Author: Eşref Aksu

This study explores the normative dimension of the evolving role of the United Nations in peace and security and, ultimately, in governance. What is dealt with here is both the UN's changing raison d'être and the wider normative context within which the organisation is located. The study looks at the UN through the window of one of its most contentious, yet least understood, practices: active involvement in intra-state conflicts as epitomised by UN peacekeeping. Drawing on the conceptual tools provided by the ‘historical structural’ approach, it seeks to understand how and why the international community continuously reinterprets or redefines the UN's role with regard to such conflicts. The study concentrates on intra-state ‘peacekeeping environments’, and examines what changes, if any, have occurred to the normative basis of UN peacekeeping in intra-state conflicts from the early 1960s to the early 1990s. One of the original aspects of the study is its analytical framework, where the conceptualisation of ‘normative basis’ revolves around objectives, functions and authority, and is closely connected with the institutionalised values in the UN Charter such as state sovereignty, human rights and socio-economic development.

José Luís Fiori

‘imperialist age’ (1840–1914), this number increased due to the independence of American states, and at the end of the Second World War the UN Charter was signed by 50 independent states. It was in the second half of the twentieth century that the inter-state system expanded more rapidly. Today there are almost 200 sovereign states with a seat at the UN. Decolonisation and the independence of African and Asian states contributed to this expansion. And of particular importance was China’s transformation of its ancient civilisation and empire into a nation

Journal of Humanitarian Affairs
Paul Latawski and Martin A. Smith

concluded with the threat of airstrikes in the background. An especially commonly cited argument was that NATO was acting ‘in the spirit’ of the UN Charter in attempting to compel the Milosevic government to cease and desist its repressive activities in Kosovo. The then NATO Secretary-General, Javier Solana, encapsulated this argument at his first press conference after Operation Allied Force got underway

in The Kosovo crisis and the evolution of post-Cold War European security
Heikki Patomäki

The Agenda for Democratisation emphasises that although ‘interrupted by the Cold War’, democratisation in accordance with the spirit of the UN Charter is also about ‘the project of democratic international organisations.’ 18 ‘A supportive international environment for democracy’ requires, in the post-Cold War situation and the context of globalisation

in Mapping European security after Kosovo
Open Access (free)
Virtuousness, virtuality and virtuosity in NATO’s representation of the Kosovo campaign
Andreas Behnke

Charter, or it becomes, as authorised by the UN Security Council, an execution, sanction, or enforcement of international law. 12 War as a duel between states has been replaced by a discriminatory concept in which the warring state becomes a ‘criminal’ or rogue state. Although the UN Charter constitutes a major modification of the law of war, the Western imagination goes much

in Mapping European security after Kosovo
Legality and legitimacy
Dominic McGoldrick

. Half a century later the light (or shadow) of Nuremberg lay on the paths to the two ad hoc tribunals for Yugoslavia and Rwanda, and to the International Criminal Court.50 Nuremberg also played a crucial role in the development of international human rights law. Holding individuals responsible for violations of international law ‘duties’ necessarily involved regarding those individuals as subjects of international law. The atrocities committed by the Nazis were partly responsible for the notion of international human ‘rights’ as expressed in the UN Charter (1945), the

in Domestic and international trials, 1700–2000
Alexis Heraclides and Ada Dialla

ones. The first question concerns the legality–legitimacy spectrum. Is legality through UN authorization indispensable? Is non-authorized intervention by definition illegal or is it perhaps legal given an alternative reading of the UN Charter? 37 Can intervention be condoned if it appears legitimate even though it is technically illegal, as the Independent International Commission on Kosovo concluded in its detailed report? 38 Another tack is the

in Humanitarian intervention in the long nineteenth century
Alexis Heraclides and Ada Dialla

humanitarian purposes in certain exceptional cases, thereby bypassing the cardinal norm of non-intervention (see table 4.1 ). According to Wilhelm Grewe’s assessment, in the nineteenth century ‘the principle of humanitarian intervention increasingly absorbed all other grounds of intervention (with the exception of contractual permission and self-help)’. 12 This tendency in law and practice is striking, for, prior to the UN Charter and the international law of

in Humanitarian intervention in the long nineteenth century
Eşref Aksu

normative basis of UN peacekeeping in intra-state conflicts has evolved unevenly but appreciably in terms of both objectives and authority, with the shift in the pattern of prescribed functions emerging as one important indicator of this change. Objectives were conceptualised here with reference to four key principles enshrined in the UN Charter, namely peace and security, state

in The United Nations, intra-state peacekeeping and normative change
Open Access (free)
Paul Latawski and Martin A. Smith

demonstrated by the key role that NATO members have conceded to the UN in overseeing the post-conflict reconstruction of Kosovo. What was confirmed by the Kosovo crisis is that the UN Charter and the security role that derives from it makes the UN an international body that is optimised for dealing with inter-state conflict better than the intra-state kind. The long-term impact of the Kosovo crisis on debates about

in The Kosovo crisis and the evolution of post-Cold War European security