Functions and powers of the Security Council of the United Nations Mandate The UN Charter established six main organs of the United Nations, including the Security Council. It gives primary responsibility for maintaining international peace and security to the Security Council, which may meet whenever peace is threatened. According to the Charter, the United Nations has four purposes: • to maintain international peace and security; • to develop friendly relations among nations; • to cooperate in solving international problems and in promoting respect for human rights; • and to be a centre for harmonizing the actions of nations. All members of the United Nations agree to accept and carry out the decisions of the Security Council. While other organs of the United Nations make recommendations to member states, only the Security Council has the power to make decisions that member states are then obligated to implement under the Charter. Maintaining Peace and Security When a complaint concerning a threat to peace is brought before it, the Council’s first action is usually to recommend that the parties try to reach agreement by peaceful means. The Council may: • set forth principles for such an agreement; • undertake investigation and mediation, in some cases; • dispatch a mission; • appoint special envoys; or • request the Secretary-General to use his good offices to achieve a pacific settlement of the dispute. When a dispute leads to hostilities, the Council’s primary concern is to bring them to an end as soon as possible. In that case, the Council may: • issue ceasefire directives that can help prevent an escalation of the conflict; • Dispatch military observers or a peacekeeping force to help reduce tensions, separate opposing forces and establish a calm in which peaceful settlements may be sought. Beyond this, the Council may opt for enforcement measures, including: • economic sanctions, arms embargoes, financial penalties and restrictions, and travel bans; • severance of diplomatic relations; • blockade; • or even collective military action. A chief concern is to focus action on those responsible for the policies or practices condemned by the international community, while minimizing the impact of the measures taken on other parts of the population and economy. Organization The Security Council held its first session on 17 January 1946 at Church House, Westminster, London. Since its first meeting, the Security Council has taken permanent residence at the United Nations Headquarters in New York City. It also travelled to many cities, holding sessions in Addis Ababa, Ethiopia, in 1972, in Panama City, Panama, and in Geneva, Switzerland, in 1990. A representative of each of its members must be present at all times at UN Headquarters so that the Security Council can meet at any time as the need arises. (ref. http://www.un.org/en/sc/about/) I. The Israeli-Palestinian Conflict The Israeli–Palestinian conflict has its roots in the late 19th and early 20th centuries, with the birth of major nationalist movements among the Jews and among the Arabs, both geared towards attaining sovereignty for their people in the Middle East. The collision between those two forces in southern Levant and the emergence of Palestinian nationalism in the 1920s eventually escalated into the Israeli–Palestinian conflict in 1947 and expanded into the wider Arab–Israeli conflict later on. With the outcome of the First World War, the relations between Zionism and the Arab national movement seemed to be potentially friendly, and the Faisal–Weizmann Agreement created a framework for both aspirations to coexist on the former Ottoman Empire's territories. However, with the defeat and dissolution of the Arab Kingdom of Syria in July 1920 following the Franco-Syrian War, a crisis fell upon the Damascusbased Arab national movement. The return of several hard-line Palestinian Arab nationalists, under the emerging leadership of Haj Amin alHusseini, from Damascus to Mandatory Palestine marked the beginning of Palestinian Arab nationalist struggle towards establishment of a national home for Arabs of Palestine. Amin al-Husseini, the architect of the Palestinian Arab national movement, immediately marked Jewish national movement and Jewish immigration to Palestine as the sole enemy to his cause, initiating large-scale riots against the Jews as early as 1920 in Jerusalem and in 1921 in Jaffa. Among the results of the violence was the establishment of the Jewish paramilitary force Haganah. In 1929, a series of violent anti-Jewish riots was initiated by the Arab leadership. The riots resulted in massive Jewish casualties in Hebron and Safed and the evacuation of Jews from Hebron and Gaza. In the early 1930s, the Arab national struggle in Palestine had drawn many Arab nationalist militants from across the Middle East, most notably Sheikh Izaddin al-Qassam from Syria, who established the Black Hand militant group and had prepared the grounds for the 1936 Arab revolt. Following the death of al-Qassam at the hands of the British in late 1935, the tensions erupted in 1936 into the Arab general strike and general boycott. The strike soon deteriorated into violence and the bloodily repressed 1936–1939 Arab revolt in Palestine against the British and the Jews. It was finally motivated by opposition to mass Jewish immigration. In the first wave of organized violence, lasting until early 1937, much of the Arab gangs were defeated by the British and a forced expulsion of much of the Arab leadership was performed. The revolt led to the establishment of the Peel Commission towards partitioning of Palestine, though was subsequently rejected by the Palestinian Arabs. The two main Jewish leaders, Chaim Weizmann and David Ben-Gurion, accepted the recommendations but some secondary Jewish leaders did not like it. The renewed violence, which had sporadically lasted until the beginning of World War II, ended with around 5,000 casualties, mostly from the Arab side. With the eruption of World War II, the situation in Mandatory Palestine calmed down. It allowed a shift towards a more moderate stance among Palestinian Arabs, under the leadership of the Nashashibi clan and even the establishment of the Jewish–Arab Palestine Regiment under British command, fighting Germans in North Africa. The more radical exiled faction of al-Husseini thus tended to cooperation with Nazi Germany, and participated in the establishment of pro-Nazi propaganda machine throughout the Arab world. Defeat of Arab nationalists in Iraq and subsequent relocation of al-Husseini to Nazi-occupied Europe tied his hands regarding field operations in Palestine, though he regularly demanded the Italians and the Germans to bomb Tel Aviv. By the end of World War II, a crisis over the fate of the Holocaust survivors from Europe led to renewed tensions between the Yishuv and the Palestinian Arab leadership. Immigration quotas were established by the British, while on the other hand illegal immigration and Zionist insurgency against the British was increasing. On 29 November 1947, the General Assembly of the United Nations adopted RES/181 recommending the adoption and implementation of a plan to partition Palestine into an Arab state, a Jewish state and the City of Jerusalem.On the next day, Palestine was already swept by violence, with Arab and Jewish militias executing attacks. For four months, under continuous Arab provocation and attack, the Yishuv was usually on the defensive while occasionally retaliating. The Arab League supported the Arab struggle by forming the volunteer based Arab Liberation Army, supporting the Palestinian Arab Army of the Holy War, under the leadership of Abd al-Qadir al-Husayni and Hasan Salama. On the Jewish side, the civil war was managed by the major underground militias – the Haganah, Irgun and Lehi, strengthened by numerous Jewish veterans of World War II and foreign volunteers. By spring 1948, it was already clear that the Arab forces were nearing a total collapse, while Yishuv forces gained more and more territory, creating a large scale refugee problem of Palestinian Arabs. Popular support for the Palestinian Arabs throughout the Arab world led to sporadic violence against Jewish communities of Middle East and North Africa, creating an opposite refugee wave. In 1967, Israel conquered still more land. Following the “Six Day War,” in which Israeli forces launched a highly successful surprise attack on Egypt, Israel occupied the final 22% of Palestine that had eluded it, the West Bank and Gaza Strip, in 1948. Since, according to international law it is inadmissible to acquire territory by war, these are occupied territories and do not belong to Israel. It also occupied parts of Egypt (since returned) and Syria (which remain under occupation). Also during the Six Day War, Israel attacked a US Navy ship, the USS Liberty, killing and injuring over 200 American servicemen. President Lyndon Johnson recalled rescue flights, saying that he did not want to “embarrass an ally.” In 2004 a high-level commission chaired by Admiral Thomas Moorer, former Chairman of the Joint Chiefs of Staff, found this attack to be “an act of war against the United States,” a fact few news media have reported. There are two primary issues at the core of this continuing conflict. First, there is the inevitably destabilizing effect of trying to maintain an ethnically preferential state, particularly when it is largely of foreign origin. The original population of what is now Israel was 96 percent Muslim and Christian, yet, these refugees are prohibited from returning to their homes in the self-described Jewish state (and those within Israel are subjected to systematic discrimination). Second, Israel’s continued military occupation and confiscation of privately owned land in the West Bank, and control over Gaza, are extremely oppressive, with Palestinians having minimal control over their lives. Thousands of Palestinian men, women and children are held in Israeli prisons. Few of them have had a legitimate trial; physical abuse and torture are frequent. Palestinian borders, even internal ones, are controlled by Israeli forces. Periodically men, women, and children are strip searched; people are beaten; women in labor are prevented from reaching hospitals (at times resulting in death); food and medicine are blocked from entering Gaza, producing an escalating humanitarian crisis. Israeli forces invade almost daily, injuring, kidnapping, and sometimes killing inhabitants. According to the Oslo peace accords of 1993, these territories were supposed to finally become a Palestinian state. However, after years of Israel continuing to confiscate land and conditions steadily worsening, the Palestinian population rebelled. This uprising, called the “Intifada” (Arabic for “shaking off”) began at the end of September 2000. Largely due to special-interest lobbying, U.S. taxpayers give Israel an average of $8 million per day, and since its creation have given more U.S. funds to Israel than to any other nation. As Americans learn about how Israel is using our tax dollars, many are calling for an end to this expenditure. It is not possible to understand the Israeli-Palestinian conflict without understanding its context. II. Defusing tension in South Sudan Sudan was born in 1956 when it won independence from Anglo-Egyptian joint rule, creating a country that was the largest in Africa and also divided between a largely Muslim north, and a Christian and animist south. Conflict between government forces and southern rebel groups, rooted in divisions over how the new state should be organized, broke out soon after. In 2005, after two civil wars in which more than 2.5 million people died, an agreement was reached for a permanent ceasefire, a joint government, more autonomy for the South, and the guarantee of an independence referendum in 2011. When that referendum was held, 99 per cent of South Sudanese voters chose independence, and the Republic of South Sudan was officially born in July of that year. But the seeds of another conflict had been planted during the struggle for South Sudan's independence. The South Sudanese accused the Sudan government of arming various ethnic groups to sow discord, particularly between the Dinka and Nuer. Historical enmity between the two over resources such as land and water turned into a full-out war after the firing in July 2013 of vice president Riek Machar, a Nuer, by president Salva Kiir, a Dinka. This set off a conflict that, while couched in ethnic terms, was in fact mostly political, according to BBC analysis. Support for Kiir and Machar was not restricted to their respective ethnic groups, and fighting often raged around control of oil, which accounts for 98 percent of South Sudan's budget. "What began as a political conflict between elites that exploited tribal tensions has evolved in the past 10 months into a zero-sum struggle where the exclusion of competing tribal groups from political power has become a principal aim of many protagonists," said a UN Panel of Experts on South Sudan in a January 2016 letter. Of the estimated 1.8 million people who remain displaced from their homes today, 1.35 million are within South Sudan and 453,600 have fled to neighboring countries. Nearly 100,000 civilians are currently sheltering on U.N. bases around the country as South Sudan. Efforts to combat famine have been successful through the end of the year, but humanitarians warn that this requires a Herculean effort. Continuing to sustain that level of response may not be possible if the violence continues. The conditions in Bentiu, the capital of oil-rich Unity state, represent a particularly appalling situation. Families are living knee-deep in water and fighting continues to threaten their safety. Women and girls are at risk of sexual violence, given cramped conditions and the breakdown in social and cultural norms as a result of the violence. There was a short-lived ceasefire in 2014, to allow for peace talks held in neighboring Ethiopia. In August 2015, Kiir, pressured by a threat of UN sanctions, signed a peace deal allowing Machar to return to South Sudan as the vice president in a unity government. This finally happened in April 2016, but Machar was replaced in July as the head of his faction, and sacked from the vice presidency. Hundreds have been killed since, with both sides accused of human rights violations. The United Nations says in its report that those crimes are sanctioned by leaders. "There is clear and convincing evidence ... that most of the acts of violence committed during the war by the Government or by government-affiliated forces, including the targeting of civilians and violations of international humanitarian law and international human rights law, have been directed by or undertaken with the knowledge of senior individuals at the highest levels of the Government," the UN experts wrote. The same is true for the opposition, they added. On the ground, meanwhile, confusion reigns as to who might do anything to stop the bloodshed. The UN maintains a sizeable multinational contingent headquartered in Juba, with more than 10,000 soldiers, currently commanded by an Ethiopian general. Hundreds of people were killed in South Sudan during an outbreak of violence last July and more than 200 people were raped, according to a United Nations report which emphasizes the need for accountability and justice for those human rights violations. The report by the UN Mission in South Sudan (UNMISS) and the UN human rights office (OHCHR) found that throughout the fighting that occurred between 8 and 12 July 2016 between the Sudan People's Liberation Army (SPLA) and the Sudan People's Liberation Movement/Army in Opposition (SPLM/A-IO), “the belligerents blatantly ignored international human rights law and humanitarian law.” “The fighting that erupted in July 2016 was a serious setback for peace in South Sudan and showed just how volatile the situation in the country is, with civilians living under the risk of mass atrocities,” said the UN High Commissioner for Human Rights, Zeid Ra'ad Al Hussein. The report his office co-authored found that SPLA and SPLM/A-IO showed “complete disregard of civilians” continuing to target women and children, and in particular, Nuers with tribal markings on their foreheads, after 12 July, and that six months later, “there remains widespread impunity, as violations continue unabated.” “Information documented and verified by the Human Rights Division suggests that hundreds of people including civilians were killed and many more wounded during the fighting in various areas of Juba,” the report stated. “UNMISS documented 217 victims of rape, including gang-rape committed by SPLA, SPLM/A-IO and other armed groups during and after the fighting between 8 and 25 July. According to victims' testimonies and witnesses' accounts, most cases of sexual violence were committed by SPLA soldiers, police officers and members of the National Security Services (NSS).” UNMISS and OHCHR urge the Transitional Government of National Unity to “break the cycle of violence and impunity,” including through the establishment and operationalization of the Hybrid Court for South Sudan by the African Union. The report also recommends that the State ensure that all victims of human rights violations and abuses, as well as violations of international humanitarian law, have access to an effective remedy, just and fair reparation, including compensation and rehabilitation. In August of last year, Zainab Hawa Bangura, the Special Representative of the UN Secretary-General for Sexual Violence in Conflict, urged the South Sudanese Government to protect its citizens. “The women and children of South Sudan do not deserve [to be treated like] this,” Ms. Bangura told UN Radio Miraya. “Those who think they will get off 'scot-free' must be joking because we will go after them. It doesn't matter who they are or where they are. We will go after them and hold them accountable for these crimes.” The raid, on July 11, came after days of clashes in Juba between the two sides. According to Human Rights Watch, civilians were targeted too, and rape and looting were commonplace — most, according to the watchdog group, by government troops. The conflict has claimed the lives of more than 50,000 people since December 2013, according to a UN official, left more than 2.5 million displaced, and made it difficult for half the population to find food. The civil war in South Sudan is flaring up again, and the security situation in the country is becoming more dire by the day. Reports are surfacing of increasing brutality against civilians caught between the government and opposition fighters, who are divided largely along ethnic lines. In July 2017, troops loyal to President Salva Kiir raided a compound housing foreign aid workers in the capital Juba. They beat and raped residents and killed a local journalist, all while United Nations peacekeepers less than a mile away did nothing even after being called to help. That's according to a chilling report from the Associated Press. At a glance, the conflict would seem to be a war between the two biggest ethnic groups in South Sudan, the Dinka and the Nuer. The journalist killed in the compound raid, for example, was shot immediately after being identified as a Nuer by Dinka soldiers. And, indeed, a United Nations report says that "tribal fissures" are "deepening" in South Sudan; the army, military intelligence, and other security organs are "increasingly dominated by members of the Dinka tribe." But the civil war has its roots in a conflict that began decades ago and touches on control of land and natural resources, including a vast oil wealth. When South Sudan gained independence from Sudan in 2011, it got most of the oil fields, while Sudan controlled the means of exporting the oil, setting the stage for a war that has often focused on oil-producing areas. On August 27 2015 the leaders of the world’s youngest country signed an Agreement designed to bring to an end its devastating civil war. At independence in 2011, hopes were high that South Sudan’s oil wealth would help provide the development its citizens had been denied by 30 years of conflict. Instead, fewer than three years later, mismanagement and looting of this resource stoked the acute grievances which led the country back to war. The Peace Agreement recognises that for there to be a sustainable peace in the country, the Transitional Government must fundamentally overhaul the way the state is run— including, critically, how oil dollars are collected, accounted for and spent. The Peace Agreement is a 30 month reform program which seeks to create a transparent and accountable South Sudanese state by 2018. The Agreement is ambitious and broad with 28 different provisions relating to oil management alone. III. The situation in Mali The landlocked West African country of Mali experienced rapid economic growth after the 1990s, coupled with a flourishing democracy and relative social stability. After independence from France in 1960, Mali suffered droughts, rebellions, a coup and 23 years of military dictatorship until democratic elections in 1992. In 2013, France intervened militarily upon the government's request following the capture of the town of Konna and its troops overran Islamist strongholds. The north remains tense, however, with both Tuareg separatists and Islamists sporadically active. Mali is self-sufficient in food and is also one of Africa's major cotton producers. A chronic foreign trade deficit makes it nonetheless heavily dependent on foreign aid and remittances from Malians working abroad. The human rights climate in Mali worsened as a result of a significant increase in violence and a marked deterioration in security, notwithstanding last June the signing of a peace agreement envisioned to end the military and political crisis in the north. Attacks and violence progressively spread from the north into several southern regions and the capital, Bamako. Throughout the year there were frequent incidents of banditry and rampant criminality; clashes between armed groups; and deadly attacks by armed Islamist groups on United Nations peacekeepers, Malian government forces, and to a lesser extent, civilians. The violence severely undermined the delivery of humanitarian aid. Government forces responded to the attacks with military operations that on several occasions resulted in arbitrary arrests, executions, torture, and other mistreatment. Malian authorities made scant effort to investigate and hold accountable those implicated in serious abuses committed during the 2012-2013 armed conflict. The release in 2015 of some 70 men from detention, including some implicated in serious violations, raised concern of a de facto amnesty. Rule of law institutions countrywide were weak, in part due to unprofessional practices, such as the solicitation of bribes, and inadequate budgetary allocations for the criminal justice system. Corruption, endemic at all levels of government, further impeded Malians’ access to basic health care and education. There was little progress in security sector and justice reform or in addressing development challenges, such as the delivery of basic healthcare and education. Concerns about the deteriorating security situation and the movement, caused by armed groups allegedly linked to Al Qaeda, generated sustained diplomatic interest in Mali. The French government played a key role in military matters, the European Union (EU) on training and security sector reform, and the UN, through the Multidimensional Integrated Stabilization Mission in Mali (MINUSMA), on rule of law and political stability. Throughout 2015, armed groups linked to Al-Qaeda, along with opposing ethnic Tuareg and Arab groups, engaged in numerous clashes and attacks on Malian soldiers and neutral peacekeepers, and to a lesser extent, on aid workers and other civilians. Many civilians were wounded or killed either in these attacks or by landmines and improvised explosive devices on major roads. Groups arbitrarily detained and often mistreated combatants from opposing sides. The attacks by Islamist armed groups increased in the north and spread into central and southern Mali. Attacks occurred in Mopti, Segou, Sikasso, and Koulikoro regions as well as Bamako, where Islamist assailants killed in March five people in an attack on a nightclub, and at least 18, including many foreigners, during an attack in November on an upscale hotel. An attack in August on a hotel in the army garrison town of Sevare, in central Mali, killed five civilians including four UN contractors. These groups executed at least 13 civilians accused of being informants for the government, the majority in central Mali. In 2015, there were at least 30 attacks by armed men on humanitarian agencies, hampering their efforts to deliver aid. In March, a driver with the International Committee of the Red Cross was killed when their clearly marked truck was ambushed by an Islamist armed group. At least 10 UN peacekeepers were killed in 2015 after being deliberately targeted by Islamist armed groups, bringing the number to 42 killed since MINUSMA’s creation in 2013. Armed groups took responsibility for many of these attacks, including an attack in July that killed six peacekeepers from Burkina Faso. Government forces committed numerous violations against suspected supporters and members of Islamist armed groups. Violations included arbitrary detention, torture and other ill-treatment, and extrajudicial execution. The most frequent and serious abuse was meted out by army soldiers and members of the progovernment militia Groupe Autodéfense Touareg Imghad et Alliés (GATIA), largely targeting men from the Peuhl and Tuareg ethnic groups. In May, GATIA militiamen allegedly executed six Tuareg men including a humanitarian worker in the northern village of Tin Hamma. The abuse usually stopped after detainees were handed over to government gendarmes, who increasingly fulfilled their mandated role as provost marshal. The government made little progress in holding to account those from all warring factions responsible for law-of-war violations committed during the 2012-2013 armed conflict. With few exceptions, judicial authorities failed to investigate over 100 complaints filed by victims and family members. Moreover, the 2012 torture and enforced disappearance of 21 elite “Red Berets,” which in 2013 and 2014 resulted in charges against some 25 soldiers, including former coup leader Gen. Amadou Haya Sanogo, had failed to move past the investigations phase. During 2015, the authorities freed at least 74 detainees, including several allegedly implicated in serious international crimes during the 2012-2013 armed conflict. The releases, characterized by the government as a “confidence-building measure” in the context of negotiations, were carried out without regard to whether the men might have been responsible for serious crimes. The peace accord lacked provisions to address impunity and the need for justice for serious crimes committed by all sides during the conflict. On September 18, the International Criminal Court (ICC) issued its first arrest warrant in the context of its Mali investigation. On September 26, Ahmad Al Mahdi Al Faqi was surrendered to the ICC from Niger after being charged with the destruction of historical monuments, the first case of its kind before the ICC. In July 2012, Mali, a state party to the ICC, referred “the situation in Mali since January 2012” to the ICC prosecutor for investigation. In 2014, President Ibrahim Boubacar Keïta established the Truth, Justice and Reconciliation Commission by executive order. The Commission will have a three year mandate, covering the period from 1960 to 2013. It is to consist of 15 members and seven working groups. It will function under the Ministry of National Reconciliation and Development of the North. In August, the government appointed Ousmane Oumarou Sidibé as Chair of the Commission; however, his appointment and the credibility of the body were limited due to the government’s failure to consult sufficiently with a wide variety of stakeholders on the Commission’s membership, mandate powers, and degree of independence. During 2015, there was some progress in ensuring access to justice for residents of the northern Timbuktu, Gao, and Kidal regions, demonstrated by the continued rehabilitation of local courthouses and jails and the redeployment of prosecutors, judges, and judicial police who had fled during the armed conflict. Their ability to conduct investigations outside major towns was limited by the precarious security situation. Some judicial and corrections personnel fled their posts in central Mali after attacks by armed groups. Neglect and mismanagement within the Malian judiciary countrywide led to striking deficiencies, including insufficient staffing and logistical constraints. These shortfalls hindered efforts to address impunity for perpetrators of all crimes, contributed to violations of the right to due process, and led to incidents of vigilante justice. For example, in March, two children suspected of planting an explosive device near a police station in Gao were beaten to death by a mob. Due to the courts’ inability to adequately process cases, hundreds of detainees are held in extended pre-trial detention in overcrowded jails and detention centers. Sitography Security Council United Nations http://www.un.org/en/sc/ I. The Israeli-Palestinian Conflict The Huffington Post http://www.huffingtonpost.com/alon-benmeir/the-israeli-palestinian-c_b_13333172.html Vox http://www.vox.com/cards/israel-palestine Jewish Voice for Peace https://jewishvoiceforpeace.org/israeli-palestinian-conflict-101/ II. Defusing tension in South Sudan The New York Times http://www.nytimes.com/2011/05/29/world/africa/29sudan.html Africa – News and Analisys https://africajournalismtheworld.com/tag/sudan-south-sudan-conflict/ Voa News http://www.voanews.com/a/south-sudan-security-human-rights-obasanjo-ethnic-conflict/2463849.html News Week http://europe.newsweek.com/renewed-fighting-south-sudan-civil-war-479219?rm=eu Office of the High Commissioner – United Nations Humar Rights http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=20757&LangID=E CNN http://edition.cnn.com/2016/12/15/opinions/south-sudan-genocide-looming/ III. The situation in Mali UN News Center http://www.un.org/apps/news/infocusRel.asp?infocusID=150 Security Council Report http://www.securitycouncilreport.org/monthly-forecast/2016-01/mali_20.php International Criminal Court https://www.icc-cpi.int/itemsDocuments/SASMaliArticle53_1PublicReportENG16Jan2013.pdf Relif Web http://reliefweb.int/report/mali/report-secretary-general-situation-mali-s2016819 Geneva Centre for Security Policy http://www.gcsp.ch/Events/The-situation-in-Mali-and-in-the-Sahel-What-are-the-options-for-a-sustainableexit-from-the-crisis The Brocker http://www.thebrokeronline.eu/Articles/Sahel-Watch-a-living-analysis-of-the-conflict-in-Mali
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