International Law
Al-Werfalli’s Arrest Warrant: Respect for International Criminal Law need of the hour

On 15th August, 2017, the Pre-Trial Chamber of the International Criminal Court (ICC) headed by Presiding judge Joyce Aluoch and Judges Cuno Tarfusser and Peter Kovacs issued an arrest warrant against Mahmoud Mustafa Busayf Al-Werfalli under Article 58 (1) of the Rome Statute.
Al-Werfalli, a Libyan National born in 1978 belonging to the Al-Sahibani family of the Werfalla Tribe is a commander in the Al-Saiqa Brigade. Al-Werfalli joined the Al-Saiqa Brigade post the collapse of the Gaddafi regime and has been in the Commander’s position since at least December 2015. Al-Saiqa Brigade is one of the numerous armed groups engaged in a non-international armed conflict in Libya since March 2011. Given the issue of warrant against Al-Werfalli, it can reasonably presumed to be amongst the most deadly as well.
Background
The United Nations Security Council on 26th February, 2011 acting under Chapter VII of the Charter of the United Nations, unanimously adopted Resolution 1970 which referred the situation in Libya since 15th February 2011 to the Prosecutor of the Court. The Resolution required all States and concerned regional and international organizations to extend co-operation with the ICC and its Prosecutor. As is well known, Libya was only the second instance of a situation being referred by the UNSC to the ICC, the first being Sudan.
On 1st August, 2017, the Prosecutor submitted an application under Article 58 for a warrant of arrest against Al-Werfalli. In requesting the Chamber to issue an arrest warrant against the said person for War Crimes under the Statute, the Prosecutor specifically cited 7 incidents taking place on or before 3rd June, 2016 to 17th July, 2017 in Benghazi and surrounding areas for which Al-Werfalli could be proceeded against. These crimes according to the Prosecutor were egregious and individual accountability for these crimes would advance the ends of peace and stability.
Opinion of the Pre-Trial Chamber
According to the Chamber, Al-Werfalli appeared to be directly responsible for the killing of 33 persons in or around Benghazi by either personally killing them or ordering their execution. The persons killed were detained and where either plain civilians or persons hors de combat. The executions which took place in the course of seven incidents, according to the Chamber were exceptionally cruel, dehumanising and degrading. The use of these words by the Chamber reflects the magnitude of the impunity unleashed by Al-Werfalli in the intractable conflict currently underway in Libya. The Chamber primarily relied upon Video Recordings submitted by the Prosecutor in coming to its conclusion on the need to issue arrest warrants. Shockingly, these videos were posted on social media on 23rd July 2017 and appear to have been uploaded in Benghazi. In addition to Video Records, records of witness interviews was factored as well.
Jurisdiction of the Court
The Chamber was convinced that the material produced (evidence) pertained to the time period for which the ICC was granted jurisdiction to adjudicate on the case (i.e., post 15th February, 2011). Since the Al-Saiqa Brigade was involved in the non-international armed conflict ever since the days of the revolution against the Gaddafi regime, the Chamber had no hesitation in concluding that the alleged crimes are directly and clearly linked with the situation that triggered the jurisdiction of the Court through the Security Council referral.
In addition, the Chamber concluded that there are reasonable grounds to believe that the Al-Saiqa Brigade had a hierarchical structure, with field commanders acting under the overall command of Colonel Bukhmada, along with numerous divisions and battalions. The violence perpetrated by this group was organized and systematic and had risen above the level of isolated and sporadic acts of violence. Given this evidence, the Chamber concluded that there are reasonable grounds to believe that Al-Werfalli’s acts constituted war crimes committed in the context of an armed conflict not of an international character. The fact that Al-Werfalli personally committed some of these murders bolsters the finding that he bears individual criminal responsibility as a direct perpetrator under Article 25 (3) (a) of the Rome Statute.
Importantly, the Chamber also mentioned that the issue of arrest warrant is necessary to prevent Al-Werfalli from further commission of these crimes. The posting of the dastardly videos on social media satisfied the chamber that Al-Werfalli was unlikely to co-operate with a summons to appear and hence only the issuance of a warrant of arrest would serve the necessary purpose. The finding of the Chamber was based on the statutory standard applicable at this particular stage of the proceedings, namely “reasonable grounds to believe” as required under Article 58 (1) (a).
Conclusion
With the public issue of the arrest warrant, the Chamber has directed the Registrar to prepare a request for co-operation from Member States seeking the arrest and surrender of Mr. Al-Werfalli. With the PTC issuing the arrest warrant, ICC Prosecutor Fatou Bensouda issued an appeal to the international community to co-operate and assist Libya in ensuring the arrest and surrender of Al-Werfalli to the ICC without delay. A request to this regard was made, importantly, to the UNSC as well. While the importance of timely and effective co-operation in the enforcement of warrants of arrest cannot be understated, the ball is now in the court of the international community to honour its role in the fight against impunity. Will the international community wake up to Al-Werfalli’s arrest warrant? The execution of the warrant would be a milestone in international criminal justice.
International Law
Democracy at Risk: The Global Challenge of Rising Populism and Nationalism

Authors: Meherab Hossain and Md. Obaidullah*
Populism and nationalism represent two discrete political ideologies; however, they may pose potential threats to democracy. Populism is a political ideology and approach characterized by the emphasis on the interests and concerns of ordinary people against established elites or perceived sources of power and privilege. Populist leaders often portray themselves as champions of the “common people” and claim to represent their grievances and desires. It is a political stance that emphasizes the idea of “the people” and often contrasts this group against “the elite”.
Nationalism, on the other hand, is an ideology based on the premise that the individual’s loyalty and devotion to the nation-state surpass other individual or group interests. It represents a political principal positing that there should be congruence between the political entity and the nation-state. While populism emphasizes the idea of “the people,” nationalism emphasizes the idea of the nation-state.
In what ways can populism pose a threat to democracy?
While some argue that populism is not a threat to democracy per se, others contend that it poses a serious risk to democratic institutions. Populism can become a threat to democracy by undermining formal institutions and functions, discrediting the media, and targeting specific social groups, such as immigrants or minorities. This threat arises from its potential to confer a moral legitimacy upon the state that it might otherwise lack. Consequently, it can jeopardize the defense mechanisms established to safeguard against tyranny, including freedoms, checks and balances, the rule of law, tolerance, autonomous social institutions, individual and group rights, as well as pluralism. Populism imposes an assumption of uniformity onto the diverse fabric of reality, distorting not only factual representations but also elevating the attributes of certain social groups above those of others.
In Turkey, President Recep Tayyip Erdogan’s populist rhetoric and policies have led to the erosion of democratic institutions, including the judiciary and the media. Populism in Turkey can be traced back to the era of Mustafa Kemal Atatürk’s regime, during which Atatürk’s elites, who had limited commonality with the broader society, assumed the responsibility of educating and guiding the masses. This phenomenon, often referred to as ‘regime elitism,’ has rendered Turkey susceptible to populism, which fundamentally revolves around the conflict between the elites and the general populace.
In Hungary, Prime Minister Viktor Orban’s populist government has been accused of undermining the rule of law, limiting press freedom, and targeting civil society groups. He has established a repressive and progressively authoritarian state that operates under the guise of democracy.
In media discourse, he has been designated as a populist leader. Empirical analysis reveals that Hungary is currently governed by a form of political populism, characterized as conservative right-wing populism. The salient features of Hungarian political dynamics encompass the government’s claim of challenging established elites, a lack of a clearly defined political agenda, the utilization of propaganda as a prominent tool in its political communications, advocacy for the preservation of a Christian Hungary, intervention in areas traditionally considered independent from state interference such as education and jurisdiction, the implementation of mass clientelism to reward its supporters while exerting pressure on critics, and overt criticism of non-governmental organizations (NGOs). Consequently, this trajectory underscores the ascendance of authoritarianism within Hungary.
How Nationalism can be threat to Democracy?
Nationalism can pose a potential threat to both democracy and international relations when it manifests in forms of discrimination, violence, and the exclusion of specific groups. The ascension of nationalism may jeopardize the established efficacy of multilateralism, which has historically been instrumental in preserving lives and averting conflicts. This can result in unilateral actions by certain nations, thereby undermining the collaborative approach to the peaceful resolution of disputes.
Nationalism can serve as a catalyst for conflict and division, fostering tendencies toward exclusivity and competition that impede the resolution of common global challenges. The ascent of economic nationalism has the potential to undermine global collaboration and policy alignment, resulting in a resurgence of nationalist economic strategies in many regions worldwide. Such strategies often prioritize individual national objectives over the collective global interest. Unrestrained nationalism can pose a threat to stability by inflaming ethnic tensions, thereby increasing the likelihood of violence and conflict.
In Europe, nationalism has historically been a significant catalyst for conflict and division, spanning from the emergence of Nazi Germany in the 1930s to more recent upsurges of nationalist movements in various countries. Nationalism tends to foster exclusivity and competition, thereby complicating efforts to address common global challenges. Under nationalist ideology, exemplified by Hitler, instances of extreme cruelty and inhumanity have been documented.
Another instance of nationalism, which presents a significant challenge to democracy, is the ascendance of Hindu extremism and nationalism in India, resulting in communal tensions. Since the Hindu nationalist BJP came into power, there has been a heightened sense of insecurity among Muslims in India, with the situation reaching unprecedented levels of concern. The government has actively employed media, television, and the film industry to propagate Islamophobia among the Hindu majority. In 2018, the Indian High Court rendered a judgment advocating for India to be declared a Hindu state, citing the country’s historical religious divisions. Nonetheless, it is crucial to emphasize that, in accordance with its constitution, India is mandated to maintain a secular state. Needless to say, the rise of Hindu nationalism under Prime Minister Narendra Modi has been accused of fueling sectarian tensions and undermining the country’s secular democracy.
Indeed, while populism and nationalism are distinct concepts, their simultaneous global rise poses a considerable threat to democracy. These ideologies frequently favor specific groups over the broader population and can corrode democratic principles. They tend to exacerbate polarization and undermine vital democratic institutions. Hence, many countries are grappling with substantial challenges to their democratic systems, which puts their stability and effectiveness at risk.
*Md. Obaidullah holds both a BSS and an MSS degree in Public Administration from the University of Barishal. He is currently employed as a Research Assistant at the Centre for Advanced Social Research in Dhaka, Bangladesh. His writing expertise spans various subjects, including Public Policy, Politics, Governance, Climate Change, and Diplomacy, on which he frequently contributes
International Law
Principles of International Relations as Homo Sapiens

After listening to Hariri’s Home Sapiens, I grasped, with a new perspective, the state of our humanity. I deeply realized that indeed we are the last human species. Our closest relative and competitor, the Neanderthals, were long gone. So how do we, as homo sapiens (“wise men”), wisely ensure the well-being and future of our species? The question seems too general or even irrelevant to many considering that everyday life on Earth continues despite the horrors of war, the devastation of calamities, and the forebodings of apocalypticism. But let’s not toy around with the destructive propensity and capability of our species which could have played a significant role in the demise of the Neanderthals and could also threaten our very own existence.
Life on Earth now is multifaceted and more complex than when we were still cohabiting our planet with other human species. The ancient “us and them” have become the modern and ironically complicated “among us,” and consequentially “us versus us.” We have become the only remaining human species—but the only remaining species that wants to destroy itself for self-interest.
Reflecting on the implications of our being the only human species left on Earth, I deduce the following principles for our international relations.
As one human species living on one planet:
The principle of cohabitation
We all have the rights to peacefully and productively cohabit on planet Earth without the sequestration of others due to superficialdiversity such as geographical locations, skin color, social ideology, and culture; or because of national or corporate resource exploitation.
The principle of mutual survival
We cannot survive without the human ecosystem. Human life is a multidimensional ecosystem. It cannot survive and thrive with only one feature or characteristic in one locality. It necessitates global diversity and mutuality. For our species to survive, our relations need to be based on mutual universal survival.
The principle of co-thriving
We cannot thrive secluded from the universal life system. Regression and destruction of one geographical locus, one ethnicity, or one natural feature impacts the whole bio-societal system. Inversely, the flourishing of one locus, one ethnicity, or one natural feature in conjunction with others, furnishes the whole human system to thrive.
The principle of developmental competition
We have both the latent propensity for destructive bouts and a penchant for developmental competition. International relations based on destructive bouts eventually inflect global crises. Global relations based on developmental competition advance our civilization. Each progress in a varied sphere, though will not be the same, complements the whole progression.
The principle of common home protection
We only have one home, one present habitat for our species to live and thrive, and one human family. Allowing these to decay will not only result in our degeneration but also the eventual risk of our survival.
As homo sapiens, we are at the top of the food chain and intolerant. We want to devour everything we can see and irrationally have the delusion of grandeur of being the only predator left. But the prey and the predator are one and the same. It’s not so naïve to outline what can be tagged as an idealistic theoretical construct. But let’s also accept the fact that the most influencing factors in our international relations are either commercially exploitive or ideologically invasive. And these are not sustainable and globally beneficial—for they are calculated goodness intended for the temporal benefits of the very few. The principle of the common good will enable us to see more beyond our present state and ensure the well-being and future of our species.
International Law
UN 2.0: Reimagining our global organization for a world in flux

Working towards better results on the ground and focused on the future, the UN family is undergoing a reset that will give rise to more agile, tech-savvy and impactful UN organizations.This transformation in skills and culture, encapsulated in the Secretary-General’s vision of a UN 2.0, is focused on fostering cutting-edge capabilities in data, digital, innovation, foresight and behavioural science – to deliver stronger results, better Member State support, and faster progress towards the Sustainable Development Goals.
During a roundtable with Member States, a group of UN leaders and experts explained the potential and strategies of UN 2.0. They highlighted early success stories, that, when replicated, will boost on-the-ground impact of a stronger, more flexible and modern UN.
This event came before the launch of the Secretary-General’s policy brief on the issue of a UN 2.0 revamp.
At the core of UN 2.0 is the so-named ‘Quintet of Change’, a powerful combination of data, innovation, digital solutions, foresight, and behavioural science solutions.
Opening the discussion, Melissa Fleming, the Under-Secretary-General for Global Communications, emphasized the need for change, highlighting that the progress towards the 2030 Agenda for Sustainable Development – adopted by all UN Member States in 2015 as a blueprint for peace and prosperity – is currently not on track.
Responding to the growing demand for reform, UN 2.0 represents a shift in how UN system organizations operate, aiming to accelerate progress towards the Sustainable Development Goals (SDGs).
Guy Ryder, the Under-Secretary-General for Policy, who brings extensive experience from his decade-long tenure leading the International Labour Organization (ILO), explained that the purpose of UN 2.0 is to equip UN organizations with the contemporary expertise required to be an effective partner for Member States in the twenty-first century.
A transformed UN leaves no one behind
Catherine Pollard, the Under-Secretary-General for Management Strategy, Policy, and Compliance, explained that the primary beneficiaries of UN 2.0 are the people the UN serves in its 193 member countries. “But equally important, UN 2.0 is about UN organizations themselves, because they will develop new skills, new talent, new purpose to better deliver our mandate.”
The UN continues to be a relevant player in the multilateral arena. To maintain this relevance, Ms. Pollard said, the Organization will develop employees’ skills, offer more training, attract new talents, and improve human resources policies.
Like many things in the modern world, UN 2.0 will be driven by digital solutions and cutting-edge technologies. Robert Opp, Chief Digital Officer of UNDP, the UN agency promoting international development, advocated for the potential that new technologies offer and contemplated on what the future can bring.
“AI is the current challenge, but there will be quantum computing and other breakthroughs around the corner, what we haven’t even anticipated,” he said, adding that when the ‘Quintet of Change’ is successfully implemented across the UN system, the Organization’s agility in responding to new challenges and in helping Member States will increase dramatically.
Data, digital innovation, foresight and behavioural science play key roles
The UN is actively supporting Member States in their pursuit of new solutions. A network of innovation labs has been established in more than 90 countries, serving as platforms for sharing new expertise in technology, data and other areas.
One notable success story comes from Indonesia, explained Faizal Thamrin, Data Scientist at UN Global Pulse Asia-Pacific. He illustrated how his team collaborated with the Government and thousands of small and medium enterprises to prepare for the future. Additionally, the team’s data analytics skills, combined with Indonesia’s experience, helped replicate early warning systems for natural disasters across the region.
UN 2.0 extends beyond data and digital solutions. Behavioural science, a multidisciplinary field that integrates insights from psychology, economics, communications, data science, sociology, and more, plays a crucial role in the ‘Quintet of Change’.
Claire Hobden, an ILO expert on domestic work, provided an example from Argentina’s informal sector. With support from UN colleagues, the Government was able to significantly expand social security coverage to domestic workers, such as nannies and caregivers, who are often hard to reach.
“Through a very small intervention we hope to be able to give more people access to social security, realizing their rights and access to decent work,” said Ms. Hobden noting the huge potential of replicating these methods, as there are 75 million such workers around the globe.
‘With new tools, we can do better’
In conversation with senior diplomats, Mr. Ryder emphasized that UN 2.0 is about potential of doing our job better “if we take a fresh look at some of the things we’ve been doing for a long time.”
Commenting on the journey ahead for UN colleagues, Mr. Ryder said “What you’ve done has been great. Now we have new tools. Let’s pick up those new tools, use them and maybe we can improve on what we’ve done before. It’s not saying what happened in the past was bad. It’s saying what we do in the future can be better”.
The event was co-organized by the Permanent Missions of Norway and the Republic of Indonesia to the United Nations in partnership with the Executive Office of the Secretary-General.
-
Middle East4 days ago
Iran and Sudan’s Rapprochement in 2023: New Changes in the Regional Geopolitics of the Middle East
-
World News4 days ago
Foreign Affairs: Will the West abandon Ukraine?
-
Finance4 days ago
Why the West’s sanctions on Russia miss the mark
-
Europe4 days ago
Bangladesh-UK strategic dialogue: Significance in the post-Brexit era
-
International Law4 days ago
Democracy at Risk: The Global Challenge of Rising Populism and Nationalism
-
New Social Compact4 days ago
Talking tolerance in polarised societies
-
Finance4 days ago
Amid Worsening Food Crisis, Leaders Call to Mobilize Finance for African Agriculture
-
Science & Technology3 days ago
Artificial Intelligence and Advances in Chemistry (I)