Global governance- HRs Flashcards
(28 cards)
1
Q
adv of international law
A
helped govern international relations since risk of nation-state
= reinforce principle of reciprocity= if one state obeys laws, others are more likely to follow and secure global security
2
Q
disadv of international law
A
- non-binding= no guarantee states will abide
3
Q
first frameworks of legal HRs
A
- 1948 UDHR made after WW2= not legally binding but still introduced universal framework to set the standard for HRs protection
- 1948 convention on the prevention and punishment of the crime of genocide= prompted by horrors of holocaust= treaty define genocide as a crime under international law
- 1950 ECHR created legally binding HRs system that allowed individuals to file complaints against states
= enforceable regional HRs mechanisms - CEDAW 1979= convention targeted gender discrimination
= mandated measures for equal treatment of women across societal and political life
4
Q
realist POV on international law
A
- argue international law ‘is not real’ law because it isn’t enforceable and relies on voluntary state compliance
- international relationships driven by national interests with states to max their power
- powerful states can often ignore international law wo facing significant consequences as there no superior authority to hold them accountable
5
Q
liberal POV on international law
A
- successful in shaping state behaviour through moral message and diplomacy
- contributes to rule based international order= states recognise adherence to these rules that benefit them in the long term
6
Q
roles of ICJ
A
- primary role is to promote peaceful resolution and contribute to development of international law
- settles disputes= when one case is brought to them they reach binding decision for states to all comply
- only states can be a member
- issues advisory opinions @ request of UN general assembly, security council and there UN agencies
= these options are non-binding but carry moral weight to clarify international law and guide actions of UN and member states
7
Q
disadv of ICJ
A
- effectiveness is limited by the fact that states must consent to its jurisdiction for disputes to be heard and rulings to be enforced
= if state refuses to recognise court’s authority there’s barely any mechanisms to force compliance - advisory opinions are non-binding
= states can ignore them wo facing legal consequences
= undermines court’s ability to act as decisive force in resolving international conflicts or holding states accountable for violations of international HRs law - only deals w cases between states and doesn’t have jurisdiction over individuals
= limits its direct impact on holding perpetrators of HRs abuses accountable
= ICC is more effective in prosecuting individuals
8
Q
key disadvantage ICJ cases
A
- Mynamar and rohingya muslims 2019
= Gambia brought case against mynamar to ICJ= accused of committing acts of genocide against Rohingya muslim population
= ICJ issues provisional ruling in 2020 ordering Myanmar to take immediate action to protect muslims and prevent further harm
BUT there was limited compliance from Myanmar’s gov= limited enforcement - russia and ukraine 2022= response to Ukraine’s claim of genocide= ICJ issued an advisory opinion that ordered russia to immediately halt it’s military action in Ukraine
BUT despite the ruling, russia refused to comply and continued it’s invasion
= argued that claims of genocide were baseless= limitations of ICJ enforcement powers as it relies on state cooperation - after 9/11, US launched war on terror leading to military interventions and extensive anti-terrorism measures
= reports surfaced of HRs abuses like torture and indefinite detention @ facilities like guanantoma bay which raised concerns on international law
BUT no case for brought against ICJ
9
Q
key adv ICJ cases
A
- Costa Rica and nicaragua 2018= territorial dispute over san Juan river, ICJ ruled in favour of costa rica
= required nicaragua to compensate for environmental damage
= both countries complied with ruling= show court’s ability to resolve environmental and territorial issues - 2022 democratic Republic of Congo v Uganda
= case regarded Uganda’s military int in democratic republic of Congo during late 1990s
= ICJ ordered Uganda to pay $325 mil in reparations to DRC for damage caused by violations of international law like HRs abuses and illegal exploitation of resources
= uganda complied w judgement
10
Q
roles of ICC
A
- can initiate investigations and prosecutions based on referrals from member states
- victims can contribute their views and concerns during hearings
= victim may receive reparations after conviction
= underscores ICC’s commitment to justice for people directly affected by HRs abuses etc
11
Q
describe ICC
A
independent judicial body established to prosecute individuals for most serious offences of concern to international community like genocide, war crimes and crimes against humanity
= created through 1998 Rome statute
= focuses specifically on individual criminal accountability
12
Q
ICC has limited influence
A
- depends on cooperation of member states to execute arrest warrants and facilitate investigations= wo this, apprehending suspects can be challenging
= Omar al bashir (former president of Sudan) avoided arrest for years despite ICC indictment of crime during Darfur conflict because countries like South Africa and Kenya refused to enforce a warrant when he entered the countries - 70 states haven’t signed Rome statute e.g. US, china and Russia
= undermines court’s universal mandate
= ICC issued an arrest warrant for Putin in March 2023 over the unlawful deportation of Ukrainian children but not arrested as Russia is not a party to the Rome Statute and countries that maintain diplomatic or strategic relations with Russia are reluctant to enforce the warrant - disproportionately targeted members from weak or developing states in Africa despite HR abuses occurring globally
= 2023, 31 individuals indicted by ICC were African nations like Uganda and Libya
= resulted in African states threatening to withdraw from ICC due to allegations of bias
13
Q
ICC has influence
A
- holds perpetrators of war crimes directly accountable= significant deterrent against future violations
- successful convictions of ppl who committed war crimes
= secured convictions against 10 individuals= all sentenced to imprisonment
e.g. Thomas Lubanga convicted 2012 for recruiting child soldiers and Dominic Ongwen convicted 2021 for muder and sexual enslavemnt - in 2023 and 2024, ICC convicted countries other than africans
= 2023 issued arrest warrant on Putin for war crimes related Ukraine war
= able to do this as events occurred in Ukraine which is a member
AND issued arrest warrants for Israeli PM Benjamin Netanyahu and other hammas leaders for war crimes and crimes against humanity in Gaza
= able to do this as Palestine terrorises signed Rome statue
14
Q
ICC case studies
A
- 2018 investigation into phillipines president Rodrigo dutere for crimes against humanity due to “war on drugs” which ended up with thousands of killings permitted by dutere himself
- ICC faced limitations in holding Chinese Xinjiang population accountable to crimes against Uyghur muslims= reports of mass detentions and and severe HRs abuses
= ICC unable to make formal investigation and warrant as China isn’t member of Rome statute
= ICC cant hold account unless cooperation of Chinese gov occurs= limitation of dependence on state membership - 2012, ICC secured first ever conviction of Thomas lubanga former leader of the Congolese patriots in the democratic republic of congo= found guilty of war crimes and conscripting child soldiers= sentenced to 14 years in prison
15
Q
describe ECHR
A
international court established to oversee enforcement of ECHR
= primary role is to ensure member states uphold civil and political rights enshrined in the convention
= has jurisdiction over member states of council of Europe (46 countries) and non EU states like UK and turket
16
Q
ECHR powers
A
- individuals and non state organisations can directly bring cases against states for violations of their rights under the convention ECHR
= empowers citizens to hold Govs accountable for HRs breaches - can hear cases from one state against another
- decisions of ECHR are binding and member states required to comply with court’s rulings
17
Q
ECHR has limited influence
A
- enforcement depends on political will and cooperation of member states e.g. non compliance of Russia
18
Q
ECHR has influence
A
- shapes HRs law across Europe= judgements have promoted legal and policy reforms in member states
= improving freedom of speech, fair trials and prohibitions against HRs abuses - ability to hear individual reports and complains ensures accountability which is unique amongst international courts
19
Q
ECHR case studies
A
- Goodwin v UK 2002= UK’s failure to recognise a transgender woman’s gender reassignment violated her rights to respect private life (article 8) and to marry (article 12)= after judgement, UK implemented significant legal reforms like gender recognition act 2004 which allowed transgender individuals to obtain legal recognition of their gender
= ECHR’s role in advancing LGBTQ+ rights - Siliadin v France 2005= ECHR ruled France failed to protect a young Togolese girl who was subject to forced domestic labour violating article 4 of ECHR which prohibits forced labour and slavery
= case raised awareness of modern slavery within Europe and forced member states to strengthen their legislation on this issue
= France revised laws with stronger protections against forced labour - Russia’s non compliance with w ECHR judgements have been a recurring issue= limitations of court’s enforcement= refusal to comply w ECHR rulings
- Hirst v UK 2005= ECHR rules blanket ban on prisoner’s voting rights was a violation to right to free elections under article 3 of ECHR
= UK still failed to introduce voting rights to prisoners= limits of influence due to non-compliance
20
Q
describe international tribunals
A
- judicial bodies established to address serious violations of international law like war crimes and genocide
- tribunals created through UNSC or international agreements
- investigate crimes, conduct trials, issue judgements and impose sentences
- primary function of tribunals is to promote justice, uphold accountability and contrite to peace
21
Q
major tribunal case studies
A
- special court for Sierra Leone established in 2002 through agreement between UN and gov of Sierra Leone= SCLSL prosecuted those responsible for war crime sin Sierra Leone civil war by blending international and national law
- international criminal tribunal for Rwanda formed in 1994 under UNSC resolution 955 in response to genocide in Rwanda
22
Q
tribunals are effective
A
- achieve justice and accountability by prosecuting high profile individuals that have committed HRs violations
- acts as a deterrence by making it clear HRs abuses result in prosecution
- crucial role in developing international law by establishing important legal definitions and principles
= ICTY helped codify definition of crimes like genocide
23
Q
tribunals are ineffective
A
- bias and argue international tribunals focus on specific conflicts while failing to address other like allies
- expensive and slow
= ICTR was operational for over 20 years, delaying justice for victims - can issue warnings but rely on member states for enforcement e.g. arresting suspects
= ICTY failed to apprehend Ratko Mladic until 2011 (under his command, Bosnian Serb forces killed more than 8,000 Bosnian Muslim men and boys= classed as genocide) as he was protected by nationalist sympathisers in Bosnia and Serbia
24
Q
tribunals case studies
A
- international criminal tribunal for former Yugoslavia made to address serious crimes committed during the balkan conflicts of 1990s= convicted 90 war criminals
= ICTY charged former president karadzik w 40 years in prison for orchestrating Srebrenica massacre where over 8,000 Bosnian men and boys were killed
= held power figures accountable - ITC of Rwanda made in 1994 to prosecute those responsible for 1994 genocide of 800,000 lives in 100 days= mayor jean Paul akayasu convicted of harms against humanity and acts of sexual violence= first case to establish rape can constitute as an act of genocide
= influenced how gender based violence is prosecuted in context of mass atrocities
= highlighted importance of accountability in post conflict justice
25
sov reduced effectiveness of HRs law
- realists argue that state sov stops HRs law being effective as it relies on international states to accept rulings and implement suggestions of international courts
- states primarily self interested so likely to refuse or enforce rulings against themselves
- ICJ, ICC and ECHR can issue 'binding' rulings BUT they have no real power to enforce these rulings if state doesn't decide to comply due to importance of state sov in UN= cant force a state to arrest someone if the state itself refuses
- powerful states retain sov while ignoring it meaning its only really effective in weaker states due to international pressure and potential repercussions
- most powerful states like Russia, china and US didn't sign Rome statute so ICC cant prosecute their leaders for war crimes
26
sov doesn't reduce effectiveness of HRs law
- liberals argue enforcement is justified as it prioritises protection of HRs over absolute power of state sov= HRs are universal and must be protected even it reduces state autonomy
- international courts like ECHR demonstrated ability to compel states to alter their laws and policies in response to rulings
= Goodwin v UK 2002, ECHR ruled UK's failure to legally recognise transgender women's gender reassignment violated her rights
= UK changed and introduced 2004 gender recognition act= forced sov state to change their laws
- HRs law effective due to voluntary compliance and moral pressure that doesn't undermine state sov
= states adhere to HRs law due to social norms that align with their views rather than doing it due to being forced by International
= international cooperation and shared norms encourages states other comply wo direct complusion
27
adv humanitarian int
- 1995 Srebenrica massacre killed 8,000 Bosnian men and boys by Bosnian serb forces
= UN created UNPROFOR w 38,599 military personnel, including 684 United Nations military observers; the Force also included 803 civilian police
= protected humanitarian aid routes and civilian safe areas
= int led to 1995 Dayton Accords which was peace agreement between 2 Bosnian entities
28
disadv humanitarian int
- 1992 Somalia civil war and famine led to collapse of gov
= UNSC authorised operation 'Restore Hope' led by US to give aid and assistance of 28,000 troops
= int had challenges due to lack of LR strategy= led to 1993 'Battle of Mogadishu' that killed 18 US troops and 100s Somali causalities
= failed to crate lasting stability as UN withdrew in 1995
= couldn't fix internal conflicts
