Global Governance: Human Rights Flashcards
(77 cards)
1
Q
Developments in human rights [Legislation] - 1948:
A
The UNGA adopts the Universal Declaration of Human Rights, as well as the Genocide Convention.
2
Q
Developments in human rights [Legislation] - 1966:
A
- Economic, Social and Cultural Covenant: expands the UDHR to recognise social and economic rights like education and healthcare
- Covenant on Civil and Political Rights: confirms certain rights like habeus corpus and freedom of association
3
Q
Developments in human rights [Legislation] - 1984:
A
Convention on Torture: big no-no to torture
4
Q
Development in humanitarian intervention [Event] - 1989
A
The end of the Cold War establishes the ‘New World Order’ (Bush), the US as the global policeman and hegemon, enforcing human rights and more easily authorising intervention.
5
Q
Development in human rights [Event] - 1994
A
The force sent into Rwanda by the UN lacked the mandate and power to take decisive action; the ensuing reluctance of the UNSC to send in a full-scale force mean that most of the killing had already finished whenthey were deployed.
6
Q
Development in human rights [Event] - 1995
A
Originally, the UN involvement in Yugoslavia was minimal in what Clinton saw as a complicated and bloody conflict; however, massacres in Srebrenica and Sarajevo covinced NATO to deploy troops and quickly push back the Serbians, convince both sides of the Dayton Peace Treaty and deployed an International High Representative to aid in its reconstruction.
7
Q
Development in human rights [Event] - 1997
A
Blair becomes PM, believing (in part due to his deep Christianity) that politics and morality are inseperable, trying to encourage the international community to live up to the idealism of a more liberal global cosmopolitanism.
8
Q
Development in human rights [Event] - 1999
A
The international community, spearheaded by Tony Blair, begin an aerial bombardment against Serbia, who had begun an ethnic cleansing to crush the Kosovar Albanian Seperatist movement in Serbia. This high point established the ‘Blair Doctrine’, which he stated that ‘acts of genocide can never be a purely internal matter’.
Additionaly, Clinton sets out the ‘Clinton Doctrine’, that the US should be prepared to intervene in the event of human rights violations.
9
Q
Development in human rights [Event] - 2005
A
Kofi Annan argues that state sovereignty is now conditional on their ability to protect their citizens’ human rights - the International Committee on Intervention and State Sovereignty cointing ‘Responsibility to Protect’: states have a ‘Responsibility to Protect’ their citizens’ rights; if they fail, it passes to the international community.
10
Q
What is the realist perspective on human rights?
A
- Human rights are impossible, as states exist in an anarchical system that voids the possibility of sovereign to enforce respect for human rights.
- Human rights are not preferrable, as they get in the way of the raison d’etat and states should not consider morality
11
Q
What is the liberal perspective on human rights?
A
- Human rights are entirely possible, through IGOs (like the ICC), international law (like the UDHR) and a global respect for natural rights, they can be achieved
- Human rights are an entitlement to all those that exist within society (Rosseau) and are based on our natural rights
12
Q
What is the realist perspective on international law?
A
- International law is impossible as it is not derived from a global sovereign that can enforce it, Hobbes says, ‘where there is no common power, there is no law’
- International law is not preferable, states should not act on a system that is easily exploitable and can be undermined, as that weakens them compared to others that are more willing
13
Q
What is the liberal perspective on international law?
A
- Liberals believe that states can easily become authoritarian, so a system of codified checks and balances can keep states from exploiting their citizens.
- International law deepens interdependence so furthers so promotes greater peace
14
Q
What are the main institutions that enforce human rights?
A
UN institutions
- ICJ
- ICC
- UN special tribunals
Others:
- ECtHR
15
Q
What is the role of the ICJ?
A
The ICJ’s judges represent the ‘main forms of civillisation and the principle legal systems of the world’, providing judgements on legal disputes between member states and advisory opinions on legal questions submitted by authorised agencies, like the UNGA.
16
Q
Give two successes of the ICJ
A
- After a dispute over territorial and maritime sovereignty, the ICJ forced Nicaraguan troops to withdraw from Costa Rican territories
- The ICJ settled a border dispute between El Salavador and Honduras
17
Q
What is the problem with the ICJ?
A
State egoism and the voluntary nature of international law are huge problems given only 74 states have signed an aditional clause to accept the ICJ’s rulings in advance - although the UNSC can technically enforce their rulings with coercive action, it would undermine the UN’s liberal principle that violent action can only be taken for the sake of international peace and security.
18
Q
Give a failure of the ICJ.
A
The Chagos Islands has evidenced a weak spot for the ICJ: their ruling that the UK lacked sovereignty over the territory went ignored for 5 years and even when the UK declared negotiations, they’re on thin ice currently as Trump has gotten involved due to the shared military base on the island.
19
Q
What is a smaller problem of the ICJ?
A
It’s not an entirely neutral body, judges have national allegiances that affect their judgement - the only two judges to rule that Russia didn’t need to “suspend all military operations” that may be breaking the Genocide Convention, were Chinese and Russian.
20
Q
What is the European Court of Human Rights?
A
The Council of Europe (not the EU) established the European Convention on Human Rights in 1949 to include things like the abolition of the death penalty; 10 years later, the ECtHR was created to judge whether human rights are being abused.
21
Q
Give examples of the ECtHR’s success.
A
- In 2022, the Azeri suprememe court quashed the 214 conviction of opposition politician Mammadov, after the ECtHR ruled it was only based on his criticism of government
- Buturuga v Romania (2020): the ECtHR ruled that the Romanian Courts had insufficiently protected Ms Buturuga’s right to privacy and from degrading treatment when they refused to prosecute her abusive husband.
22
Q
What is the present issue with the ECtHR?
A
There is a rise in populism and nationalism across Europe, sparked by the 2008 recession and the following Eurozone crisis - states are increasingly turning away from international cooperation and instititions like the ECtHR. Additionally, the main proponent of human rights abuses is Russia, who clearly aren’t going to listen.
23
Q
Give two examples of failure by the ECtHR.
A
- In 2020, the Council of Europe expressed ‘profound concern’ that the UK had no reopened investigations into the killings carried out by security forces in Northern Ireland, despite ECtHR judgement
- In the past 5 years, Russia has ignored 3 judgements by the ECtHR, one on the conviction of Navalny, one on war crimes commited in Georgia and one on the illegal annexation of Crimea
24
Q
Give two examples of NGOs promoting human rights.
A
- Human Rights Watch’s 2020 ‘Annual World Report’ specifically focussed on the ‘existential threat to the human rights system’ that China’s increasingly blatant disregard posed
- In 2021, they demanded Trump be held accountable for his ‘reckless campaign’ to ‘undermine the democratic process and rule of law since his electoral defeat’
25
What are the strengths and weaknesses of NGOs in promoting human rights?
+ NGOs have a more bottom-up approach, using the internet to promote human rights and spread awareness of its abuses to the people, rather than states - this may be increasingly useful in an increasingly democratic world
- States can and are often willing to ride out bad press. This tactic also relies on a rights culture within that country for citizens to apply pressure - not true in places like East Asia
26
What were the aims of the UN special tribunals?
- To punish and bring justice to those who have committed war crimes and human rights abuses
- To develop the idea of a global comunity that will keep states and statesmen and accountable to human rights standards
- To make public the extent of the horrors of genocide, war and crimes against humanity to stop people repeating them
27
What were the successes of the UN special tribunal for the Former Yugoslavia?
The first UN special tribunal, by its closing in 2017, sentenced more than 90 war criminals ranging from low-ranking soldiers to the former president of the Bosnian Serb Rebublic, Kadarzic, who recieved 40 years - it "brought justice for thousands of victims and [gave] them a voice" that they otherwise would not have had
It also brought many of the atrocities into public perception, such as the trial of Mladic (a Bosnian Serb general) and Kadarzic uncovered much of the Srebrenica Massacre
28
What was the importance of the Yugoslavian tribunals?
They set the precedent of statesman and soldiers being held accountable for their actions; without the tribunals, the other Baltic states wouldn't or couldn't have done so without more war.
29
What was the importance of the Cambodian special tribunals?
They, aside from convicting three leaders of Khmer Rouge who were responsible for the deaths fo 2 million, engaged the young Cambodian public and encouraged them to learn more about what happened in their country in the 70's, the first trial of multiple Khmer Rouge leaders having almost 100,000 in attendance.
30
What was the importance of the Rwandan UN special tribunals?
- First tribunal to convict a head of government (PM Kambanda)
- Established the precedent that rape could be used as a way of perpetrating genocide
- Changed the precedent set in the Nuremberg trials that journalists that encourgaed genocide cannot be considered liable - convicting three men of causing the deaths of thousands 'without a firearm, machete or any physical weapon'
31
How may UN special tribunals be 'victors' justice'?
Those who win usually aren't the ones in the hot seat: the US sat in judgement of Japanese war criminals despite having bombed 2 cities full of civillians (Hiroshima and Nagisaki) and killing up to 250,00 people. Similarly, the trual of Taylor in the Hague (funded by the West) and his imprisonment in the UK has been accussed of necolonialism as it implies that Africa cannot deliver justice without the white man.
32
How can the power of certain states weaken UN special tribunals?
Superpowers have the ability to veto or change the circumstances of special tribunals to suit them, weakening justice: the US declared that, rather than an international court, Sadam Hussein would be tried hy his countrymen, thus making the death penalty possible.
33
Who created the ICC, and why?
UN Secrtary-Generals Boutros Boutros-Ghali and Kofi Annan helped establish the ICC to have a permenantly sitting body as a constant reminder to the global community of the permenance impartiality and reach of international justice.
34
How many states are members of the Rome Statute?
125, after Hungray left due to the warrant on Netanyahu
35
Give two successes of the ICC.
- Developed the idea of 'cultural terrorism' by convicting Militant Islamist al-Mahdi to 9 years for destrying historic sites
- Expanded past Africa to investigations of IDF and Allied forces in the West Bank and Gaza and Afghanistan, respectively
36
What is the biggest criticism of the ICC?
The major powers (the UK, Russia, China, India, most of East Asia) haven't signed the Rome Treaty, this means that 70% of the population don't live under their jurisdiction so aren't protected, but also means that states feel empowered to ignore them (Israel) or leave (Hungary).
37
What does the AU say about the ICC?
They see it as institutionally prejudiced, having only ever actually indicted and convicted Africans, so urged members not to comply, Burundi becoming the first state to withdraw from Rome.
38
What are the main problems with enforcing human rights?
- State sovereignty
- Differing cultures and views on human rights
- The unaccountability of powerful states
39
What is the state sovereignty problem of human rights?
States are sovereign over all domestic matters (Westphalia Principle) and there lacks a world government, so human rights law is largely 'soft law' (Hobbes), more of an agreement than an actual enforced law - states can refuse to comply with enforcement agencies or just leave the treaties.
40
Give 2 examples of state sovereignty affecting human rights enforcement
- Refusal by the Sudanese al-Bashir government to acknowledge the legitimacy of the ICC warrant against the president delayed his imprisonment 10 years
- Orban and Hungary recently left the ICC and 70% of the population aren't under its jurisdiction
41
How may state sovereignty be less of a problem in enforcing human rights law?
The international system is increasingly interdependant, so states are losing their ability to just deny the international community - the ECHR hold special power over EU members as the EU is a strong proponent of human rights and equality, so encouraging members to cooperate, such as in Buturuga v Romania (2020) and the quasing of Azeri politician Mammadov's conviction.
42
How are differing cultural traditions a barrier to human rights standards?
Many states argue that human rights are a product of the Enlightenment project and signify an attempt by the West of 'moral colonialism' by attempting to enforce their values over those of other cultures - this can mean states develop their own set of human rights, inhibiting a global standard. It's imprtant to note that, although universal and unanimous at ist creation, the UDHR was only voted for by 51 states.
43
Give examples differing cultural traditions acting as a barrier to human rights standards:
- Many Muslim countries' standards of human rights are based in the 'higher' Shariah Law or general Islamic principle - Saudi Arabian law is based on a literalist Wahhabi interpretatation of the Qur'an that criminalised homosexuality
- The 1993 Bangkok Declaration created a seperate set of rights by Asian countries, rejecting the West's focus on individualism and allowing for things like the death penalty.
44
Why may differing cultures not be a problem for an international standard of human rights?
Some theorists, like Fukuyama, argue that the international community is increasingly embracing Western Liberal principles, since the end of the Cold War - with Russia ratifying the Covenant on Civil and Political Rights in 1973. Additionally, the increasing acceptance of capitalism will force states to accept individualistic rights.
45
How are powerful states unaccountable for their actions?
Powerful states often have the structural power to stop any official action condemning them, as well as the economic dependence on them to discourage any unofficial criticism.
46
Give 2 examples of powerful states not being accountable for their human rights abuses.
- The US sat in judgement of Japanese WW2 war criminals despite having bombed 2 cities full of civillians (Hiroshima and Nagisaki) and killing up to 250,000 people, as well as 'enhanced interrogation' in Abu Ghraib and extraordinary rendition of terrorist suspects to Egypt where thet could be tortured
- Russia was widely criticised for using its UNSC P5 powers to veto a UN tribunal into the shooting down of Malaysian Flight 17 over Ukraine
47
How may the power of states be becoming less of a barrier for an international standards of human rights?
Powerful states may be kept accountable, especially those in the West that so frequently condemn others for their human rights absues - in 2023, China published a report aver human rights abuses in the US, specifically those against Asian and Native Americans. Additionally, Home Secretary Patel criticsed France after a report said migrants called it a "racist" country where they "feared being tortured."
48
What are the successful interventions?
- The Balkans (1992-95)
- East Timor (1999-2001)
- Sierra Leone (2000)
- Cote d'Ivoire (2011)
49
What was the context of humanitarian intervention in the Balkans?
A civil war had broken out in after the breakup of Former Yugoslavia, with states reluctant to intervene and peacekeeping forces inadequately equipped to defend any side (Srebrenica). However, by 1995, NATO had been convinced to act, with Operation Deliberate Force pushing back the Bosnian Serbs and agreeing the Dayton Peace Accords, 60,000 troops disarming factions, rebuilding Bosnia and restoring trust between groups.
50
What was the context of humanitarian intervention in the East Timor?
Indonesia had annexed East Timor in 1975 and had responded to a successfu independence referendum by backing violent pro-Indonesia militias, driving half a million people from their homes. Australia, fearing arefugee crisis, declared it would lead a UN force to keep peace; combined with economic pressure from Clinton, Indonesia allowed the force to enter and disarm militias, East Timor gaining independence in 2003.
51
What was the context of humanitarian intervention in Sierra Leone?
In the 90's a brutal civil war occurred in Sierra Leone with the Charles Taylor (president of Liberia)-backed RUF committing atrocities such as mutilation; their advance on the capital inspired Blair to send in a military force against them, with the criminal gangs no match for the troops training and equipment, the troops remaining after to train and advise the local armed forces.
52
What was the context of humanitarian intervention in Cote d'Ivoire?
President Gbagbo refused to step down after losing an election 2011, the UNSC quickly authorised France to destroy Gbagbo's militaru capabilities, easily doing so due to Gbagbo's supproters largely being ill-equipped armed gangs.
53
What were the unsuccessful humanitarian interventions?
- Somalia (1992-93)
- Rwanda (1995)
- The Middle East (2001-)
- Libya (2011)
54
What was the context of humanitarian intervention in Somalia?
Bush deployed 28,000 troops to "end the starvation" that threatened over a million Somalians; however, intervention quickly failed as troops were unable to distinguish between rival clans, militias and civilians, lacking a legitimate government to defend and quickly being seen as an alien force. Clinton ultimately withdrew due to lack of public support after images of dead US servicemen being dragged naked through Mogadishu were broadcasted
55
What was the context of humanitarian intervention in the Middle East?
Although primarily to eliminate threats to the West, interventions in Afghanistan and Iraq were also to remove brutal autocracies (the Taliban and Hussein) that abused people's human rights; although both were removed, failure to nation build, either due to differing cultural values (Afghanistan) or blind faith that it'd just turn into a democracy (Iraq), led both countries into anarchy - symbolised by the Taliban retaking Afghanistan in 2024.
56
What was the context of humanitarian intervention in Libya?
A rebellion against President Gadaffi had sparked a civil war, with NATO peacekeepers being quickly sent in to protect Libyan civillians 'by all means necessary', destroying Gadaffi's air force and artillery and ultimately killing Gadaffi and installing the Libyan National Transitional Council; However, continuing ethnic and clan rivalries pushed the country back into civil war without the brite force of Gaddafi, with central government breaking down and being replaced by Turkish-and French-backed governments, respectively.
57
What factors affect the success of humanitarian intervention?
- Feasibility v commitment to success
- A legitimate government to defend v commitment to nation building
- Robust mandate v whether the military is the answer
58
Why is feasibility important for humanitarian intervention?
Ultimately, whether military intervention can work is objective and achievable aims - Bush, Somalia and "end the starvation"; imposing Western-liberal democracy on a country as cast and culturally conservative as Afghanistan
59
Why is commitment to success important for humanitarian intervention? Give a counterargument
It may be more important to be committed to success, rather than having easy goals - Bush left Somalia after footage of Mogadishu; Blair led the international community in condemnation of ethnic cleansing in Kosovo, NATO lauching an aerial bombardment and pressuring Clinton for a full-scale invasion
60
How is a legitimate government to defend important for humanitarian intervention?
Having a legitimate government to defend helps to legitimise intervention, as well as gain the support of locals - Blair's forces were able to cooperate with Sierra Leonean locals as they saw them more as an active police force protecting the government from violent gangs; US troops in Somalia were unable to distinguish between rival clans, militias and civillians and were quickly seen as an alien force
61
How is a commitment to nation building important for humanitarian intervention?
If there isn't a legitimate government, one must be committed to nation building to create one - leaders like Cameron and Sarkozy failed to consider how removing Libya's dictator (Hussein) for 40 years with no help in building a pluralist democracy would lead to anarchy; UN protectorates' policing role in Bosnia and Kosovo helped return to stability, with one peacekeeper for every 48 people
62
How is a robust mandate important for humanitarian intervention?
Whether the forces have a flexible enough mandate to respond to new threats is important for genuine intervention - the 'safe haven' in Srebrenica (7,000 dead); small number of UN forces within Rwanda were only able to monitor so could only protect some in the capital
63
How is the actual problem important for humanitarian intervention?
Sometimes military humanitarian intervention isn't suitable in all situations where there is a lack of human rights - intervention may have expelled criminal gangs from Sierra Leone, but they are still the 12th poorest country globally; the number of Libyan citizens in need of humanitarian intervention fell by 75% since 2016 despite failed military intervention
64
What are the factors affecting whether humanitarian intervention is done?
- National interest v public interest
- Leadership v legitimacy
- Feasability v power
65
What is the importance of national self-interest in whether humanitarian intervention takes place?
Realists argue that states are egoistical, only concerned with their own survival and gain, so will only intervene if it benefits them or if the crisis is actively affecting them - Australia intervened in East Timor due to fear of a refugee crisis affecting Northern Australia; the Saudi Arabian invasion of Yemen has not been stopped as Yemen is within its zone of influence and Saudi Arabia has ties to the West
66
What is the importance of public interest in whether humanitarian intervention takes place?
The 'CNN Factor': The public may be able to push a government to intervene based on shocking news reports or a lack of interest may stop it: images of starvation led to intervention in Somalia and images of dead US servicemen being dragged naked through Mogadishu led to the end; ReliefWeb finds a lack of reporting on DRC due to threat of violence from armed groups
67
What is the importance of leadership in whether humanitarian intervention takes place?
If a state or leader within a country is willing to call for intervention and make the case, it will be easier to garner support - Blair used his moral authroity after winning the Charlemagne Prize for European Achievement (because of Northern Ireland) and took charge on Kosovo, organising a NATO air bombardment of Serbia and began to convince Clinton of a ground invasion; Clinton's hesitance to lead after failure in Somalia delayed intervention in Rwanda
68
What is the importance of legitimacy in whether humanitarian intervention takes place?
States need to be assured that their actions will have complete legal legitimacy and support from the international community, this will also affect public support - the international community was certain that Gbagbo lost the election, making it quite easy to justify; the ICJ ruling that Israel needed to stop its genocide is soft law and highly questioned, there's no certainty of support
69
What is the importance of feasability in whether humanitarian intervention takes place?
Governments are most likely to intervene when it is more likely to be successful, based on the actual operation involved - Sierra Leonean gangs were weak against the superior military training and equipment of soldiers; given that 1/3 of the country has participated, intervening in Myanmar would require real cultural change to end the ethnic cleansing
70
How does power play into whether humaintarian intervention takes place?
Those who are abusing human rights may be powerful or powerful friends, thus making it difficult for states to intervene (especially if the friends can veto action) - no action against China for internment of Uyghur Muslims due to trade dependency; despite two leaders being charged with war crimes and reports of aid blockades, no intervention in Palestine due to American allyship.
71
Give three arguments and counterarguments on whether Western hypocrisy undermines the principle of humanitarian intervention.
- Humanitarian intervention masks self-interest v not always
- Western states commit abuses and/or protect allies that abuse v so do Eastern states
- Western IGOs are biased v there are more human rights abuses in the East and South
72
How does humanitarian intervention mask self interest?
Western states intervene when its in their interest, under the guise of 'liberal interventionism', staying quiet when its not - the US increased its own safety by removing Al-Qaeda, the Taliban and Hussein from Aghanistan and Iraq, under the guise of installing democracy and human rights; Australian intervention in East Timor was largely due to developping refugee crisis in Northern Australia, rather than the actual displacement of half a million
73
How doesn't humanitarian intervention mask Western self-interest?
There is a genuine consensus on liberal interventionism, and the need to uphold a universal standard of human rights - Bush sent troops into Somalia with the only objective being "end the starvation"; although justified with threat to the EU, Blair was guided by his christianity in calling for action in Kosovo
74
How do human rights abuses by the West undermine the principle of humanitarian intervention?
Western states often abuse human rights while espousing the principle, or they protect others who are abusing - US's use of 'enhances interrogation methods' in Abu Ghraib in Iraq, such as water boarding, sleep and food deprivation, and rape; the US has used its veto 17 times relating to the 'Palestinian Question', including to stop full membership, likely to protect Israel
75
How don't human rights abuses by the West undermine the principle of humanitarian intervention?
Eastern states also engage in the same human rights abuses so have no right to call out the West - China's internment of more than a million Uyghur Muslims; 2020 UN report finds that Russia is responsible for "indiscriminate attacks on civilian areas" in Syria
76
How are Western human rights organisations biased?
IGOs like the ICC and tribunals have been accused of being biased against the East, seeing them as requiring aid in justice and ignoring Western abuses - ICC has only ever indicted African war criminals, AU encourage states to refuse to cooperate and Burundi became the first to leave; tribunals have largely been for African states like conviction of 3 Khmer Rouge leaders and the first head of state, PM Kambanada of Rwanda
77
How are Western human rights organisations not biased?
It is simply that there are more human rights abuses in these places, that IGOs have to respond to, possibly due to a lack of human rights culture - the highest Human Rights Index scores are in Europe, Ireland, Estonia, Sweden, whereas the lowest are in North Korea (0.02) and Afghanistan (0.04); North Korea and Afghanistan have the 6th and 4th lowest democracy indices according to the V-Dem.
