OBJECTIVES
As a person with knowledge of the United Nations Security Council Resolutions regarding the Lockerbie bombings adopted under Chapter VII of the UN Charter, the author has always brought up to his superiors the viability of strategy formation regarding the analysis of these topics and at times fail to understand the reasons or logic behind certain strategic implementations imposed on it.
By delving into this project paper, the author intends to have better insights into how the United Nations Security Council Resolutions regarding the Lockerbie bombings adopted under Chapter VII of the UN Charter are thought up, formulated and then imparted down. The author hopes to have an in-depth understanding as to how the United Nations Security Council Resolutions regarding the Lockerbie bombings adopted under Chapter VII of the UN Charter enable the families of the victims to achieve justice in this era of internationalization where justice is extremely hard to get.
In order to reinforce the learning objectives, two key focal issues were focused upon, i.e. innovation and diversity. Innovation was discussed with regard to the United Nations Security Council Resolutions regarding the Lockerbie bombings adopted under Chapter VII of the UN Charter where they were renowned for their developmental capabilities to constantly innovate. Diversity came under strategic thinking and formation as the author considered the diverse culture, political climate, economic surroundings, social environment, technological settings, government policies and legal systems in order to better understand the issues being discussed.
EXECUTIVE BRIEF
This essay utilized the International Court of Justice (ICJ) as the model institution to review its present roles and impacts and how it dealt with critical situations regarding the United Nations Security Council Resolutions in the Lockerbie bombings adopted under Chapter VII of the UN Charter. From the analysis, key trends in the United Nations Security Council Resolutions in the Lockerbie bombings were then identified, how they worked and their effectiveness in dealing with critical situations was ascertained. The paper then moved on to assess the ICJ with regard to its suitability to critical situations, during which the internal capabilities of the ICJ in relation to the strategy being followed by the United Nations Security Council was determined also. An overall analysis of the performance and effectiveness of ICJ was also conducted to assess and compare its capabilities and strategies with those of other judicial institutions. Gaps in the capabilities and roles of the ICJ were then identified.
Finally, several choices of strategies to improve the United Nations Security Council Resolutions in the Lockerbie bombings adopted under Chapter VII of the UN Charter as effective means in critical situations was recommended and evaluated in terms of appropriateness to the issues reviewed, feasibility in carrying out the options and acceptability within the key stakeholders and decision makers. Several key implementation issues related to managing strategic change were also addressed as well.
INTRODUCTION
Important changes in the understanding of the United Nations Security Council Resolutions regarding the Lockerbie bombings adopted under Chapter VII of the UN Charter have been developed in the past 10 to 15 years. Various researchers, practitioners and policymakers now acknowledge that the revisions ICJ can make on these UN resolutions can be conceptualized from a functional perspective and that appropriate interventions involve the development of alternative measures to cope up.
Countries today have to be efficient, flexible and profitable. Without these factors, it would be very difficult to compete in the global economy. Aside from participating in strategic alliances to fully enhance the resources they need to become competitive, many countries now evolve and expand through developmental transactions with other countries. It is through the United Nations (UN) that the efficient and effective implementation of the policies and tasks necessary for progress is made possible. The UN focuses on the careful management of the processes involved in the gradual adjustment of the developing country and its workforce.
The International Court of Justice (ICJ) is referred to as the judicial component of the United Nations which has achieved a significant importance for its prowess and capability for providing justice, settling disputes and control. Going back in history, the International Court of Justice (ICJ) became existent in 1945 through the Charter of the United Nations. And together with this existence was also the start of the booming number of cases and Security Resolutions handled by ICJ.
More often than not, the ICJ really makes an immediate impact on every civilized society. Furthermore, it engages in activities that gradually propels it towards a high level of importance. These activities include crime investigations, gathering of evidences and identification of suspects, leading the way for justice to be served.
However, the role that the ICJ plays is not limited to crime prevention and serving justice per se. Activities such as educating the public and other social responsibilities are often related with the ICJ. A great deal of emphasis lies on the efficiency and effectiveness of these roles. Therefore, understanding the ICJ includes the analysis and management of its significant roles.
It is interesting to know the basic innate characteristics of the judicial members of the ICJ which contribute towards the development of their effective image.
· Mental Stability
Mental stability is crucial especially in the pursuit of the correct decision regarding the provision of justice to the public as well as the management and development of the processes accompanying it. It is important for the judicial members of the ICJ to remain updated with the latest developments in society to be able to stay aware and knowledgeable in all issues.
· Performance and Credibility
The excellent performance of the roles of the judicial members of the ICJ comes as a result of well executed research management and development activities. The strong performance of its programs and outputs for the safety and security of the society could also be linked to the effective strategic planning and human resource mobilization. Thus, the ICJ’s credibility increases as its performance becomes better.
· Planning and Strategy Formation Capabilities
Planning and strategy formation nowadays has created the need for the judicial members of the ICJ to become aggressive especially in the area of making themselves known to the society. This is because their strong performance in settling disputes and serving justice is critical for their continued existence.
· Decision-making abilities.
Upon arriving at the correct decision or choice, the ICJ now gains confidence in its ability to make critical decisions or choices especially when its integrity and the safety of the public is on the line. Thus, the ICJ will now search for even more challenges and opportunities where it could further enhance its decision-making abilities regarding current safety and security issues.
· Holistic Mindset of Justice and Security Issues
Through the exposure to various puzzling justice and security issues, the ICJ along the process is able to develop a holistic mindset regarding the issues surrounding it. The ICJ now becomes a keen observer of the truths and lies surrounding the justice and security issues being tackled, instead of relying on mere hearsays. The continuous pursuit of the truth behind the puzzling justice and security issues enables the ICJ to consistently practice and enhance a healthy and holistic mindset which makes it difficult for detractors to give influence. Because of this holistic approach, the ICJ is able to effectively select the right choice and continue to maximize this potential for future use.
United Nations Security Council Resolutions regarding the Lockerbie bombings adopted under Chapter VII of the UN Charter
AUTHOR:
United Nations Security Council
TITLE:
Resolution 731 (1992)
SOURCE:
United Nations Security Council, January 21, 1992
Determined to eliminate international terrorism,
1. Condemns the destruction of Pan Am flight 103 and UTA flight 772 and the resultant loss of hundreds of lives;
2. Strongly deplores the fact that the Libyan Government has not yet responded effectively to the above requests to cooperate fully in establishing responsibility for the terrorist acts referred to above against Pan Am flight 103 and UTA flight 772;
3. Urges the Libyan Government immediately to provide a full and effective response to those requests so as to contribute to the elimination of international terrorism;
4. Requests the Secretary-General to seek the cooperation of the Libyan Government to provide a full and effective response to those requests;
5. Urges all States individually and collectively to encourage the Libyan Government to respond fully and effectively to those requests;
6. Decides to remain seized of the matter.
AUTHOR:
United Nations Security Council
TITLE:
Resolution 748 (1992)
SOURCE:
United Nations Security Council, January 21, 1992
Acting under Chapter VII of the Charter of the United Nations,
1. Decides that the Libyan Government must now comply without any further delay with paragraph 3 of resolution 731 (1992) regarding the requests contained in documents S/23306, S/23308 and S/23309;
2. Decides also that the Libyan Government must commit itself definitively to cease all forms of terrorist action and all assistance to terrorist groups and that it must promptly, by concrete actions, demonstrate its renunciation of terrorism;
3. Decides that on 15 April 1992 all States shall adopt the measures set out below, which shall apply until the Security Council decides that the Libyan Government has complied with paragraphs 1 and 2 above:
4. Decides that all States shall deny permission to any aircraft to take off from, land in or overfly their territory if it is destined to land in or has taken off from the territory of Libya, unless the particular flight has been approved on grounds of significant humanitarian need by the Committee established by paragraph 9 below;
5. Decides further that all States shall prohibit any provision to Libya by their nationals or from their territory of arms and related material of all types, including the sale or transfer of weapons and ammunition, military vehicles and equipment, paramilitary police equipment and spare parts for the aforementioned, as well as the provision of any types of equipment, supplies and grants of licensing arrangements, for the manufacture or maintenance of the aforementioned;
AUTHOR:
United Nations Security Council
TITLE:
Resolution 883 (1993)
SOURCE:
United Nations Security Council, November 11, 1993
Acting under Chapter VII of the Charter,
1. Demands once again that the Libyan Government comply without any further delay with resolutions 731 (1992) and 748 (1992);
2. Decides, in order to secure compliance by the Libyan Government with the decisions of the Council, to take the following measures, which shall come into force at 00.01 EST on 1 December 1993 unless the Secretary-General has reported to the Council in the terms set out in paragraph 16 below;
3. Decides that all States in which there are funds or other financial resources (including funds derived or generated from property) owned or controlled, directly or indirectly;
4. Further decides that the measures imposed by paragraph 3 above do not apply to funds or other financial resources derived from the sale or supply of any petroleum or petroleum products, including natural gas and natural gas products, or agricultural products or commodities, originating in Libya and exported there from after the time specified in paragraph 2 above, provided that any such funds are paid into separate bank accounts exclusively for these funds;
5. Decides that all States shall prohibit any provision to Libya by their nationals or from their territory of the items listed in the annex to this resolution, as well as the provision of any types of equipment, supplies and grants of licensing arrangements for the manufacture or maintenance of such items.
DISCUSSION
“Can the ICJ review the United Nations Security Council Resolutions adopted under Chapter VII of the UN Charter?”
After the disastrous downfall of Pan Am Flight 103 over Lockerbie, Scotland in December, 1988, we again are in the midst of another dilemma of facing the legal complications surrounding the extradition and prosecution of alleged international culprits of the bombing. As the world knows, United Nations Security Council actions related to the Lockerbie bombings has resulted into the occurrence of misunderstanding between the Security Council and the International Court of Justice (ICJ). This misunderstanding between the ICJ and the UN Security Council, on the other hand, was a result of Libya’s continued challenging of the legitimacy and interpretation of the articles of the Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation, or the Montreal Convention of 1971.
Going back to past events, Libya’s continued protests and challenges were always denied in the Montreal Convention’s legal policy for the punishment of terrorists, as well as for the authority given to the ICJ in to settle differences between member nations regarding the interpretation of the Montreal Convention. The Security Council, as usual, simply made its move in accordance with the Chapter VII of the UN Charter, while on the other hand, Libya filed its cases with the ICJ to settle its differences with the UK and the US.
Upon the recommendations of the UK and the US, Resolution 731 was passed in 1992 which limited Libya’s power to challenge these countries because it made the ICJ the supreme authority over the course of the legal proceedings, and any malicious actions by Libya will be sanctioned by the UN Security Council.
After that horrible Lockerbie disaster, one of the first actions of the UN was to bring into court for trial in a neutral state the Libyan suspects for the bombing. After the extradition was secured, the UN Security Council passed Resolutions 731, 748, 883 and 1192 in 1998, centralizing its focus on the prosecution of Libya while effectively disregarding the possibility of prosecuting other countries. That could have had an influence or role on the Lockerbie bombing.
For our information, there is a significant difference between the legal policies passed by the UN Security Council as measures for countering terrorism and its implementation of legal actions to counter acts of terrorism, such as the Lockerbie bombing. What we can decipher from knowing this difference is the manner in which the UN Security Council collectively decides in cases of terrorism. Because of the UN Security Council Resolutions 731 and 748 as mentioned awhile ago, Libya’s continued challenges regarding the legality of the extradition processes were put out in an instant. Therefore, no ICJ trial was able to get scheduled, even as the UN Security Council passed Resolutions 883 and 1192 which fortified the UN’s contention to permanently disregard Libya’s appeals. Libya’s contention to the ICJ, which was denied in the merits of the Montreal Convention, was the fact that since a bilateral extradition policy was not existent during that time between them and either the UK or US, then the extradition process of the Libyan suspects cannot push through.
When the UN Security Council passed Resolutions 731, 748, 883 and 1192, they simply admitted that the Montreal Convention was not comprehensive enough to tackle the extradition process of terrorists. In short, the Montreal Convention simply failed to cover a situation in which a country and its citizens are both accused of a particular terrorist act. Also, the passing of these Resolutions clearly created bias on the part of the UN Security Council because it always acted in favor of the superpower countries United Kingdom and the United States as against the lowly Libya. Therefore, we cannot blame Libya for its seemingly unwillingness to cooperate with the UN nail down the two alleged Libyan suspects of the Lockerbie bombings bound for extradition.
Because a bilateral extradition policy between Libya and either the US or the UK was not existent during that time, Libya thought it was wise and logical to depend on the provisions stated under the Montreal Convention regarding extradition as the source of their contentions. Even though up to this point there has yet to be any standard policy or law established to be followed in the event of international terrorism, the Montreal Convention was, and can still be relied today as one of the main source of extradition policies.
As stated in Article 7 of the Montreal Convention, in the event that for example, Libya is accused of housing a terrorist suspect, the requested State(s) must either extradite that individual to the requesting State(s), or “[s]ubmit the case to its competent authorities for the purpose of prosecution” in accordance with the appropriate laws of that state. Furthermore, Article 8 of the Montreal Convention provides that “signatory States may consider the Convention itself the legal basis for extradition in the absence of a bilateral extradition treaty between the requesting and the requested states”.
Since there were no existing extradition policies between Libya and either the US and the UK at the time when the terrorist act happened, it was only logical that Libya cannot be responsible to induce extradition processes to its own citizens as stated under the Montreal Convention. Aside from the Montreal Convention, there are no more laws that command Libya to extradite its own citizens. As stated in international laws, there is no penalty or sanction that will be given to a country for its inability to induce extradition policies to its own citizens unless otherwise authorized by the UN Security Council against a non-member nation.
The ICJ can definitely review the United Nations Security Council Resolutions adopted under Chapter VII of the UN Charter. The ICJ is an official, public forum mandated by the UN Charter to settle various types of misunderstanding, and to serve justice under the law. More often than not, the typical relationship between the United Nations Security Council and the ICJ is reciprocal. Basically, whoever is caught by the UN law enforcement forces doing something not allowed under the law or constitution especially in Libya, will be summoned to appear in ICJ for either arbitration or serving of sentences.
A. The ICJ can review the UN Resolutions for Corrections
Corrections pertain to the component of the ICJ that is mandated by the UN charter to serve justice through the establishment of correctional institutions in order to rehabilitate or permanently house violators of the constitutional law. Financial penalties may include fines, forfeiture, and restitution. This component is the usually the first and final destination of law offenders found guilty. Once caught by law enforcement authorities, law offenders will temporarily be housed in a prison or a correctional institution until such time when the court is able to give a sentence or favorable resolution to the violation. Law offenders charged under the Lockerbie bombings and other heavy assaults normally are sentenced with lifetime imprisonment, which of course could possibly be lightened through parole or pardon by government authorities.
B. Reforms for Justice for the Lockerbie Bombing Victims
When in the active pursuit of an effective criminal justice system for the victims of the Lockerbie Bombings, the interaction of the ICJ with the public forms an integral part towards its success. Collaborative learning as a method is gradually being used by ICJ nowadays. Through this approach, the families of the victims of the Lockerbie Bombings can learn from the ICJ through the imitation of their techniques in the socialization processes. In the process, they are able to obtain the chance to see their own ideas in a different aspect and therefore be able to take alternatives into consideration. The relative effectiveness of this approach is determined with the capability of the families’ victims to continuously challenge their pre-acquired knowledge by trying to adapt to the interpretations of the ICJ.
Aside from the families of the victims and the ICJ, the different resources for public safety and security being provided by the US government and the United Nations belong to a third category of factors of an environment that is free from risks and hazards. Moreover, law enforcement methods have shown signs of significant growth over the past years. Consequently, obtaining knowledge becomes more complicated. This is because the transformation of all this information into knowledge requires the public to possess the appropriate reference frameworks. But mass media can certainly help the public transform information into valuable knowledge.
In lieu of the present developments in public safety and security of societies, the UN has developed significant visions of learning regarding law enforcement. A majority of these learning visions are based on the idea that law enforcement within societies is a social process where knowledge is denied instead of being acquired passively. Law enforcement, then, transforms into an interactive process. The interaction is being verified through the help of the participants in the law enforcement process such as the police force and the societies. In this framework, high quality of law enforcement would mean the continued guidance and support of the active learning process of the societies. Obviously, this would call for an intensive and phased guiding strategy.
C. Impact of ICJ Revisions in UN Resolutions
The possibility of the occurrence of political and electoral crises within the regions where the UN Resolutions take in effect will not be helpful at all to its strategy to solidify its position in the industry.
The recent efforts of the ICJ to review the UN resolutions and educate the public regarding the revised law enforcement policies and regulations would definitely make learning easy for every individual who desires to do so. Also, the growing impact of information and communications technology (ICT) fits in with the larger transformation towards a knowledge-based society that is safe and secured. The UN and ICJ are already adapted to ICT. Nowadays, the UN is more and more using artificial intelligence systems in order to educate people about law enforcement policies and regulations.
Law enforcement processes in the society are being influenced by the interaction of two major factors. On the one hand, the instructional factors: the educational philosophy brought about by the ICJ and its conversion into didactical ideas. On the other hand, government factors: the staff, infrastructure and policies related in this area. It is obvious that the UN must possess a sound vision of policies and the efficient use of the available resources in order to effectively perform its role in securing the safety of the society.
Nevertheless, the UN needs an interaction between both factors. This is because in order to respond to the new revisions of the UN resolutions, they will eventually transform into a model together with the various aspects of the environment. In return, the ICJ will have to continuously monitor its limitations and along the process introduce innovations.
SYNTHESIS
Threats to security can be traced to the inefficient and ineffective implementation of the policies and tasks necessary to satisfy the safety and security needs of the citizens of a country or institution. Threats to security also arise on the careless management of the processes involved in the production and distribution of products and services necessary to satisfy the needs of the people.
There are six clusters of threats with which the world must be concerned now and in the decades ahead: (a) war between States; (b) violence within States, including civil wars, large-scale human rights abuses and genocide; (c) poverty, infectious disease and environmental degradation; (d) nuclear, radiological, chemical and biological weapons; (e) terrorism; and (f) transnational organized crime.
More often than not, the United Nations and its member nations initiate activities to make an impact towards the prevention of these threats. As a matter of fact, member nations engage in activities that various schools of thought typically associate with “making an impact” towards the prevention of these threats. These activities include the formulation of programs and services to thwart these threats as well as respond to these threats.
CRITIQUE
The world has been able to remain at peace for more than a century now primarily because of the execution of the UN’s safety and security programs, policies and strategies to perfection. Add to the mix the UN’s dedication to high quality of service and the formula for success is at hand.
However, I am not totally convinced that the high level panel on threats, challenges UN implements currently would be as effective as before. For one, consolidation and globalization are taking place across the globe, and along with these comes also the increased exposure of humankind to new threats to safety and security. The United Nations, as a leader and driving force in keeping the world a safe and secured place to live in, has implemented various security strategies to fully adapt to the need to go global in terms of preventing and answering threats.
I suggest that the UN should implement a more sober approach towards the implementation of the high level panel on threats, challenges in order to maintain the loyalty of their member nations. There is nothing wrong with building new loyalties with the other non-member nations. But while it is good to gain the trust of non-member nations, it is even better to keep and maintain the older and more established member nations. This way, the implementation of the UN’s high level panel on threats, challenges will remain unscathed amidst the advent of consolidation and globalization.
RECOMMENDATIONS
There is definitely a need to reconcile both the impacts of the ICJ revisions on the UN resolutions. While Libya and the United States focus on their core competencies following their resource base, they will be put into a disadvantageous position should they choose to neglect both the macro as well as the micro impacts of the changes on the UN resolutions. Therefore, Libya and the US have to be aware of the latest changes brought about by the changes in the UN resolutions, as well as changes in political, economic, legal and even demographic trends in order to develop the outside-in capabilities.
Nevertheless, the mentioned strategic option seems the most practical in the wake of the ICJ revisions on the UN resolutions, since there is a sudden shift towards a more integrated and independent world justice system. The key stakeholders too should not have any objections so long as the UN’s core system is not threatened. By virtue of a centralized control of its justice system, it is being expected that major barriers should not exist in carrying out such an option except additional time may be required for the UN and the ICJ to implement its plans.
CONCLUSION
The results of the analysis carried out on the United Nations Security Council Resolutions regarding the Lockerbie bombings adopted under Chapter VII of the UN Charter indicated very significant effects, even amidst the threats of unrest. Therefore, we could conclude that the roles and responsibilities of the ICJ could still be expected to improve faster than average.
The review of the ICJ’s capabilities and resources revealed very little inconsistencies regarding its strategies towards effective law enforcement in the Lockerbie bombings. This is coherent with its traditional inside-out approach. However, the need to reconcile both the inside-out and outside-in approaches becomes imperative now for the ICJ.
The analysis among the capabilities of the ICJ to review the UN Resolutions revealed certain gaps, most of which are biased towards the environment. However, these gaps paved the way towards determining a number of recommended strategic options to secure the competitiveness of the ICJ.
Also, the ICJ has to find a balance between adherence to internal forces within the UN justice system and to the changing forces of the environment in order to implement such strategic options.
REFERENCES
United Nations Security Council Resolution 731 (1992), January 21, 1992, retrieved January 4, 2006
United Nations Security Council Resolution 748 (1992), January 21, 1992, retrieved January 4, 2006
United Nations Security Council Resolution 883 (1993), November 11, 1993, retrieved January 4, 2006
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