ConflictBarometer_2015

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MEASURES OF CONFLICT RESOLUTION dition, a full ban on investment was in place since December 2014, along with a prohibition to supply tourism services in Crimea. Exports of further key goods for certain sectors were also banned, including equipment for the prospection, exploration, and production of oil, gas, and mineral resources. Following UN resolution 2231 of the UNSC, UN member states lifted several sanctions on Iran on January 16. In the pursuit of the implementation of the non-proliferation of nuclear weapons, Iran and the ''E3/EU+3'' (France, UK, Germany, EU, USA, Russia, and China) adopted the Joint Comprehensive Plan of Action (JCPOA) on July 14. (ska, ela) Overview: Current UN Missions led or supported by DPKO Mission Acronym Name of Mission Start Country Europe UNFICYP United Nations Peacekeeping Force in Cyprus 1964 Cyprus UNMIK United Nations Interim Administration Mission in Kosovo 1999 Serbia Sub-Saharan Africa MONUSCO United Nations Organization Stabilization Mission in the Democratic Republic of the Congo 2010 DR Congo UNOCI United Nations Operation in Côte d'Ivoire 2004 C'Ivoire UNMIL United Nations Mission in Liberia 2003 Liberia MINUSMA United Nations Multidimensional Integrated Stabilization Mission in Mali 2013 Mali UNMISS United Nations Mission in the Republic of South Sudan 2011 South Sudan UNAMID African Union/United Nations Hybrid operation in Darfur 2007 Sudan UNISFA United Nations Interim Security Force for Abyei 2011 Sudan MINUSCA The Americas United Nations Multidimensional Integrated Stabilization Mission in the Central African Republic MINUSTAH United Nations Stabilization Mission in Haiti 2004 Haiti Asia and Oceania UNMOGIP United Nations Military Observer Group in India and Pakistan 1949 India, Pakistan The Middle East and Maghreb UNIFIL United Nations Interim Force in Lebanon 1978 Lebanon MINURSO United Nations Mission for the Referendum in Western Sahara 1991 Morocco UNTSO United Nations Truce Supervision Organization 1948 Middle East UNDOF United Nations Disengagement Observer Force 1974 Syria 2014 24
MEASURES OF CONFLICT RESOLUTION AUTHORITATIVE DECISIONS BY THE ICJ The year <strong>2015</strong> has seen the International Court of Justice (ICJ) make four judgements and nine court orders. While no new cases were introduced to the Court in <strong>2015</strong>, three existing cases were concluded. CROATIA v. SERBIA On February 3, the ICJ delivered its judgment in the case concerning ''Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Croatia v. Serbia), rejecting both Croatia's claim and Serbia's counter-claim over alleged violations of the Genocide Convention, committed during the armed conflict from 1991 until 1995. The application was filed by the Government of the Republic of Croatia against the Federal Republic of Yugoslavia on 07/02/99, and invoked ''Article IX of the Genocide Convention as the jurisdictional basis of the Court." Following February 2003, when the FRY notified the Court that its name had changed to ''Serbia and Montenegro," and Mon-tenegro's subsequent declaration of independence in 2006, Serbia remained the sole respondent in the case. Serbia's counter-claim was filed on 01/04/10. Public hearings on the merits of both, Croatia's claim and Serbia's counter-claim, were held in 2014. In its final judgement on February 3 the Court underlined the sovereignty of both States after having emerged from the break-up of the Socialist Federal Republic of Yugoslavia. It further recalled that, shortly after Croatia's declaration of independence on 06/25/91, an armed conflict broke out between Croatia's armed forces, the so-called Serb forces created by parts of the Serb minority within Croatia, as well as several anti-independence paramilitary groups and, from September 1991 onwards, the Yugoslav National Army (JNA). Croatia claimed that genocide had been committed from late 1991 until 1995, when Serb forces and the JNA controlled approximately one-third of Croatian territory within its boundaries of the SFRY. Following a sequence of military operations in the spring and summer of 1995, Croatia regained control over the greater part of the previously lost territory leading up to Operation Storm in August 1995, during which the genocidal acts asserted by Serbia's counterclaim allegedly took place. Croatia had argued that certain attacks were not simply directed against an opposing military force, but ''against the civil population and subsequently that the aim and intent of these attacks was the destruction of ethnic Croats in the region." While the Court found that acts perpetrated by the JNA and Serb forces against ethnic Croats constituted the actus reus of genocide ''within the meaning of Article II (a) and (b) of the 1948 Genocide Convention, the acts that would fall under Article II (c) and (d) could not be sufficiently established under the same parameters." Furthermore, the Court concluded that the crucial ''mental element of intent to destroy an ethnic group, the dolus specialis of genocide, had not been established." In fact, the ICJ found that the aim toward the group in question was one of forceful displace-ment, not of destruction, and so dismissed Croatia's claim in its entirety. Serbia's counter-claim accused Croatia of committing genocide during and after Operation Storm in 1995. One crucial piece of evidence here was the transcript of a meeting held between Franjo Tudjman, then President of the Republic of Croatia, and the country's military leaders on the island of Brioni in order to prepare Operation Storm. Serbia had argued that this transcript was proof of the aim of the alleged genocide acts perpetrated during Operation Storm. However, the Court found that the existence of an intent to destroy, in whole or in part, the national or ethnic Serbs in Croatia had not been sufficiently demonstrated and hence the inten-tional element of genocide, the dolus specialis, was lacking. While certain acts committed by the forces of the Republic of Croatia fell within the definition of Article II (a) and (b), and constituted the actus reus of genocide, they were not of sufficient gravity to demonstrate reasonable existence of genocidal intent. The ICJ found that neither genocide, nor other violations of the Genocide Convention had been proven, and rejected Serbia's counter-claim in its entirety. Both governments accepted the judgement. While the outcome of this ruling was widely expected, it took the Court 16 years to decide that neither state had a claim against the other. This, and the financial expense of the proceeding had, yet again, made some critics question the significance and efficiency of the ICJ. Others however, have pointed out that this case highlighted the inherent difficulty in legally applying the Genocide Convention. This being primarily due to its narrow definition of genocide; demanding proof of definitive intent to destroy, in whole or in part, a national, ethnical, racial or religious group. TIMOR-LESTE v. AUSTRALIA The case concerning ''Questions relating to the Seizure and Detention of Certain Documents and Data (Timor-Leste v. Australia)" was brought before the ICJ by the Democratic Republic of Timor-Leste against the Commonwealth of Australia [→ Timor-Leste – Australia]. This occurred amid strained relations between the two states over a spy scandal result-ing in Timor-Leste contesting the validity of the ''Treaty on Certain Maritime arrangements in the Timor Sea regulating the joint exploration and utilisation of gas and oil deposits in the Timor Sea" estimated to be worth USD 40 billion at the Permanent Court of Arbitration on 12/03/13. On 12/17/13 Timor-Leste instituted proceedings against Australia at the ICJ, contending that on 12/03/13 agents of the Australian Security Intelligence Organisation, ''allegedly acting under a warrant issued by the Attorney-General of Australia, seized documents and electronic data," inter alia, from the office of a legal adviser to Timor-Leste in the Australian capital Canberra in order to gain intelligence of the applicant's strategy and negotiation positions. The documents in question contained correspondence between the government of Timor-Leste and its legal advisers, relating to the pending ''Arbitration under the Timor Sea Treaty of 20 May 2002" between the two states. Timor-Leste contended that Australia, through seizure and detention of these documents and data, had violated its sovereignty and state property under international law, further requesting that Australia should issue a formal apology and immediately return the documents and data, as well as any copies of the material. On 03/03/14, the Court ordered Australia not to use the seized materials to the disadvantage of Timor-Leste until the case has been concluded and to keep the seized documents under seal. Furthermore, Australia was ordered not to interfere in any way in communications between Timor-Leste and its legal advisers in relation to the pending ''Arbitration under the Timor Sea Treaty of 20 May 2002" between the two States or with ''any future bilateral negotiations concerning maritime delimitation. 25
Page 1 and 2: 2015 disputes non-violent crises vi
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Page 5 and 6: AUTHORS AND EDITORIAL BOARD EUROPE
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SUB-SAHARAN AFRICA to withdraw from
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SUB-SAHARAN AFRICA and 16 months, r
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SUB-SAHARAN AFRICA latter signed th
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SUB-SAHARAN AFRICA recurring attack
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NIGERIA, CAMEROON, CHAD, NIGER (BOK
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SUB-SAHARAN AFRICA the constitution
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SUB-SAHARAN AFRICA Farah Aden, form
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SUB-SAHARAN AFRICA March 8. On Marc
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SUB-SAHARAN AFRICA claimed to have
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SUB-SAHARAN AFRICA killed 16 people
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SUB-SAHARAN AFRICA to sign a compre
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SUB-SAHARAN AFRICA Renewal had been
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VIOLENT CONFLICTS IN THE AMERICAS I
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THE AMERICAS In various countries,
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THE AMERICAS Name of conflict 1 Con
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THE AMERICAS CHILE (MAPUCHE / ARAUC
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THE AMERICAS incident an ''act of d
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THE AMERICAS November 3, the air fo
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THE AMERICAS department, who had ca
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THE AMERICAS fices were carried out
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THE AMERICAS Zetas, in San Pedro Ga
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THE AMERICAS gion of the Northern A
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THE AMERICAS gion. In a military op
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THE AMERICAS Maduro accused paramil
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VIOLENT CONFLICTS IN ASIA AND OCEAN
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ASIA AND OCEANIA central government
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ASIA AND OCEANIA Name of conflict 1
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ASIA AND OCEANIA Minister Sheikh Ha
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ASIA AND OCEANIA CHINA (SOCIOECONOM
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ASIA AND OCEANIA Committees in Sers
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ASIA AND OCEANIA South China Sea in
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ASIA AND OCEANIA United Liberation
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ASIA AND OCEANIA with the governmen
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ASIA AND OCEANIA until 01/09/16. Th
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ASIA AND OCEANIA nation. The ROC go
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ASIA AND OCEANIA Additionally, Thol
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ASIA AND OCEANIA Group sent a speec
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PAKISTAN (ISLAMIST MILITANT GROUPS)
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ASIA AND OCEANIA Public School in P
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ASIA AND OCEANIA over the mine's re
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ASIA AND OCEANIA use of automatic g
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ASIA AND OCEANIA The conflict betwe
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VIOLENT CONFLICTS IN THE MIDDLE EAS
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MIDDLE EAST AND MAGHREB ALGERIA (MA
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MIDDLE EAST AND MAGHREB On November
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MIDDLE EAST AND MAGHREB state betwe
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MIDDLE EAST AND MAGHREB obstruct th
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MIDDLE EAST AND MAGHREB Syria. In t
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MIDDLE EAST AND MAGHREB In February
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MIDDLE EAST AND MAGHREB September,
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MIDDLE EAST AND MAGHREB Army (LNA),
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July - September October - December
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MIDDLE EAST AND MAGHREB of whom was
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MIDDLE EAST AND MAGHREB flights to
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MIDDLE EAST AND MAGHREB Al-Houthi m
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YEMEN, SAUDI ARABIA (AL-HOUTHI) Jan
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IMPRINT ADVISORY BOARD Dr. Nadine A
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Heidelberg Institute for Internatio
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