inter-state dispute. DONE Flashcards
(18 cards)
What is an inter-state dispute?
A disagreement between countries or international organizations about law or facts.
q: How are international disputes usually settled?
a: Through peaceful methods like negotiation, diplomacy, or mediation.
q: What happens if peaceful settlement doesn%E2%80%99t work?
a: The dispute may go to an international court like the International Court of Justice (ICJ).
q: What does judicialisation mean in international relations?
a: It means more conflicts are being resolved by international courts instead of political bodies.
q: Why are more cases being brought to international courts?
a: Because the UN Security Council often fails to act in conflict situations.
q: What is the European Court of Human Rights (ECHR)?
a: A court that handles human rights cases in Europe.
q: What does the International Court of Justice (ICJ) deal with?
a: Serious issues like genocide, torture, and international law violations.
q: When was the Council of Europe established?
a: In 1949.
q: What does the Council of Europe focus on?
a: Human rights, democracy, and rule of law.
q: When was the European Convention on Human Rights signed?
in 1950
q: What rights does the European Convention on Human Rights protect?
Rights like the right to life,
freedom of expression, protection from torture.
right to marry.
freedom of expression.
right to fair trial.
prohibition of slavery and forced labour.
q: What is an inter-state case in the ECtHR?
It’s a case where one country brings another country before the European Court of Human Rights (ECtHR) for violating human rights.
q: How many inter-state cases have been brought before the ECtHR?
a: Less than 30 inter-state cases, compared to 25,000 individual cases.
Why are inter-state cases important?
They often involve serious issues affecting many people, like conflict situations.
The Greek Case (1969)
1967: A military coup in Greece brought Colonel George Papadopoulos and his regime to power. For the next 7 years, Greece was under military rule, and the country saw widespread torture by security forces.
The torture methods included beating, electrocution, hair-pulling, and even burning.
The Netherlands, Sweden, and Denmark filed complaints against Greece, arguing that the country was violating the ECHR, especially Article 3, which bans inhuman or degrading treatment.
In 1970, the European Court of Human Rights (ECHR) found that Greece had violated the Convention. As a result, Greece denounced the ECHR, refusing to accept its judgment and leaving the court.
1974: After the military regime collapsed and democracy was restored, Greece rejoined the ECHR.
Ireland v UK (1978)
In 1971, during The Troubles in Northern Ireland, the UK government arrested many people as part of Operation Demetrius. ( people who were suspected to be with the IRA)
14 men were taken to a special interrogation center, where they were ill-treated by security forces.
The five techniques used on these men were:
1. Stress positions (forcing them to stand in uncomfortable positions),
2. Hoods over their heads (making them known as the “hooded men”),
- Loud noise (making them listen to disturbing sounds),
- Deprivation of sleep, and
- Deprivation of food and drink.
Ireland argued that the ulk violated article 3, which bans inhumane and degrading punishments.
The European Court of Human
Rights ruled that these techniques amounted to inhuman treatment, but not technically torture ( so the uk did violate the article 3, but not as severely as ireland claimed)
because the suffering wasn’t severe enough to be classified as torture.
This decision was widely criticized, as many felt that the ruling was too narrow and allowed ill-treatment
Georgia v Russia (2021)
This is a case at the ECHR about Georgia accusing Russia of violating human rights and hurting civilians during and after the war in 2008.
There was a war between Georgia and Russia for only 5 days over 2 regions: south Ossetia and Abkhazia.
These are a part in Georgia, but they had support in Russia and wanted independence.
During the war people were killed, homes were destroyed, and thousands had to flee.
GEROGIA IN COURT SAID:
1. Russia is responsible for killing civilians.
2. Russian troops did torture, looting and burned villages.
3. Russia did ethnic cleansing by getting people out of their homes.
COURT DECISION:
The court agreed with Georgia. It said that Russia did violate the human rights after the war ended, but Russia wasn’t responsible during active fighting. (because the war was chaotic)
Russia was responsible for:
1. Not stopping the killing and mistreatment of civilians.
2. Not investigating war crimes.
3. Allowing ethnic Georgians to be pushed out
Armenia v Azerbaijan (2020-2022)
Armenia and Azerbaijan have been fighting over a small region called Nagorno-Karabakh for years. it is internationally recognised as a part of Azerbaijan filled with ethnic Armenians.
in 2020 a war happened between the countries that lasted for 6 weeks.
Armenia sued Azerbaijan saying:
1. az was mistreating Armenia prisoners.
2. hate against armenisnas.
3. cultural sites were being destroyed.
Azerbaijan also sued Armenia saying:
1. AR was spreadingg hate.
2. ruining cultural sites.
3. Azerbaijanis being mistreated.
COURT DECISION:
for both countries to stop hate, mistreatment, and destroying each others historical things.
this is just an interim injection ( temporary) as no decision has been made yet.
