Tutu, and Elie Wiesel. He is the author of The UN Working Group on Arbitrary Detention: Commentary and Guide to Practice (2014) and a coeditor of The Responsibility to Protect: The Promise of Stopping Mass Atrocities in Our Times (2011). He is a recipient of the American Bar Association’s International Human Rights Award and the Charles Bronfman Prize. He is also a member of the Council on Foreign Relations. Bruno Stagno Ugarte is Executive Director of the Security Council Report. Most recently, he was Foreign Minister of Costa Rica (2006–2010) while the country served a two-year term on the Security Council (2008–2009). Previously, Stagno Ugarte served as Ambassador and Permanent Representative to the United Nations (2002–2006), Chief of Staff of the Foreign Ministry (1998–2000), Adviser to the Foreign Minister (1998), and Minister Counselor and Consul General in the Embassy in Paris (1994–1998). Stagno Ugarte has also served as President of the Assembly of States Parties of the International Criminal Court (2005–2008), Co-President of the Comprehensive Test Ban Treaty Conferences (2007–2009), Co-President of the UN 2005 Summit Outcome Document (2005), and Vice President of the UN Commission of Sustainable Development (2002– 2004). He is a graduate of Georgetown University, Universite´ de la Sorbonne-Paris UPIII-IHEAL, and Princeton University. © in this web service Cambridge University Press www.cambridge.org Cambridge University Press 978-1-107-04007-6 - The United Nations Security Council in the Age of Human Rights Edited by Jared Genser and Bruno Stagno Ugarte Frontmatter More information © in this web service Cambridge University Press www.cambridge.org Cambridge University Press 978-1-107-04007-6 - The United Nations Security Council in the Age of Human Rights Edited by Jared Genser and Bruno Stagno Ugarte Frontmatter More information The United Nations Security Council in the Age of Human Rights edited by JARED GENSER Perseus Strategies BRUNOSTAGNOUGARTE Security Council Report © in this web service Cambridge University Press www.cambridge.org Cambridge University Press 978-1-107-04007-6 - The United Nations Security Council in the Age of Human Rights Edited by Jared Genser and Bruno Stagno Ugarte Frontmatter More information 32 Avenue of the Americas, New York, ny 10013–2473, usa Cambridge University Press is part of the University of Cambridge. It furthers the University’s mission by disseminating knowledge in the pursuit of education, learning, and research at the highest international levels of excellence. www.cambridge.org Information on this title: www.cambridge.org/9781107040076 © Cambridge University Press 2014 This publication is in copyright. Subject to statutory exception and to the provisions of relevant collective licensing agreements, no reproduction of any part may take place without the written permission of Cambridge University Press. First published 2014 Printed in the United States of America A catalog record for this publication is available from the British Library. Library of Congress Cataloging in Publication Data The United Nations Security Council in the age of human rights / edited by Jared Genser, Bruno Stagno Ugarte. pages cm isbn 978-1-107-04007-6 (Hardback) 1. United Nations. Security Council. 2. Human rights. I. Genser, Jared. jz4974.u67 2014 341.408–dc23 2013044467 isbn 978-1-107-04007-6 Hardback Cambridge University Press has no responsibility for the persistence or accuracy of urls for external or third-party Internet Web sites referred to in this publication and does not guarantee that any content on such Web sites is, or will remain, accurate or appropriate. © in this web service Cambridge University Press www.cambridge.org Cambridge University Press 978-1-107-04007-6 - The United Nations Security Council in the Age of Human Rights Edited by Jared Genser and Bruno Stagno Ugarte Frontmatter More information Contents About the Editors page vii Contributors ix Acknowledgments xvii Abbreviations xix part i. the security council and human rights 1. Evolution of the Security Council’s Engagement on Human Rights 3 Bruno Stagno Ugarte and Jared Genser part ii. thematic work of the security council 2. Civilians and Armed Conflict 35 Rosa Brooks 3. Women, Peace, and Security 68 Janet Benshoof 4. Children and Armed Conflict 98 Shamala Kandiah Thompson part iii. securing, maintaining, and building peace 5. UN Peacekeeping and Human Rights 123 Mari Katayanagi 6. Coordination with Other UN Organs 154 Bertrand G. Ramcharan v © in this web service Cambridge University Press www.cambridge.org Cambridge University Press 978-1-107-04007-6 - The United Nations Security Council in the Age of Human Rights Edited by Jared Genser and Bruno Stagno Ugarte Frontmatter More information vi Contents part iv. law and justice 7. Accountability for International Crimes – Special Tribunals and Referrals to the International Criminal Court 173 William A. Schabas 8. Targeted Sanctions and Due Process of Law 195 Jared Genser and Kate Barth 9. Enhancing Rule of Law 247 Axel Marschik part v. case studies 10. Rwanda 275 Rome´o A. Dallaire and Krystel Carrier 11. Bosnia-Herzegovina 288 Geoffrey Nice and Nena Tromp 12. Timor-Leste 320 Jose´ Ramos-Horta and Benedict Rogers 13. Sudan (Darfur) 337 Bruno Stagno Ugarte 14. Democratic Republic of the Congo 357 Anthony W. Gambino 15. Kosovo 380 Søren Jessen-Petersen 16. Libya 396 Philippe Kirsch and Mohamed S. Helal 17. Syria 434 Richard Gowan and Paulo Se´rgio Pinheiro part vi. conclusion Conclusion 457 Bibliography 471 Index 517 © in this web service Cambridge University Press www.cambridge.org Cambridge University Press 978-1-107-04007-6 - The United Nations Security Council in the Age of Human Rights Edited by Jared Genser and Bruno Stagno Ugarte Frontmatter More information About the Editors Jared Genser is managing director of Perseus Strategies, a law and consulting firm that focuses on human rights, humanitarian, and corporate social responsibility projects. He is also Founder of Freedom Now, an independent nongovernmental organization that works to free prisoners of conscience worldwide. Previously, Genser was a partner in the government affairs practice of DLA Piper LLP and a management consultant with McKinsey & Company. He has taught semester-long seminars about the UN Security Council at Georgetown University Law Center and the University of Michigan and University of Pennsylvania law schools. His pro bono clients have included former Czech Republic president Va´clav Havel and Nobel Peace Prize Laureates Aung San Suu Kyi, Liu Xiaobo, Desmond M. Tutu, and Elie Wiesel. Genser holds a BS from Cornell University, an MPP from Harvard’s John F. Kennedy School of Government, and a JD cum laude from the University of Michigan Law School. He is the author of The UN Working Group on Arbitrary Detention: Commentary and Guide to Practice (2015) and coeditor of The Responsibility to Protect: The Promise of Stopping Mass Atrocities in Our Times (2011). He is a recipient of the American Bar Association’s International Human Rights Award and the Charles Bronfman Prize. He is also a member of the Council on Foreign Relations. Bruno Stagno Ugarte is Executive Director of the Security Council Report (SCR), an independent nongovernmental organization based in New York focused on providing high-quality information about the activities of the United Nations Security Council and its subordinate bodies and training for incoming Council members. Stagno Ugarte recently concluded a sixteen-year career in the Foreign Service of Costa Rica, including a four-year term as Foreign Minister (2006–2010). Previously, he served as Ambassador and Permanent Representative to the United Nations (2002–2006), Chief of Staff of the Foreign Ministry (1998–2000), Adviser to the Foreign Minister (1998), and Minister Counselor and Consul General in the Embassy in Paris (1994–1998). Stagno Ugarte has also served as President of vii © in this web service Cambridge University Press www.cambridge.org Cambridge University Press 978-1-107-04007-6 - The United Nations Security Council in the Age of Human Rights Edited by Jared Genser and Bruno Stagno Ugarte Frontmatter More information viii About the Editors the Assembly of States Parties of the International Criminal Court (2005–2008), Co-President of the Comprehensive Test Ban Treaty Conferences (2007–2009), Co-President of the UN 2005 Summit Outcome Document (2005), and Vice President of the UN Commission of Sustainable Development (2002–2004).