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Politics > 3- Global Governance: Human Rights > Flashcards

3- Global Governance: Human Rights Flashcards

1
Q

Human Rights: Origins of international law and its adherence/trials

A
  • adherence to based upon the principle of reciprocity- if an NS obeys so will rest
  • nuclear proliferation of weapons
  • Nuremberg trials 1945
  • trials established HR approach
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2
Q

Universal declaration of HR

A
  • universal inherence: everyone is born w
  • law: conflicts must be resolved with law
  • 1966 - international covenant civil, exonomic, social and cultural rights
  • UN commission of HR 1993
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3
Q

NGO’s and their Roles

A
  • amnesty international
  • red cross/HR watch/save the children
  • use internet to cover HR crises
  • HR watch publishes annual report
  • monitors countries track record
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4
Q

International court of Justice

A
  • established in 1945 under UN charter
  • 15 judges
  • Article 94: UN says all members must comply w court
  • if no comply UN can take to UNSC
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5
Q

ICJ Successes

A
  • 1986 - border dispute Burkina/Mali
  • 1992 - el Salvador and Honduras
  • 2002: Nigeria and Cameroon dispute over oil peninsula
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6
Q

ICJ weaknesses

A
  • cannot initiate causes has to be presented by states
  • UNSC - 5 memb can veto/no pass
  • only prosecutes Africa not west
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7
Q

ICJ Failures - more examples

A
  • 1984 - USA refused to accept of Nicaragua and the contra rebels
  • 2012 - Columbia would no longer recog rulings of ICJ
  • 2015 - Japan continued whaling near Australia despite ruling
  • realists : nothing more powerful than NS
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8
Q

UN and special tribunals

A
  • war of 1990’s ie. Rwanda/Bosnia
  • UNSC authorised 4 tribunals
  • aims: bring justice/try the HOS, develop liberal ideas/broadcast horrors of war
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9
Q

Examples

A
  • Bosnian genocide - 1992 - Radovan Karadzic/scentenced 40 yrs/ 83 convictd
  • cambodia 1975-79/ 1997 tribunal
  • Rwandan genocide - 1994 against Tutsi ppl /61 ppl convicted
  • sierra lonne - 2002 special court/50k killed/ imprisoned for 25yrs
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10
Q

Limitations of international tribunals

A
  • Nuremberg Trials only prosecuted Germany- not USA hiroshima/nagasaki- 100k killed and generational effects
  • neocolonialism- only in Africa?
  • saddam hussein never tried by hanged
  • 2016 - china refused to attend tribunal in phillipines about shoal isl expnasion
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11
Q

International criminal court 1998

A
  • court of last resort
  • ratified by 124 states
  • 2012 congolese warlord 14 yrs/HR abus
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12
Q

ICC limitations

A
  • only 120 voted in favour -lacks global scope
  • China,Russia,USA dont accept ruling on internal affairs
  • no coercive power of its own
  • institutionally rasict as only Africa indicted - Sudan/Kenya refused to coop
  • big countries undermine ct
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13
Q

ECHR - European Convention of Human Rights

A
  • established jn 1959
  • compliance w 90% of judgements
  • condemned abuses Russia(Chechnya)
  • holds EU states to accounts
  • can be sanctioned if not compliant
  • NS are sovereign can ignore rule
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14
Q

HR and Sovereignty

A
  • realists - state determines HR extent
  • liberals - HR is universal
  • UNHCR is soft law as no military/sov
  • Israel continued to build settlements in occupied territory
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15
Q

Accountability of the state

A
  • Russia ICC 2016 withdraw frm treaty
  • USA Guantanamo Bay - 33 still there - 27 never charged held for 20+ yrs/ made outside of law - promise by pres to abolish but not done
  • china - minorities in Uyghurs
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16
Q

Humanitarian intervention

A
  • international community must intervene to protect HR
  • Gulf war - UNSC passed res to kill Saddam w/o trial/ Kuwait
  • Somalia - 1992 28k troops sent to end starvation
17
Q

Humanitarian intervention: Succeses

A
  • Kosovo - 50k NATO troops to help
  • East Timor wanted indep from Indonesia/ ref 78% so gained indep
  • Blair sent military to vacate foreign nationals / Sierra Lonne - pres Charles Taylor convicted of war crimes
18
Q

Humanitarian intervention: Failures

A
  • Somalia 1992- troops seen as occupying force
  • Afghanistan 2001-20/2016 chilcot enq.
  • Iraq War - no WMD
  • Libya failed state - ISIS
19
Q

Violation of human rights

A
  • Kashmir: 11000 women raped by Indian officials
  • China/Uyghur genocide
  • Iraq, Falkland, Chaco all oil wars
20
Q

USA HR council

A
  • Withdrew from UN council of Human Rights

- Trump quit ‘biased’ council

21
Q

USA violation of rights

A
  • Guantanamo Bay prison - 39 still held with 27 never charged with a crime/made ‘outside’ of the law in Cuba/Waterboarding methods of torture employed
  • Obama ‘sad chapter in US history’
  • Ilegall airstrikes in Syria 2008
  • Iraq war - 1 mil
  • 12 mil indigenous ppl killed
22
Q

Nuclear

A
  • Hiroshima
  • Nagasaki
  • led to radiation induced cancers/mutations
  • Taiwanese government built a nuclear waste disposal site on the Island without the awareness of the indigenous people in 1982 on Orchid island

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