Terminology

Question 1

Article VI (UN Charter)

Answer 1

Pacific Settlement of Disputes; Articles 33-38

• GA President
• SC President
• ECOSOC President
• Trusteeship COuncil
• ICJ
• Secretary General

Question 2

Geneva Conventions

Answer 2

1949, most recent iteration

• Development closely associated with the Red Cross
• Helped reduce harm for soldiers and civilians
• 4 conventions, 2 protocols
• Common Article 3
• Rome Statute

Question 3

Nuremberg Tribunal

Answer 3

• Germany 1945-1949
• A series of military tribunals held by the Allied forces under international law and the laws of war after world war II
• Victor’s Justice
• Ex post facto law
• Crimes against humanity

Question 4

International Criminal Law

Answer 4

-Ad hoc tribunals
Two Foundations/concerns:
1) State coordination is necessary to address certain crimes that states have a common interest in stopping
The piercing of state sovereignty is necessary to protext individuals from atrocities from which states are sometimes unwilling or unable to protect their citizens

Question 5

Jus ad bellum

Answer 5

The start point of a just war theory

- Right to war, the legitimate reasons a state may engage in war

Question 6

Common Article 3 (Geneva Convention)

Answer 6

In the case of armed conflict not of an international character occurring in the territory of one of the High Contracting Parties, each Party to the conflict shall be bound to apply as a minimum, to certain provisions

Question 7

Jus post bellum

Answer 7

“Justice after war”

• Peace settlements
• May consider the need to offer reparations, memorials, etc.

Question 8

Public International Law

Answer 8

Covers relations between nation-states and includes treaty law, law of sea, international criminal law, laws of war, international human rights law, refugee law

Question 9

Customary International Law

Answer 9

• International custom, as evidence of general practice accepted as law
• International obligations arising from established international practices rather than oblications arising from formal treaties
• Can be established by showing state practice and opinio juris

Question 10

Rome Statute

Answer 10

Treaty that established the ICC

Question 11

Universal Jurisdiction

Answer 11

• A legal principle allowing or requiring a state to bring criminal proceedings in respect of certain crimes irrespective of the location of the crime or the nationality of the perpetrator or victim
• Based on the notion that certain crimes are so harmful to international interests that states need to bring proceedings against the perpetratior
• Universal jurisdiction allows for the trial of international crimes committed by anyone anywhere int he world

Question 12

Humanitarian Intervention

Answer 12

• R2P

- All states have a positive duty to protect their own citizens AND the citizens of other states

Question 13

Just Cause

Answer 13

• Large scale loss of life

- You are attacking me

Question 14

Treaty

Answer 14

A formally concluded and ratified agreement between countries

Question 15

Responsibility to Protect (R2P)

Answer 15

-International security and human rights norm to address the international community’s failure to prevent and stop genocides, war crimes, ethnic cleansing and crimes against humanity

Question 16

Ex post facto law

Answer 16

with retroactive force or effect

- Applying the law after the crime has been commited

Question 17

Human Rights Law

Answer 17

• Applicable in times of peace or war
• Universal Declaration of Human Rights
• Human rights are universal, fundamental and inalienable

Question 18

Ratification

Answer 18

the action of signing or giving formal consent to a treaty, contract, or agreement, making it officially valid

Question 19

Chapter VII (UN Charter)

Answer 19

“Action with respect to the threats to the peace, breaches of the peace, and acts of aggression”

• Articles 39-51

Question 20

Genocide

Answer 20

Acts committed with the intent to destroy, in whole or in part, a national , ethnical, racial, or religious group

Question 21

Genocide Convention

Answer 21

Adopted by the UNGA in 1948

- Passed to outlaw actions similar to the Holocaust

Question 22

Cosmopolitanism

Answer 22

Ideology that all human beings belong to a single community, based on shared morality
- A global politics that projects a sociality of common political engagement among all human beings across the globe; suggests it should be ethically or organizationally privileged

Question 23

United Nations Security Council

Answer 23

• Responsible for the maintenance of international peace and security
• May adopt compulsory resolution (that are legally binding)
  Has 15 members, 5 permanent members with veto power and 10 elected members

Question 24

United Nations General Assembly

Answer 24

• May make non-compulsary recommendations to states or suggestions to the Security Council (UNSC)
  
  • Decides on the admission of new members, following proposal by the UNSC
  • Adopts the budget
    Elects the non-permanent members of the UNSC, all members of ECOSOC, the UN Secretary General (following his/her proposal by the UNSC), and the 15 judges of the International Court of Justices (ICJ). Each country has on vote

Question 25

Sanctions

Answer 25

A threatened penalty for disobeying a law or rule

Question 26

War Crimes

Answer 26

1. The Court shall have jurisdiction in respect of war crimes in particular when commited as part of a plan or policy as part of a large-scale commission of such crimes 2. For the purpose of this statute, "war crimes" means: ○ Grave breaches of the Geneva conventions

Question 27

International Humanitarian Law

Answer 27

- Also known as the laws of war or the law of armed conflict - As a set of rules and principles it aims, for humanitarian reasons, to limit the effects of harm - 2 Principles of IHL: ○ Persons who are not, or are no longer, participating in hostilities must be protected (civilians, medical and religious military personnel, wounded, sick, prisoners of war, etc.) ○ The right of parties to an armed conflict to choose methods and means of warfare is not unlimited - Restricts means of warfare, what particular weapons can be used, what tactics might be prohibited, etc.)

Question 28

The Hague Conventions

Answer 28

○ First formal statements of laws of war and war crimes in international law; the first multilateral treaties that addressed the conduct of warfare ○ Prohibited; the use of asphyxiating gases, the use of expanding bullets, and the discharging of projectiles or explosives from balloons ○ Created the Permanent Court of Arbitration (voluntary forum for peaceful settlement of disagreements)

Question 29

United Nations Secretariat

Answer 29

- Administrative organ of the UN - Supports the other UN bodies administratively (for example in the organization of inferences, the writing of reports and studies and the preparation of the budget)

Question 30

International Court of Justice

Answer 30

- Separate from the league of nations - Recognition for the attempts made after WWII, came before present day Court of International Justice - "The jurisdiction of the Court comprises all cases which the parties refer to it and all matters specially provided for in treaties and conventions in force" - In addition to its function of determining any dispute of an international character which parties submit to it, it 'may also five an advisory opinion upon any dispute or question referred to it by the Council or by the Assembly'

Question 31

Opinio Juris

Answer 31

"opinion of law" - belief that an action was carried out as a legal obligation

Question 32

Proportionality

Answer 32

-Prohibition against excessive force

Question 33

African Charter on Human and People's Rights

Answer 33

Article 3 1. Every individual shall be equal before the law. 2. Every individual shall be entitled to equal protection of the law. Article 23 1. All peoples shall have the right to national and international peace and security. The principles of solidarity and friendly relations implicitly affirmed by the Charter of the United Nations and reaffirmed by that of the Organization of African Unity shall govern relations between States. Article 24 All peoples shall have the right to a general satisfactory environment favorable to their development. Article 27 1. Every individual shall have duties towards his family and society, the State and other legally recognized communities and the international community. 2. The rights and freedoms of each individual shall be exercised with due regard to the rights of others, collective security, morality and common interest.

Question 34

European Court of Human Rights

Answer 34

s a supranational or international court established by the European Convention on Human Rights. The court hears applications alleging that a contracting state has breached one or more of the human rights provisions concerning civil and political rights set out in the Convention and its protocols.

Question 35

International Court of Arbitration

Answer 35

confirming, appointing and replacing arbitrators, as well as deciding on any challenges made against them monitoring the arbitral process to make certain that it is performed properly and with the required speed and efficiency necessary scrutinising and approving all arbitral awards to reinforce quality and enforceability setting, managing and — if necessary — adjusting fees and advances overseeing emergency proceedings before the start of the arbitration Our purpose is to ensure proper application of the ICC Rules, as well as assist parties and arbitrators in overcoming procedural obstacles. These efforts are supported by the Court’s Secretariat, which is made up of more than 80 lawyers and support personnel.

Question 36

Convention on the Right of the Child

Answer 36

a human rights treaty which sets out the civil, political, economic, social, health and cultural rights of children.

Question 37

International Criminal Court

Answer 37

has the jurisdiction to prosecute individuals for the international crimes of genocide, crimes against humanity, and war crimes. The ICC is intended to complement existing national judicial systems and it may therefore only exercise its jurisdiction when certain conditions are met

Question 38

Crime of Aggression

Answer 38

he planning, preparation, initiation or execution, by a person in a position effectively to exercise control over or to direct the political or miliatry action of a State, of an act of aggression which, by its character, gravity and scale, constitutes a manifest bilation of the Charter of the UN - For the purpose of paragraph 1, "act of aggression" means the use of armed force by a state against the sovereignty, territorial integrity or political independence of another State, or in any other manner inconsistent with the UN Charter

Question 39

Crimes Against Humanity

Answer 39

○ Including murder, enslavement or deportation of civilians or persecution on political, religious or racial grounds

Question 40

UNSC P5 Veto

Answer 40

- five states which the UN Charter of 1945 grants a permanent seat on the UN Security Council - Any one of the five permanent members have the power of veto, which enables them to prevent the adoption of any "substantive" draft Council resolution, regardless of its level of international support