Global Governance- Human Rights & environment Flashcards
(14 cards)
What is the Universal Declaration of Human Rights (UDHR) and why was it was created?
The UDHR was published in 1948 by the UN.
- it establishes the equal and inalienable rights of all. However the document isn’t legally enforceable.
- it was created to prevent the atrocities committed in Nazi Germans during the War.
What is the European Court of human Rights (UCHR) and why was it created?
The ECHR was established in 1949.
- it is responsible for promoting human rights and the rule of law within Europe.
- in 1950 it passed the European Convention of Human Rights which defines the rights of European citizens.
Explain the purpose of the UN special Tribunals?
The established tribunals in response to human rights abuses that took place in Cambodia, Yugoslavia, Sierra Leone and Rwanda.
-the aims were to bring justice, expose the atrocities of the crimes, develop the principle that heads of government can be held accountable for atrocities and establish the principle that the global community will not tolerate human rights abuses.
What are the strengths of the UN special Tribunals? (Yugoslavia and Cambodia)
Yugoslavia- by 2017 the tribunal convicted 83 war criminals.
Cambodia- 3 Khmer Rouge leaders have been sentenced to life imprisonment and the court has educated those born after the genocide over what happened.
What are the strengths of the UN special Tribunals? (Rwanda and Sierra Leone)
Rwanda- 61 people have been sentenced, including the former PM. The tribunal also established the precedent that rape can be used to perpetuate genocide.
Sierra Leone- the tribunal imprisoned IS people and the Liberian president Charles Taylor, Taylor is the first head of state to be convicted by a UN tribunal.
What are the weaknesses of the UN special Tribunals?
- The NATO bombing of civilian targets on Serbia in 1989have. Or been investigated.
- the Rwandan tribunal ignored the fact that often the genocide the Tutsi Rwandan Patriotic front massacred Hutus.
The establishment of UN Tribunals has been inconsistent. E.g Sadam Hussein was tried by an Iraqi court established of the American Occupation.
What is the purpose of the International Criminal Court (ICC)?
The ICC is an IGO established by the Rome statute (1998).
- it hears cases against individuals accuse of war crimes, genocide, crimes against humanity and crimes of aggression.
- by 2017 the states had ratified the Rome statute meaning they accepted the jurisdiction of the ICC
Can you explain the tension between Westphalian principles of sovereignty and the international human rights regime?
The principle of state sovereignty was established at the peace of Westphalia in 1648.
It causes tension with the international human rights regime as it means they do not have the authority to intervene if a state is committing human rights abuses, since that state is sovereign, making it its own highest authority
Can you explain why it is hard to enforce the international human rights regime?
1) state sovereignty- status posesses there own sovereign authority, no other state can force them to do anything or make them follow international law.
2) cultural relativity- there is no one universal standard of human rights, Asian communities emphasise the good of the community rather than the individual and Muslim countries derive human rights from the Quran.
Can you explain that the doctrine of Responsibility to Protect is? (R2P)
The R2P was established in 2005 and it means that states can no longer hide behind the principle of state sovereignty, if a state has failed to protect its own citizens then it is the responsibility of the international community to intervene.
Can you explain why some humanitarian interventions are more successful than others?
How successful a humanitarian intervention is based on whether there is:
Sufficient military force, a commitment to subsequent rebuilding, international/regional support and realistic objectives- as they achievable?
Can you explain why humanitarian interventions are selective?
Humanitarian interventions are selective because learns need to be convinced that there is a genuine need for them by;
- Believing those to be sufficient moral ground to intervene.
- having international or regional support for intervention.
- believing that a lack of action could threaten their own interest.
- believing that military force could resolve the conflict and not spark wider conflict.
How effective are international judicial institutions at upholding human rights?
ICC- members have to agree to its jurisdiction
TRIBUNALS- Have successfully brought to justice a number of war criminals, however their establishment has been inconsistent.
Why is it so difficult to enforce a universal standard of human rights?
State sovereignty- if you cannot enforce a state to accept your own definition of human rights and you cannot force that state to treat its citizens in a certain way
Different values in different societies.
