The United Nations 'quasi-prosecutorial' investigative mechanisms: assessing a new institutional model in the international criminal justice landscape

This work aims to provide a theoretical examination of three recently created bodies of the United Nations mandated to investigate the alleged international crimes committed in Syria (IIIM), Iraq (UNITAD) and Myanmar (IIMM). Established as a compromise solution in the paralysis of international criminal jurisdictions, these essentially overlapping entities have been depicted as a ‘new generation’ of UN investigative mechanisms. While non-judicial in nature, they depart indeed from traditional commissions of inquiry in several respects due to their increased criminal or ‘quasi-prosecutorial’ character. After clarifying their legal basis and different mandating authorities, a comparative institutional analysis is thus carried out in order to ascertain whether these ‘mechanisms’ can be said to effectively represent a new institutional model. Through an in-depth assessment of their mandates, the thesis is also intended to outline both the strengths and the criticalities of these organs. Given their aim to facilitate criminal proceedings by sharing information and case files, it is suggested that more attention shall be paid to the position of the person under investigation. To this end, some proposals are made in order to enhance the mechanisms’ frameworks, especially from the angle of procedural safeguards. As a third aspect, the cooperation with judicial authorities is explored, in order to shed light on the actors involved, the relevant legal instruments and the possible obstacles, in particular from a human rights perspective. Ultimately, drawing from the detected issues, the thesis seeks to identify some lessons learned which could be taken into account in case of creation of new ad hoc investigative mechanisms or of a permanent institution of this kind.

Politiche di sviluppo e questione etnica. La cooperazione italiana IN Bosnia Erzegovina

The globalization process of the last twenty years has changed the world through international flows of people, policies and practices. International cooperation to development is a part of that process and brought International Organizations (IOs) and Non Governmental Organizations (NGOs) from the West to the rest of the world. In my thesis I analyze the Italian NGOs that worked in Bosnia Herzegovina (BH) to understand which development projects they realized and how they faced the ethnic issue that characterized BH. I consider the relation shaped between Italian NGOs and Bosnian civil society as an object of ethnic interests. In BH, once part of former Yugoslavia, the transition from the communist regime to a democratic country has not been completed. BH’s social conditions are characterized by strong ethnic divisions. The legacy of the early 1990s crisis was a phenomenon of ethnic identities created before the war and that still endure today. The Dayton Peace Agreement signed in 1995 granted the peace and reinforced the inter-ethnic hate between the newly recognized three principal ethnicities: Serbs, Croats and Bosniak. Through the new constitution, the institutions were characterized by division at every level, from the top to the bottom of society. Besides it was the first constitution ever written and signed outside the own country; that was the root of the state of exception that characterized BH. Thus ethnic identities culture survived through the international political involvement. At the same time ethnic groups that dominated the political debate clashed with the international organization’s democratic purpose to build a multicultural and democratic state. Ethnic and also religious differences were the instruments for a national statement that might cause the transition and development projects failure. Fifteen years later social fragmentation was still present and it established an atmosphere of daily cultural violence. Civil society suffered this condition and attended to recreate the ethnic fragmentation in every day life. Some cities became physically divided and other cities don’t tolerated the minority presence. In rural areas, the division was more explicit, from village to village, without integration. In my speech, the anthropology for development – the derivative study from applied anthropology – constitutes the point of view that I used to understand how ethnic identities still influenced the development process in BH. I done ethnographic research about the Italian cooperation for development projects that were working there in 2007. The target of research were the Italian NGOs that created a relation with Bosnian civil society; they were almost twenty divided in four main field of competences: institutional building, education, agriculture and democratization. I assumed that NGOs work needed a deep study because the bottom of society is the place where people could really change their representation and behavior. Italian NGOs operated in BH with the aim of creating sustainable development. They found cultural barricade that both institutions and civil society erected when development projects have been applied. Ethnic and religious differences were stressed to maintain boundaries and fragmented power. Thus NGOs tried to negotiate development projects by social integration. I found that NGOs worked among ethnic groups by pursuing a new integration. They often gained success among people; civil society was ready to accept development projects and overcome differences. On the other hand NGOs have been limited by political level that sustained the ethnic talk and by their representation of Bosnian issue. Thus development policies have been impeded by ethnic issue and by cooperation practices established on a top down perspective. Paradoxically, since international community has approved the political ethnic division within DPA, then the willing of development followed by funding NGOs cooperation projects was not completely successful.

For God'sake! Lift the embargo to Spain

Intorno alla metà degli anni trenta la Spagna diventò il centro dell’attenzione del mondo e tutte le grandi potenze internazionali, vecchie e nuove, vennero coinvolte, in misura diversa, nella guerra civile. Già nell’agosto del 1936, un mese dopo l’esplosione del conflitto, tutti gli Stati più rappresentativi caldeggiavano l’ipotesi di una politica comune di “non intervento”. Il ruolo guida in tal senso venne assunto dal governo inglese, capace di dissuadere, in tempi estremamente rapidi, il governo frontista francese di Leon Blum dall’intento di sostenere economicamente e militarmente il legittimo governo repubblicano spagnolo. La preoccupazione che il conflitto potesse degenerare in uno scontro più generale fu quindi la ragione principale per la quale qualche settimana dopo nacque il “Comitato di Non Intervento”, cui aderirono ben ventisette nazioni europee tra cui Francia, Inghilterra, URSS, Italia, Germania e Portogallo. Il mio progetto di ricerca dottorale esamina il ruolo, le scelte ed i relativi dibattiti in merito all’unica grande potenza, gli Stati Uniti d’America, che, pur scegliendo di rimanere neutrale, si astenne dal partecipare al suddetto Comitato. In ambito statunitense particolare rilievo assumono due aspetti del dibattito politico sulla Spagna: il primo maturato in seno all’Amministrazione Roosevelt, il secondo elaborato dalla componente Liberal della coalizione del New Deal attraverso i settimanali, “The Nation” e “The New Republic”. Il confronto pubblico acceso dalla guerra civile spagnola fu infatti l’occasione per la società civile americana per dibattere apertamente e francamente circa l’opportunità e la capacità della nazione di assumere o meno un ruolo internazionale corrispondente al prestigio socio-economico in via di acquisizione a livello mondiale. Approfondire ed esaminare il dibattito sulla guerra civile spagnola negli USA significa dunque andare alla ricerca delle radici culturali di quello che sarà uno dei più vasti ed articolati confronti politici e teorici del ventesimo secolo: l’internazionalismo americano.