International Law and National Security - Case Study Example

International Law and National Security Introduction International law constitutes a detailed legislative framework for universal application that emphasizes peaceful coexistence of states and international organizations, different groups of people and multinational companies. A state refers to a well-defined geographical boundary with a permanent population, a system of government with the ability to form treaties with other nations and international organizations. Statement: Efficacy of international law in trans-border dispute resolution International law has been used as a global peace instrument in dispute zones and has proven to be effective in arbitration and dispute prevention process. Numerous challenges emanating from human rights violation allegations has raised concern about the reliability of the peacekeeping machinery in dispute hotbeds. Argument: Realism is the most useful theory when dealing with cases of international security: The case of nuclear proliferation in Asia Realism is predominantly the most useful theory especially when dealing with cases of international security. Realism, also called the complex independence, is enacted in regions where aggression by extremists is inevitable especially when nuclear issues are involved. Some of such cases include France selling reprocessing plant to Pakistan or the event of nuclear proliferation in Asia (Inavov, 2011, p.32). Some other cases require policy reforms as was the case of plutonium reprocessing in the U.S where common idea was assimilated across groups that believed plutonium was the key to a sustainable future. The action bred transnational alliances among different departments in the U.S against the mainstream political fabric. The state of affairs did not conform to the theory of pure realist model (Lessaffer, 2012, p.27). Case Study of Realism Policy in Asia Can realism policy replace complex dependency approach? A complex dependency model has a different approach: emphasis is focused on different players and not necessarily between states, giving priority to various issues depending on complexity and use of force is also eliminated. Force is used as an instrument of achieving peace. The theory does not apply in a complex dependency model where transnational characters move across borders and form coalitions that do not have a national definition (Hassler, 2013, p.37). Realist policy proves useful when dealing with policy issues in Asia due to the massive power balance set by the Chinese economic powerhouse and the other two dominant economic powerhouses in Asia: America and Japan. The theory affirms that it is better to be part of the two powers than have the one: equilibrium had to be attained by preventing coalitions between two nations that would sideline the remaining economic powerhouse (Ryngaert, 2008, p.16). America had to avoid being played off against Japan by China. Theory remains paramount in subject analysis as explained in the case study above, even when it cannot be validated, and therefore, certifies positive theorem such as the universality of human rights. Majority of international relations theories depend on observable evidence to substantiate its reasons. Despite a peaceful coexistence of the numerous international relations theory, disagreement proves to be unavoidable. Problem-solving methods have a direct approach as it addresses the situation it is without specialized approach and considerations. Critical theories take a more defined approach to addressing prevailing social and political conditions. There exist a rift between formal mathematical theory and verbal theory. Analytical Method Constructive reasoning is triggered when mathematical arguments are used to design mathematical principles. Verbal modeling is a more useful tool that can be used to enhance further theological understanding of the theories. These prove that there exist huge incompatibility in the theories and therefore using postmodernism and liberalism approaches might provide some flexibility in the models (Innov, 2011, p.42). The United Nations Security Council Introduction Formed in 1945, the United Nations currently boasts a staggering membership of 193 countries. It replaced the League of Nations after the Second World War. The organization is committed to fostering positive international relations and promoting development and human rights. The organization, through its Charter, can arbitrate in most national and international cases in order to bring harmony in the society. The U.N duties encompass a myriad of fundamental issues that touches across all strata of life. The United Nations Security Council forms one of the strongest divisions in the U.N entrusted with maintaining peace and security. All the members agree to observe all the legislation in the charter. Peacekeepers are dispatched whenever humanitarian crisis is imminent. The team includes representatives from all the states. The Security Council consists of fifteen members who in the event of a situation concerning threat, first respond by sending a team of arbitrators to the conflict area. The council may also send special troops in these areas to avert humanitarian crisis (Sitkowski, 2006, p.32). The Security Council consists of four major councils each with a specialized role. The Counter-Terrorism and Non-Proliferation Committees mostly deals with the mass movement of armament as well as monitoring proliferation of arms (Ryngaert, 2008, p.42). The Security Council played a center role especially during the cold war when there was massive stockpiling of nuclear warheads. The council has succeeded in reducing armament across the nations mostly after the cold war. The unit has also specialized in terrorism alert, monitoring and reduction of the world. It has deployed advanced surveillance and combat systems that currently assists in fighting terrorism (Lessaffer, 2012, p.39). Statement: International influence of the Security Council The military staff committee designs the necessary security measures that should be implemented in areas with crisis. It also collaborates with the Non-proliferation committee to monitor and regulate armament in the world. The Sanctions Committee was designed to mount pressure on States in order to compel them to adhere to the Security Council objectives without military action. The measure is only applied when peace is threatened, and diplomatic measures have collapsed. The Standing Committees and the ad-hoc Committee work together on other administrative matters like admission of new members. Argument: Intricacies in deployment of unilateral action in NATO block Peacekeeping mission involves mobilization of all security apparatus to achieve security. Modern peacekeeping missions not only seek to restore peace and order in the affected countries but also perform disarmament operations, civilian protection and facilitate a smooth political process (Hassler, 2013, p.55). The council has been mandated with forming international tribunal courts specializing in trying serious crimes on humanity as was the case in Rwanda Genocide. Case Study of Kosovo The essence of the rule of law in and Resolution 1244 in Kosovo The military action by NATO power in 1999 resulted in the expulsion of Serbian forces from Kosovo. NATO action alongside Kosovo Resolution was not done in consultation with the U.N. Security Council. The decision puts Kosovo under international jurisdiction. The most achievable aspect of the resolution is conflict reduction in Kosovo and devolution of responsibilities to the municipalities. The external political pressure created an enabling environment that ensured a healthy relationship in the multi-ethnic society. Most individuals who fled due to insecurity have since declined to come back and participate in the administration at the local government level. Independence was ultimately achieved in 2008 after the Kosovo-Albanian leadership had a consensus (Rynning, 2012, p.13). The rule of law in the territorial boundary has not been defined yet and, therefore, the state still relies on the Resolution 1244 that has not been revised since adoption. The troops deployed in Kosovo were committed to fulfilling the objectives of the U.N and did not report to U.N. Security Council since the resources used was supplied by the mother countries and not the U.N. Influence of case study analysis The adoption of Resolution 1244 has significantly paralyzed the influence of U.N. Security Council in Kosovo due to external interference by the P5 over Kosovo. The urge to address new developments led to directives emanating from international interests rather than from the Security Council. The council had to tread cautiously in Kosovo’s security matters to avoid crossing the red line between the external factions. The main weakness emanating from Resolution 1244 was the failure to mention women, showing lack of commitment in setting gender balance in political restructuring of Kosovo. Although a score of women were listed in mainstream politics, most of them did not make it to the echelons of political positions which set a major blow to the intended impact of the resolution (Rynning, 2012, p.21). The peacekeepers have been on multiple counts accused of violence against women and children during their operations in Kosovo. The allegations have sparked serious international debate over the reputation of U.N peacekeepers, and the involved states have taken the resolution seriously as a tool to end gender-based violence in Kosovo. North Atlantic Treaty Organization (NATO) Introduction NATO is an international coalition of twenty-eight North American and European countries tied by a common interest in achieving peace and stability in their areas of influence. The allies are bound by the principle of common defence that is well articulated in Article 5 of Washington Treaty. The treaty implies that aggression to any of the member states is an attack on all the other states, and therefore multilateral action will be considered. The only exceptional case where the treaty was invoked was the 9/11 terrorist attack where the United States acted unilaterally in the terrorist attack. However, with the changing global political landscape, NATO adopted a Strategic Concept in 2010 to meet the new security challenges. NATO’s operations have been channelled to assisting global security efforts as was seen in Afghanistan and Kosovo by leading the International Security Assistance Force (ISAF). Statement: Situation analysis and policy implementation in peace keeping The policies of NATO are founded by guiding principles that govern its operations. The treaty provides for members to solve their internal disputes without interference from NATO and will vigorously co-operate with the members to build strong relations. The members will help each others in both domestic and external security matters regardless of their sovereignty. Any attack on any member will be regarded as an aggression to NATO allies and therefore action will be taken by all member states (Webber, 2012, p.24). Argument: Cold War was entirely propagated by NATO radical actions NATO’s primary objective was to instil paranoia for Soviet Union during the Cold War. Its message was to warn Russia against attacking any country in Europe upon which America will act in favour of the affected country. The treaty observed strengthening economic stability in Europe and military advancement as well. The other aim was meant for mental stability in Europe after Second World War. NATO has received multiple criticisms from across the globe, with political analysts arguing that it was formed to terrorize Russia and propagate Cold War (Rynning, 2012, p.33). NATO was also viewed as a stumbling block to achieving global peace by catalysing arms race across the world. NATO was a strong dividing force that widened the gap between America and Russia and is blamed for encouraging misunderstanding between the superpowers. However, the alliance has boosted international counter-piracy efforts by deploying troops in the Horn of Africa, through Operation Ocean Shield. During Libyan revolution, NATO succeeded in its mission of protecting the civilians and enforced sanctions during the political situation period. The alliance provided crucial air and sealifts support to AU peacekeeping operations in Sudan and Somalia and provided several humanitarian relief support services across the world especially in hard-hit areas. NATO’s impact as a global security network spreads beyond Europe and has cooperated with several other counties in both military and political exchange (Rynning, 2012, p.41). NATO’s Strategic Concept was devised to guide its operations in the modern political landscape and its ties with its partners. It is structured to defend member states against current threats by employing modern technology to enhance safety of its citizens. The concept commits all the members to averting crisis by liaising with international organisations to swiftly resolve disputes and promote political stability. NATO’s influence will also expand to freeing the world of nuclear weapons by strengthening global nuclear ties with other partners. The goal also encourages compliance by new entrants so as to expand the influence of NATO beyond Europe and America to other parts of the world because global peace is a global responsibility. NATO commits to implementing reforms that will restructure its systems so as to promote efficiency in service delivery to its members. (Webber, 2012, p.43). NATO secretariat consists of thirty International Secretariat with the headquarters based in Brussels, Belgium. The International Secretariat duties are overseen by the Secretary General, NATO. The International Secretariat performs administrative responsibilities necessary for organising all the Assembly activities (Webber, 2012, p.53). It also acts as an active link that maintains healthy international relations between NATO and other international organisations. Case study of ISAF Mission in Afghanistan Is full bilateral action justified in counter-terrorism? NATO’s leading role in ISAF mission in Afghanistan in 2003 enabled the government employ measures that will eliminate terrorist activities in the country. They assisted in developing new security forces in the country that will effectively rid the country of the extremists. NATO’s objective was to ensure a smooth transition so that the Afghan forces assumed full mandate of running security affairs of the transitional government by 2013. The success of the mission saw the launching of mission Resolute Support in 2015 to provide advanced military support to the forces. ISAF faced a number of challenges mostly during the growing extremism in 2008 hence necessitated the need to deploy more troops to counteract the insurgency in the east and south of Afghanistan. ISAF alongside Afghan National Security Forces (ANSF) was instrumental in rebuilding the country by conducting security operations. The multinational force proved vital in improving the system of governance in Afghanistan by laying the foundations of strong political fabric for a sustainable future. References Hassler, S. (2013). Reforming the UN Security Council membership: The illusion of representativeness. New York, NY: Routledge. Ivanov, I. (2011). Transforming NATO: New allies, missions, and capabilities. Lanham, Md.: Lexington Books. Lesaffer, R. (2012). Peace treaties and the formation of international law. Oxford University Press. Ryngaert, C. (2008). Jurisdiction in international law. Oxford: Oxford University Press. Rynning, S. (2012). NATO in Afghanistan the liberal disconnect. Stanford, California: Stanford University Press. Sitkowski, A. (2006). UN peacekeeping myth and reality. Westport, Conn.: Praeger Security International. Webber, M., & Sperling, J. (2012). NATO's post-cold war trajectory: Decline or regeneration? Basingstoke, hampshire: Palgrave Macmillan. Read More