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Abstract

Why do Southeast Asian states use regional mechanisms for disaster relief? From a conventional functionalist perspective, inadequate domestic-level responses to emergencies create a demand for scaled-up governance. This article offers an alternative interpretation of disaster cooperation in Southeast Asia. Drawing on theoretical insights from comparative regionalism and critical disaster studies, it argues that the raison d’être of the Association of Southeast Asian Nations (ASEAN) Coordinating Centre for Humanitarian Assistance on Disaster Management (AHA Centre) is to empower ASEAN states vis-à-vis extraregional humanitarian actors. The AHA Centre works to enable Member States to gatekeep intrusive extraregional aid and, ultimately, to transform authority relations in the international humanitarian system in favor of state actors that have traditionally found themselves in a peripheral and passive role.

Open Access
In: Global Governance: A Review of Multilateralism and International Organizations

Abstract

Credibility has been used to explain theories of deterrence and cooperation in international relations. In the peacekeeping environment, for what purposes should credibility be built and how can it be signaled? Despite being listed by the UN as a success factor in peace operations, our understanding of credibility in peacekeeping remains limited and focused on deterrence. This article argues that credibility in peace operations must be built for both deterrence and cooperation purposes. Drawing on the international relations, civil war, and peacekeeping literatures, it conceptualizes credibility in peacekeeping by identifying the purposes for which credibility must be built and signaled: deterrence and cooperativeness. It contends that while a peace operation’s ability to deter is limited, signaling cooperativeness - credibility in cooperation—enables a force to cultivate cooperation with national and subnational audiences. This helps to create a more predictable security environment by enabling the force to function on a daily basis.

Open Access
In: Global Governance: A Review of Multilateralism and International Organizations
Author:

Abstract

This article considers what the responsibility to protect populations from atrocity crimes (R2P) requires States to do in Ukraine. It begins by considering how the R2P’s ‘three-pillar’ implementation strategy is to be understood in relation to a situation in which atrocities are being perpetrated not by a State against its own population but by an aggressor State; and then considers the parallels between what is required of States by the political commitment to the R2P, and what is required by the legal obligations to prevent genocide and to cooperate to end serious breaches of peremptory norms. The second part of the article then considers a series of options that may be pursued by States in fulfilment of their R2P and corresponding legal obligations, from options falling short of military intervention (including legal proceedings, economic and diplomatic sanctions and military assistance) through to the possibilities of unilateral military intervention and UN peacekeeping.

Open Access
In: Journal of International Peacekeeping
Author:

Abstract

When and why do state responses to crises such as the covid-19 pandemic embody hypermasculinity? How does state hypermasculinity contribute to mortality during a pandemic? This article examines state hypermasculinity as a main atrocity risk factor and as a root cause of preventable deaths arising from failures in pandemic response. It focuses on the case of the Philippines under the leadership of President Rodrigo Duterte to build on feminist scholarship examining gender, crises, and the rise of ‘strongman’ leaders globally. It argues that a state’s predisposition for violence and atrocity crimes renders disease outbreaks more deadly. Significant loss of life and livelihoods during the pandemic are logical outcomes of state structures and responses that combine militarised security, paternalism, and domination of feminised ‘others’. Crucially, the implications of state hypermasculinity extend beyond pandemics as it is clearly emerging as a vector for compounded human insecurities at a time of multiple and overlapping crises.

Open Access
In: Global Responsibility to Protect
In: The Law & Practice of International Courts and Tribunals

Abstract

Since the International Criminal Court commenced its work, much has been made of the institution-building role of successive ICC Prosecutors as central to the Court’s legal framework and as ambassadors for the “fight against impunity”. Much less has been said about the role of the ICC Presidency, as the Court’s smallest organ, and its successive Presidents. Yet the Presidency operates at the apex of the Court as an international organisation, manages relations with states, coordinates internal governance issues, and acts as the “public face” of the Court globally, not to mention its judicial functions. The ICC Presidency and its first three Presidents have been particularly influential in shaping the ICC into an institution prioritising the values of efficiency and effectiveness, with deeply political and distributive implications. This article traces those influences, from the Presidency of Philipp Kirsch, until the end of the third Presidency under the leadership of Silvia Fernández de Gurmendi in March 2018.

Open Access
In: The Law & Practice of International Courts and Tribunals

Abstract

International dispute resolution not only aims to redress wrongdoings, but also to deter states from violating obligations. Approaching the International Health Regulations (ihr) from this viewpoint and using recent global health crises as examples, this paper argues that dispute resolution must be strengthened in the ihr in order to protect global health security. While a diverse range of dispute resolution mechanisms exist in other legal regimes, this paper proposes that a three-pronged architecture consisting of a guidance mechanism, formal adjudicative mechanism, and recourse to the icj and binding arbitration would provide for the most efficient and timely response to a dispute between states parties. Importantly, this architecture can be used both prior to and during a global health crisis, and could incentivize states parties towards solidarity in the global public health response.

Open Access
In: International Organizations Law Review
Author:

Abstract

This piece examines the place of the use of force in R2P. It shows that a sceptical view about the use of force to protect populations, a view guided by the seemingly ‘endless wars’ of the global ‘war on terror’ and the troubled legacy of intervention in Libya, has become predominant. The principle’s earliest advocates went to considerable lengths to distinguish it from the bad old days of ‘humanitarian intervention’ in part to assuage fears and in part to burnish R2P’s apparent novelty. However, experience shows that in the face of determined perpetrators force, with all the problems that entails, sometimes is necessary to protect from populations. This piece suggests the need to bring the use of force back in to debates about implementing R2P

Open Access
In: Global Responsibility to Protect