Human rights article 2

Question 1

Define: Human rights

Answer 1

The rights of human beings against certain abuses of their own governments.

Question 2

The very idea of human rights flies in the face of the sovereignty and territorial integrity of states. Explain what this means.

Answer 2

No one can tell them how to treat their own citizens, as sov. gives states the right to do as they please in their own territory.

Question 3

What is universal rights?

Answer 3

No matter where a person resides, no matter his or her ethnic nationally, and no matter his o or her local religious, ethnic,or clan traditions, that a person has certain rights that must be respected.

Question 4

Relativism meaning?

Answer 4

Local traditions and histories should be given due respect even if this means limiting rights that other outside that local context find important.

Question 5

The concept of human rights arises from at least 3 sources, they are…

Answer 5

1) religion: a higher power exists, respect and dignity.
2) Political and legal philosophy
3) Political revolutions.

Question 6

There was an argument that universal rights are misleading. Explain.

Answer 6

Two of the three sources were from the Western tradition, as non-Western societies have different perceptions of family groups. Even after the 18th century, women, children, and non-whites were not assumed to enjoy the same rights as landholding white males, which was unfair.

Question 7

What is civil politic? What are they also referred to as?

Answer 7

Negative rights, free of speech, freedom of religion, equal protection under the law, and freedom from arbitrary imprisonment. This right is best guaranteed by limiting the power of the government over its people.

Question 8

what right is best guaranteed by limiting the power of the government over its people?

Answer 8

Civil politics is also known as negative rights.

Question 9

Economic social rights also referred as

Answer 9

Positive rights, and include rights to good living condition, food, healthcare, social security,e education.

Question 10

Which rights are the best help provided by the expansion of government to provide minimal standards to their people?

Answer 10

Economic and social rights.

Question 11

What document was adopted by the UN General Assembly and is considered the core document concerning human rights?

Answer 11

Universal Declaration of Human Rights (UDHR)

Question 12

True or false: The UDHR has the force of international law.

Answer 12

False. It does not have the force of international law, but it sets forth international norms regarding governments’ behavior towards their own citizens and foreigners alike.

Question 13

Whats does the declaration (document) proclaim?

Answer 13

All human beings are born free and equal, without regard to race, sex, language, religion, political affiliation, or the status of the territory in which they were born. Promote norms in a wide variety of areas.

Question 14

After the adoption of UDHR, what has the UN done?

Answer 14

Opened 7 treaties for state signature to further define protections of human rights.

Question 15

What’s the difference between UDHR and the treaties made for protection of the Human rights?

Answer 15

The treaties are legally binding contracts signed by states.

Question 16

Why are the treaties (that are legally signed by states) important?

Answer 16

These treaties are important in outlining the basic protection for indivisuals expected by the international community.

Question 17

What are the 2 key treaties from the 7 treaties?

Answer 17

-International Covenant on Civil and Political Rights (CCPR)
-International Covenant on Economic, Social, and Cultural Rights (CESCR)

Question 18

What do the 2 key treaties codify?

Answer 18

COdify the promises of the UDHR while dividing the list of rights in the UDHR into civil political and economic social rights, respectively.

Question 19

What are the 2 treaties + UDHR called?

Answer 19

International Bill of Human Rights

Question 20

The remaining treaties are considered vulnerable? True or false

Answer 20

True, the remaining treaties each deal with a particular group that the international community considers vulnerable.

Question 21

True or false: Besides the UN-related Human rights treaties, several regional IOS have promoted the protection of Human rights.

Answer 21

True, especially in Europe, for example, the European Union, the Council of Europe, and the European Court of Human Rights all work to ensure that human rights are respected by all states in the region.

Question 22

What are some examples of the IOS that promote the protection of the human rights? And where can the issue be here?

Answer 22

1) Inter-American Court of Human
barrier: Limited by state refusal to abide by its decisions
2) African Union
barrier: Lack of monetary and political support from African states.

Question 23

What have the states been doing from the past decade to promote Human rights?

Answer 23

Developed states have begun to use other international organizations to pressure developing states to improve Human rights conditions, by free trading agreements.
-Trade agreements on the respect for human rights, especially workers’ rights.

Question 24

Because these treaties provide political benefits to the developing states, they create a ready mechanism to punish countries who abuse their citizens, by not trading with them. Where can the issue arise from here?

Answer 24

So the states have to abide by the rights of Human rights so they are able to trade with other states but that limits the economic benefits to countries that harm their economic development which is likely only to make the human rights situation worse.

Question 25

How do NGOs play a role in Human rights?

Answer 25

In an effort to win basic political rights in authoritarian countries.

Question 26

The most popular NGO?

Answer 26

Amnesty International, operates globally to monitor and try to rectify glaring abuses of human rights.

Question 27

What does Human Rights Watch do?

Answer 27

Works in a similar way as Amnesty, but often with a more regional or national focus.

Question 28

What do the NGOs provide for the UN?

Answer 28

Advocacy for the UN and other regional organizations essentially serves as a bridge between the global or regional organizations and efforts to promote human rights "on the ground."

Question 29

How can enforcing norms of Human rights be difficult?

Answer 29

becuase it involves interfering in a states internal affairs. Cutting off trade or contact with a government that violated human rights tends to hurt the citizens whose rights are being violated by further isolating them.

Question 30

The most effective method for enforcing the norms of Human rights?

Answer 30

1) Publicity: Digging up information about human rights abuses. In hopes that publicity will embarrass the regime and change its behavior. This is also known as "Naming & Shaming" Motive: Human rights activists hope this negative attention will convince individuals to stop their interactions with the state in question, putting further economic pressure on it. 2) Pressure: Pressure from other governments, as well as private individuals and businesses, consists of threats to punish the offender in some way through nonviolent means. Issue: Since governments seek to maintain normal relations with each either most of the time, this is not reliably successful...

Question 31

What is a rare humanitarian intervention>

Answer 31

Using military force

Question 32

How can the use of military force to overcome armed resistance to bring helo to civil victims of wars be an issue?

Answer 32

-Sovereignty

Question 33

What are 2 perceptions when viewing the humanitarian crisis, and intervening through a military base?

Answer 33

Should we intervene? 1) Morals: They need the rights and protection. 2) Soverighntly limits it, as the coalition) the group can see it as an attack.

Question 34

A major summit of world leaders in 2005 enshrined the concept of..... And what is its purpose?

Answer 34

R2P: Responsibility to protect which holds that governments worldwide must act to save citizens from genocide or crimes against humanity perpetrated or allowed by their own governments.

Question 35

What are War crimes?

Answer 35

Violations of the law governing the conduct of warfare (ex: mistreating prisoners).

Question 36

What is Genecodie:

Answer 36

In international and systematic attempts to destroy national ethnic, racial, or religious groups, in whole or part.

Question 37

Crimes against humanity mean...

Answer 37

Concerved as inhuman acts and persecutions against civilians on a vast scale in the pursuit of unjust ends. A category of legal offenses created at the number of trials after ww2 to encompass genocide and other acts committed by the political and military leaders of Nazi Germany.

Question 38

Where do large-scale od abuses of human rights often occur?

Answer 38

During war

Question 39

The international community should try... against war crimes.

Answer 39

prevention and diplomacy first, but ultimately, military intervention as a last resort if necessary to stop mass atrocities.

Question 40

How does the dominance principle then govern the response to atrocities?

Answer 40

When great powers see action as in their national interest, they act. Otherwise, they do not, Until the world's strong military powers decide to act against mass atrocities, the provision of the collective good embodied by R2P will continue to fall short.

Question 41

How can r2P fail?

Answer 41

When great powers don't acknowledge the conflict or don't want to waste resources, money, army or gain enemies.

Question 42

What does the ICC hear from around the world?

Answer 42

International criminal court hears cases of genocide, war crimes, and crimes against humanity from anywhere in the world.

Question 43

True or false, ICC opened in business with 18 judges sworn from round the world including the United states.

Answer 43

false, not including the United States.

Question 44

What has the US refused to do?

Answer 44

Refude to ratifying the ICC agreement and shows little interest in doing so, in addition, the United States has pressured ICC members state to sign immunity agreements (BIA).

Question 45

Why did the U.S. sign the BIA?

Answer 45

To protect the American soldiers serving in those countries from prosecution, the ones that serve in peacekeeping missions or in NATIO allies, that fall under the jurisdiction of the ICC rather than under the American military own justice system.

Question 46

How is ICC different?

Answer 46

1) Individuals, not states as defendants or complainants. 2) The idea of universal jurisdiction, that the court has the ability to prosecute individuals of any nation

Question 47

What are the 3 mechanisms that can trigger an ICC trial?

Answer 47

1) First a state can turn over an individual for trial if the state agrees to do so. 2)Against the wishes of a state, a special prosecutor at the ICC can begin trial if the crimes occurred in the territory of a signatory to the ICC. 2) The UN Security Council can. begin proceedings even against individuals from nonsignatory states.

Question 48

What is the most important principle in the laws of war? What is illegal, and when is it legal?

Answer 48

The effort to limit warfare between the combatants and protect civilians. It is illegal to target criminals in a war. It is not illegal how however to target a military force knowing civilians will be killed.

Question 49

The amount of force used must be.... when fighting back in ware fare.

Answer 49

Proportional, only the necessary amount of force can be used.

Question 50

What has challenged the laws of war?

Answer 50

The use of private military force in wars. Because these private forces are not members of a country's military, international law does not necessarily apply to them.

Question 51

Soldiers have the right under the laws of war to surrender, which is to abandon their status as combatants and become...

Answer 51

POW-prisoners of war, give you their weapons, their right to fight, and earn instead the right not to be targeted.

Question 52

What can't they do to POWs?

Answer 52

They can't kill them, mistreat them, or force them to disclose information beyond their name, rank, and serial number.

Question 53

The law of POWs is enforced through

Answer 53

practical reciprocity.

Question 54

What role does the International Committee of the Red Cross play?

Answer 54

ICRC- provided practical support, such as medical care, food, and letters from home to civilians and to POWs.

Question 55

True or false: Do the laws of war reserve a special role for ICRC?

Answer 55

True

Question 56

What are the Armed forces' responses to ICRC?

Answer 56

Must respect the neutrality of the Red Cross.

Question 57

The law of warfare has been undermined by the changing nature of war, explain.

Answer 57

1) Conventional wars by defined armed forces on defined battlegrounds are giving way to irregular and "low intensity" wars fought by guerrillas and death squads in cities or jungles. The lines between civilians and soldiers blur in these situations and war crimes become more commonplace. 2) Statres rarely issue a declaration of war setting out whom they are warning against and the cause of their action.