FN:s säkerhetsråds resolutioner 1325 och 2122: Folkrättens möjligheter att förstärka kvinnans rättsliga ställning
Independent thesis Basic level (degree of Bachelor), 10 credits / 15 HE creditsStudent thesis
The United Nations Security Council adopted resolution 1325 (in year 2000) to reinforce the focus on protection of women and girls from gender-based violence, rape and other forms of sexual abuse under armed conflicts. Resolution 1325 stressed the importance of women´s role in the prevention and resolution of conflicts and peace-building. The resolution underlined the importance of women´s equal participation and full involvement in all efforts for the upholding and furtherance of peace and security. It also reasserts the importance of increasing the number of women in decision-making positions. Thirteen years later resolution 2122 was adopted which again stressed the focus of women´s legal status, this time with particular emphasize on women´s empowerment and participation, the resolution was a call upon all UN-members and UN-authorities to establish, to support and to build women´s engagement in all levels of decision-making with the aim to prevent and find resolution to war. The purpose of the essay is to provide a survey of the advantages and disadvantages of the control and sanctions system of UN and the international law. To be able to achieve and implement the standards of the mentioned resolutions, there has to be various systems of compliance mechanism that monitors Security Council resolutions. The essay examines different compliance mechanisms trough a survey of former UN Security Council sanctions and conflict resolutions. And one of the most important compliance mechanism of the international law, is the International Criminal Court (ICC). The essay concludes that the ICC has no authority to act upon a crime which has not been investigated and prosecuted by a national judicial system and if the crime is not of the gravest category. Thus the ICC becomes an inflexible mechanism as it will not investigate or prosecute crimes against international law, which are committed through different forms of sophisticated oppression and is not perceived as criminal under national law. This and other monitor and sanction difficulties sees the light especially when the state itself is the perpetrator. There is very little possibility to effect, monitor or sanction a state which has not signed any convention (inasmuch as the UN Security Council seeks to implement a forceful intervention under chapter VII of the United Nations charter). Whereas the role of the UN is to balance the interests of the states, even though there is a consensus that the rule approach of international law is to protect the individual from states´ discretion. The essay has come to the conclusion that the UN collective sanction system and the ICC fail to guarantee international rule of law thus it fails to strengthen women´s legal status. The origin of the problem is the fact that the state is perceived as to be the equal of automatic rule of law and justice. The state and its practice sets the standards of normativity of the international law, which turns any endeavor to strengthen women´s legal status into utopian motives.
Place, publisher, year, edition, pages
2015. , 43 p.
Social Behaviour Law
Samhälls-, beteendevetenskap, juridik, FN, UN, Säkerhetsrådet, resolution, ICC, 1325, rättigheter
IdentifiersURN: urn:nbn:se:ltu:diva-49083Local ID: 679196be-6e2d-43ff-8cf4-962df9b1729cOAI: oai:DiVA.org:ltu-49083DiVA: diva2:1022428
Subject / course
Student thesis, at least 15 credits
Jurisprudence, bachelor's level
Validerat; 20150505 (global_studentproject_submitter)2016-10-042016-10-04Bibliographically approved