chapter 5: human rights global governance Flashcards
(68 cards)
Timeline: What was the first instance of international law over HRs? Why is this significant?
-Nuremberg Trials, 1945-6.
-Traditionally, the rights of individuals were relative to the government that they lived under.
-This was the first time that these Westphalian principles had been challenged, and set the precedent for an international standard of HRs.
Timeline: What legislation/charters came into place after WW2?
-UN Charter, 1945. This established the UN as a forum through which dispures can be resolved, and HRs affirmed.
-UDHR, 1948. This was the first international, and universal set of human rights. This provided the basis for future International Covenants (ie 1951 Refugee Convention).
-Genocide Convention, 1948. Outline what a genocide is, and how it should be tried in courts.
Timeline: List some later UN legislation, 1979+.
-1979: Discrimination Against Women Convention.
-1984: Convention on Torture.
-1989: Children’s convention + Indigenous People’s Convention.
-1990: Convention on Migrant Workers.
-2006: Convention on Persons with Disabilities.
Timeline: When was the UN Commissioner established?
-The UN High Commissioner for Human Rights was created in 1993. This position was created with the aime of promoting & securing HRs.
-It has strong moral power, but little coercive.
-From 2018-2022, Michelle Bachelet, former president of Chile, held this position. In 2019, she said, “A world with diminished human rights is a world that is stepping backwards into a darker past.”
Timeline: What have NGOs done?
-Groups like Amnesty International, HR Watch, & Save The Children work to raise awareness of HRs abuses.
-In 2020, HRW’s annual report critiqued China’s disregard for human rights, saying that it “Poses an existential threat to the international human rights system.”
-In 2021, Human Rights Watch called for an immediate investigation into the way that Trump supporters had been able to storm Congress. They argued that Trump should be held to account for his ‘reckless campaign’ to ‘undermine the democratic process and rule of law’.
ICJ: What is it? What’s its purpose?
-Judicial agency of the UN. They settle disputes between member states. It is based in the Hague.
-Made up of 15 judges who represent the “main forms of civilization and the principal legal systems of the world.”
-States submit legal disputes, and the ICJ provides advisory opinions on legal questions submitted by organisations.
-All UN member should ‘comply’ with the ICJ’s decision, and the UNSC can be used to enforece decisions if they don’t.
-Mainly deals with territorial disputes, rather than human rights abuses.
ICJ: Name some successes.
-1992: Settles border dispute between El Salvador & Honduras.
-2002: Settles dispute over an oil-rich penninsula between Nigeria & Cameroon.
-2012: ICJ decided that Senegal should put former president of Chad, Hissene Habre, on trial for crimes against humanity and torture. He was imprisoned for life in 2016.
-2019: India accused Pakistan of breaking international law by not allowing consular access to Kulbhushan Jadhav, and Indian naval officer, convicted of spying in Pakistan. India won, and Pakistan agreed that “as a responsible state, Pakistan will grant consular access.
ICJ: Why has the ICJ been undermined?
-Liberal principles often conflict with state egoism.
-Cannot initiate cases and can only try cases that are presented to it.
-States are able to choose whether or not they are subject to the decisions of the court by signing an optional clause (in 2021, only 74/193 ICJ members had signed up to it).
-UNSC Veto means that, while there is a threat of intervention, it is unlikely to actually take place.
ICJ: List some ICJ failures.
-1980: Iran refused to acknowledge ICJ sovereignty when the US brought a case against it for seizing the US embassy in Tehran in 1979.
-2010: ICJ delivered the advisory opinion that Kosovo had been legitimately able to declare independence from Serbia in 2008. This decision was not welcomed by Russia/Serbia.
-2019: ICJ issues the ruling that the UK should return the Chagos Islands to Mauritus. The UK refuses this ruling, and no further action was taken until 2024 (still not fully returned).
-2020: ICJ ordered the government of Myanmar to take all necessary measures to stop genocide against the Rohingya Muslims. Ayun San Suu Kyi, Myanmar’s leader, stated that the issue was an “internal armed conflict.”
UN Tribunals: What are they? What are their purpose?
-After growing concern about how we should deal with genocides/war crimes, these tribunals were established.
-They are a UN agency that tries heads of state for war crimes, they set the precedent for the establishment of the ICC.
-Aims to punish and bring justice to those guilty of HRs abuses.
-Develop liberal principle of global community, that will no longer tolerate abuse of citizens. Establish legal principle that international courts can try heads of states for cimes in their country.
UN Tribunals: When was the first? Where was it? What happened?
-First UN Special Tribunal was for former Yugoslavia, and took place in 1993. This was the first international court since the Nuremberg Trials.
-By the time it closed in 2017, 90 war criminals, from soldiers to senior figures, had been convicted and sentenced.
-This included Radovan Karadzic, the former president of Bosnian Serb Republic, who was sentenced to 40 years for the Srebrenica Massacre. When he appealed in 2019, it was increased to life.
-This Tribunal was also important as it helped publicise the atrocities of the conflict, so people are unable to deny them.
UN Tribunals: What happened with Cambodia? When was it?
-Took place in 1997, with both Cambodian and international judges. It was set up to try the surviving members of the Khmer Rouge government, who had been responsible for the deaths of 2million.
-Life sentences were given to Nuon Chea (chief political ideologist), Kaing Guek Eav (head of the S21 mass killing centre), and Khieu Samphan (former head of state).
-The trial helped young Cambodians understand what had happened under their government (1975-9), and almost 100,000 people attended the hearings.
UN Tribunals: What happeed with Rwanda? When was it?
-Opened its first case in 1997, to try those involved in the Rwandan genocide that led to the deaths of 800,000 Tutsi.
-61 people were convicted as complicit in genoide, including former PM, Jean Kambanda.
-The tribunal was almost important as it developed international law by setting the precedent that rape could be used to perpetrate genocide.
UN Tribunals: What happened with Sierra Leone? When was it?
-Held in 2002, to try those involved in atrocities during the 10-year Civil War.
-50,000 had died in the conflict, by the time Britain intervened in 1999.
-In 2012, Liberian president, Charles Taylor, was sentenced to 50 years’ imprisonment for complicity in the civil war’s atrocities.
-14 others were also imprisoned, including Issa Sesay, the commander of the Revolutionary United Front, who was sentenced to 52 years in prison.
UN Tribunals: What are some limitations?
-Tribunals have often been accused of pursuing ‘Victor’s Justice’.
-The Tokyo Tribunal, after WW2, was led by the US, who were just as complicit in war crimes as Japan had been, due to their use of atomic bombs. The British destruction of Dresden, too, faced no repurcussions.
-More recently, NATO-bombing of Serbia has been criticised during the 1999 Kosovo War. The deliberate bombing of Serb Radio/Television led to deaths of 16 civillians, yet they faced no consequence.
-Saddam Hussein was not tried by an international court. Instead, Iraq, who were able to give the death penalty, were permitted to lead his investigation.
ICC: What is its purpose?
-Post-Cold War, many, including Kofi Annan, agreed that a permanently-sitting HRs court was necessary, as a reminder of the permanance of international justice.
-In 1998, the Rome Statute created the ICC, which would try heads of state, when nation governments would not.
-In 2002, ICC was established at the Hague, for the “most serious crimes of concern to the international community.”
ICC: What are some successes?
-By 2021, they had had 8 convictions.
-2012, Thomas Lubanga Dyilo was conviction for HRs abuses in the DRC, particularly the use of child soldiers. He was released in 2020.
-2014, Germain Katanga, a Congolese warlord, was sentenced to 12 years for crimes during Congo’s civil war.
-2016, Ahmad Al-Madhi was sentenced to 9 years for destroying historic sites & artifacts in Mali. This was important for the development of the concept of ‘cultural terrorism’.
-ICC has also launched investigations into Afghanistan & the Gaza Strip.
ICC: What are some of their failures?
-3/5 UNSC members are not signed up to the Rome Statute. India also aren’t, which means 70% of the world’s population are not under their jurisdiction.
-In 2021, only 123 states had ratified it.
-Had to drop the 2007 prosecution of Kenyan president, Uhuru Kenyatta.
-ICC has only ever convicted Africans.
-2017, Burundi withdrew from ICC.
-2016, Putin withdrew his signature after criticisms over Crimea.
-The Philippenes withdrew in 2019 after the ICC began to investigate deaths associated with President Duerte’s War on Drugs.
ECtHR: What is the purpose of the ECtHR? When was it established?
-1949, Council of Europe established, aiming to promote human rights, & rule of law in Europe. In 1950, it was responsible for the ECHR.
-1959, ECtHR was established, aiming to uphold the ECHR.
-It is made up of 47 judges, one for each council member, and sits in Strasbourg.
-European states and individuals can apply to the court in cases where they feel that human rights have been abused.
ECtHR: What are some of their successes?
-Beizaras and Levickas v Lithuania (2020). 2 gay men posted a picture of them kissing on facebook, which provoked violent criticism. Lithuanian authorities decided not to launch an investigation, as the men’s actions had been “eccentric.” ECtHR declared that they were in violation of article 14.
-Buturuga v Romania (2020). Ms Buturuga claimed that she had suffered domestic violence from her husband, which was dismissed by Romanian courts. ECtHR stated that Romania had failed to recognise Buturuga’s right to not be subject to Article 3.
-2020, Azerbaijan Supreme Court quashed the 2014 conviction of opposition politician, Ilgar Mammadov, after ECtHR declared it was based soley on his criticisms of the government.
ECtHR: What are some of their failures?
-Sejdic-Finci case (2009), the ECtHR ruled that Bosnia-Herzegovina’s constitution was discriminatory, as it stated that only Croats, Bosniaks, and Serbs could be elected to public office. This has not been changed.
-2017, ECtHR stated that the conviction of Alexei Navalny for money laundering and fraud was “arbitrary and unfair.” Navalny died in prison in February 2024.
-2020, Council of Europe expressed “profound concern” that the UK had not reopened cases involving killings carried out by the security services in Northern Ireland.
-2021, 2 ECtHR judgements declared that Russia had committed war crimes in its 2008 war with Georgia, and that 2014 Crimea was illegal. Moscow has ignored this
ECtHR: Why has ECtHR been unsuccessful?
-Nils Muiznieks, former Council of Europe’s Commissioner for Human Rights, said that “Our work is based on cooperation and good faith. When you don’t have that, it’s very difficult to have an impact.”
-Essentially, they lack coercive power, so cannot enforce their judgements.
Enforcement: What three factors make it difficult to enforce an international standard of human rights?
-State sovereignty.
-Different culture (and therefore cultural attitudes to what is a human right).
-Problems with powerful states.
Enforcement: What is the issue with state sovereignty? Give some examples.
-Values of universal human rights conflict with ideas of states sovereignty, which dictate that states determine the legality of everything that happens within their borders.
-This means that international law, like the UDHR, is purely soft. The fact that states are not equally accountable, implies that a universal standard of HRs cannot be achieved.
-UNSC resolution censures Israel in 2016 for building settlements in occupied territories. Netanyahu responded saying that they would continue.
-Saudi Arabia has faced lots of criticism. In 2015, Raif Badawi, a blogger, was sentenced to 1,000 lashes and 10 years in jail for ‘insulting Islam’. They also legally equate atheism with terrorism. Saudia Arabian ambassador to the UN said, “if that doesn’t please someone here or there, that’s their problem, not ours.”