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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 (ICY) 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 ICY with regard to its suitability to critical situations, during which the internal capabilities of the ICY 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 ICY 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 ICY 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 ICY 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 (ICY) 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 (ICY) 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 ICY.


More often than not, the ICY 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 ICY 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 ICY. A great deal of emphasis lies on the efficiency and effectiveness of these roles. Therefore, understanding the ICY includes the analysis and management of its significant roles.


It is interesting to know the basic innate characteristics of the judicial members of the ICY 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 ICY 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 ICY 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 Ice’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 ICY 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 ICY 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 ICY 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 ICY along the process is able to develop a holistic mindset regarding the issues surrounding it. The ICY 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 ICY 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 ICY 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 UTAH 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 UTAH 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 overly 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 ICY review the United Nations Security Council Resolutions adopted under Chapter VII of the UN Charter?”


The ICY can definitely review the United Nations Security Council Resolutions adopted under Chapter VII of the UN Charter. The ICY 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 ICY 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 ICY for either arbitration or serving of sentences.


A. The ICY can review the UN Resolutions for Corrections


Corrections pertain to the component of the ICY 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 ICY with the public forms an integral part towards its success. Collaborative learning as a method is gradually being used by ICY nowadays. Through this approach, the families of the victims of the Lockerbie Bombings can learn from the ICY 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 ICY.


Aside from the families of the victims and the ICY, 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 ICY 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 ICY 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 ICY 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 ICY 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 ICY 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 Urn’s safety and security programs, policies and strategies to perfection. Add to the mix the Urn’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 Urn’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 ICY 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 ICY 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 Urn’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 ICY 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 ICY could still be expected to improve faster than average.


The review of the Ice’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 ICY.


The analysis among the capabilities of the ICY 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 ICY.


Also, the ICY 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.



Credit:ivythesis.typepad.com


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