Promoting And Enforcing Flashcards
(26 cards)
What do international protections require to be effective?
Being ratified and codified by individual states. Compliance.
What is the responsibility to protect?
A broad concept which is of the exception of state sovereignty. R2P states that all sovereign states owe their citizens a duty to protect their human rights.
Other nations may intervene in the internal affairs of another nation if…
- a gross human rights violation is occurring
- the state is unwilling or unable to stop it
- the UNSC approves the action
“Acting in defence of common humanity” - Kofi Annan (EX- UN Security General), 1999
Factors influencing the effectiveness of R2P in the international community…
- willingness of P5 members of UNSC to intervene
- willingness of broader international community to get involved
- Geopolitical importance of the country in question
What impact does state sovereignty have on the protection of human rights?
- often used as a mask for countries to violate HR
Key features of the United Nations General Assembly (UNGA)?
- consists of all representatives from member states
- main body for international discussions, debates, declarations and recommendations
- the UN’s principle HR council reports directly to the UNGA
- no powers for intervention.
Who are the P5?
China, France, Russia, UK and USA
Key characteristics of the UN Security Council (UNSC)
- made up of 5 perm members and 10 rotating members
- makes legally binding resolutions
- power to authorise military intervention
Key features of the International Court of Justice (ICJ)
- power to make advisory opinions to settle disputes between UN members states
- rarely hears HR cases
- primary judicial organ of the UN
- jurisdiction is limited to settling international disputes between states.
West Papua Occupation key facts
- West Papuans are protesting for independence from Indonesia
- Indonesia has shut down internet, employed military force and killed protestors
- protestors were taunted by cilivians and military, called ‘monkeys’ and ‘animals’
- protesting against discrimination, oppression, genocide and occupation
Human Rights from the ICCPR violated by Indonesia in West Papua
Art. 1 right to self determination
Art. 2 All freedoms violated have a right to remedy
Art. 6 inherent right to life
Art. 7 no one shall be subjected to cruelty or torture
Art. 17 right to protection against interference or attacks
How did the Indo authorities respond to West Papuan protests?
Outraged by social media attention being gathered, Indo shut down internet and increased military presence
Difference between ICJ and ICC
The ICJ is a civil tribunal that hears disputes between countries.
The ICC is a criminal tribunal that prosecutes individuals.
Nature of the dispute between the Gambia and Myanmar, heard by the ICJ?
The Gambia sought determinations from the ICJ acknowledging violations of the genocide convention, along with a cease of actions which coincide with cleansing.
In attempt to protect the Rohingya village from further genocidal harm.
Myanmar argued it had not committed any crimes despite a formal order to enact prevention statregies for further genocide.
Role of the ICJ
To settle, in accordance with international law, legal disputes.
And to give advisory opinions of legal questions referred to it by authorised UN organs.
Why does the ICJ have jurisdiction to hear the Gambia v. Myanmar case?
- despite international law being a soft law, it remains somewhat enforceable in the event of gross HR violations
- the ICJ’s jurisdiction for Myanmar and the Gambia is founded upon both the non-enforceable nature of international law, along with the ICJ’s jurisdiction to hear disputes between states.
What provisional measures were provided by the ICJ to Myanmar?
- to prevent irreparable harm towards the Rohingya people in the meantime while the ICJ settled on a decision.
- the provision acts as a restraining order between the two states
What was the decision made on The Gambia v. Myanmar in 2020 by the ICJ?
- the court did not determine that Myanmar had committed genocide
- there remains hearings to finalise this decision.
- provisional measures were applied
How are decisions made by the ICJ enforceable?
There is no way of enforcing compliance with the ICJ and its orders rely on the cooperation of states.
Role of Non-Legal Response in The Gambia v. Myanmar?
Amnesty International
- raised awareness on the conflict
- petitioned to Australia to allow immigration from Myanmar to help the Rohingya people
“The Rohingya people remain at serious risk of genocide under the terms of the Genocide Convention” - The IFFMM Report in Sept. 2019 to the HR Council
What is the office of the high commissioner for human rights?
- administrative arm of the secretariat established. 1993
- works to protect and promote the rights of the UDHR
- works to advance international implementation of the UDHR and other HR treaties
- promotes enjoyment of HR such as education and international cooperation
What is the UN HR Council? (UNHRC)
- established by UNGA in 2006
- promotes human rights around the world
- 47 members elected / 3 year terms
- takes complaints, allowing individuals to bring HR issues to the councils attention
- compulsory reviews of HR records of all 193 member states
