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44 - The Role of the United Nations

Published online by Cambridge University Press:  05 October 2014

Roger S. Clark
Affiliation:
Rutgers, the State University of New Jersey, USA
Mangai Natarajan
Affiliation:
John Jay College of Criminal Justice, City University of New York
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Summary

UN work in the area of International Crime and Justice is rooted in the UN Charter. In the preamble to that treaty, “we the peoples of the United Nations” are said to be “determined to save succeeding generations from the scourge of war, which twice in our lifetime has brought untold sorrow to mankind.” The Charter contemplates not only coercive power against aggressors but also efforts to build a just world to secure peace. Thus, Article 55 of the Charter exhorts the organization (especially through the General Assembly and the Economic and Social Council) to promote:

  1. a. higher standards of living, full employment, and conditions of economic and social progress and development;

  2. b. solutions of international economic, social, health, and related problems; and international cultural and educational cooperation; and

  3. c. universal respect for and observance of, human rights and fundamental freedoms for all without distinction as to race, sex, language, or religion.

The UN has no standing body with criminal jurisdiction over particular crimes. Its court, the International Court of Justice, deals with states and international organizations, not individuals. Occasionally, on an ad hoc basis, the UN has taken on some features of a law enforcement agency, as in the Security Council’s creation of the International Tribunals for Former Yugoslavia and Rwanda. Those Tribunals are designed to enforce international law relating to genocide, crimes against humanity and war crimes against individual perpetrators in the particular instances of former Yugoslavia and Rwanda. But the Security Council chose not to create international tribunals for situations that were arguably as egregious. The UN was, however, involved in the creation of several “hybrid” courts, having a mixture of local and foreign judges. These were formed in, for example, Cambodia, Sierra Leone, Timor-Leste, and Lebanon.

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Publisher: Cambridge University Press
Print publication year: 2010

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References

Clark, R. S. (1994). The United Nations Crime Prevention and Criminal Justice Program: Formulation of Standards and Efforts at Their Implementation. (Vol. 20). Philadelphia: University of Pennsylvania.
Podgor, E.S., & Clark, R. S., (2009). International Criminal Law: Cases and Materials, Third Edition. Newark: LexisNexis.
United Nations. (2006). Compendium of United Nations Standards and Norms in Crime Prevention and Criminal Justice. New York: United Nations. Available at: www.unodc.org/pdf/compendium/compendium_2006_cover.pdf
United Nations Office on Drugs and Crime:
Office of United Nations High Commissioner for Human Rights:
International Scientific and Professional Advisory Council of the UN
Crime Prevention and Criminal Justice Programme (“ISPAC”):

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  • The Role of the United Nations
  • Edited by Mangai Natarajan, John Jay College of Criminal Justice, City University of New York
  • Book: International Crime and Justice
  • Online publication: 05 October 2014
  • Chapter DOI: https://doi.org/10.1017/CBO9780511762116.053
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  • The Role of the United Nations
  • Edited by Mangai Natarajan, John Jay College of Criminal Justice, City University of New York
  • Book: International Crime and Justice
  • Online publication: 05 October 2014
  • Chapter DOI: https://doi.org/10.1017/CBO9780511762116.053
Available formats
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To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • The Role of the United Nations
  • Edited by Mangai Natarajan, John Jay College of Criminal Justice, City University of New York
  • Book: International Crime and Justice
  • Online publication: 05 October 2014
  • Chapter DOI: https://doi.org/10.1017/CBO9780511762116.053
Available formats
×