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Legal Studies HSC > 2.2 a), b), c), d) Promoting and enforcing HR: International responses > Flashcards

2.2 a), b), c), d) Promoting and enforcing HR: International responses Flashcards

1
Q

role of UN in promoting and enforcing HR

A

The protection of human rights is an essential function of the UN. Central to its aims is the achievement of human rights with the full recognition of the equality of all humankind.

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2
Q

Define UN

A

an international organisation that is the chief mechanism of international law to deal with the relationships between states. Was formed to promote international peace, security and cooperation.

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3
Q

How does the General Assembly promote and enforce HR?

A

It can help to promote HR by identify areas of concern and operating as a forum in the discussion of HR issues, making some possible recommendations. They have no method of enforcement, thus can only promote.

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4
Q

What is the General Assembly limited to?

A

making recommendations on matters of peace and security under the UNSC.

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5
Q

What is the role of the UNSC in protecting HR?

A

they provide resolutions to breaches of HR, although they often find it difficult to reach an agreement due to veto powers by permanent members. They may offer alternative forms of action

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6
Q

What power does the UNSC have in enforcing HR?

A

power to decide on measures to take to resolve ‘breaches of the peace, threats to peace or acts of aggression’

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7
Q

In 2006, what did the UNSC affirm?

A

their responsibility to protect populations from genocide, war crimes, ethnic cleansing and crimes against humanity

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8
Q

What highlights the ineffectiveness of the UNSC in recent times?

A

their failure to decide on measures to take to protect Syrian civilians from HR abuses and breaches of the peace and acts of aggression.

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9
Q

what are IGOs

A

international institutions made up of member states

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10
Q

How are IGOs created?

A

by agreement between states, by an international treaty that acts a charter outlining the organisation’s purpose.

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11
Q

What is the UN Human Rights Council?

A

An IGO that is a subsidiary of the UN General Assembly.

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12
Q

When was UN Human Rights Council established?

A

2006

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13
Q

What is the role of the UN HRC?

A

to promote and protect HR including investigations of abuses and making recommendations to UN.

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14
Q

What can the UNHRC request of the UNSC

A

that they take action to stop HR violations

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15
Q

What is a limitation of the UNSC in its reporting of and investigation of HR in its Universal Periodic Review Program?

A

It relies on each member state to accurately report on HR abuses, but states that don’t want to comply could choose not to report certain situations.

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16
Q

Which body does the Officer of the High Commissioner for HR oversee?

A

the UNHRC

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17
Q

ASEAN

A

Association of the Southeast Asian Nations

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18
Q

What did IGO ASEAN establish in 2008?

A

ASEAN Charter, agreeing on promotion and protection of HR.

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19
Q

What did ASEAN do after creating the ASEAN Charter in 2008?

A

Established a HR body in 2009: ASEAN Intergovernmental Commission on HR

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20
Q

Why was the ASEAN Intergovernmental Commission on HR established by ASEAN in 2009 significant?

A

many members of ASEAN have authoritarian governments with poor HR records- Burma and Vietnam. It was a positive advancement towards protecting and promoting HR.

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21
Q

Whilst being viewed as a positive step forwards what is a limitation of the ASEAN Intergovernmental Commission on HR established by ASEAN in 2009?

A

it has no enforcement powers and there are no sanctions for member states.

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22
Q

Who does the International COurt of Justice adjudicate disputes btw?

A

STATES ONLY

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23
Q

What is the role of the ICJ with respect to HR?

A

it hears and adjudicates on disputes btw STATES. Individuals can’t bring matters to this court

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24
Q

Which court heard the case Bosnia and Herzegovina v Serbia and Montenegro, Case No 91, 2007

A

the ICJ.

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25
Q

what case was about HR issues which was heard by the ICJ in 2007?

A

Bosnia and Herzegovina v Serbia and Montenegro, Case No 91, 2007

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26
Q

What was the outcome of the ICJ case: Bosnia and Herzegovina v Serbia and Montenegro, Case No 91, 2007

A

ICJ held Serbia wasn’t responsible for committing genocide but it was responsible for failing to prevent and punish the genocide carried out by Serb forces it controlled in the town of Srebrenica.

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27
Q

What are the 5 limitations of the ICJ?

A
  1. Can’t persecute on crimes against humanity
  2. on war crimes
  3. relies on coop of 2 states (both have to turn up)
  4. Might turn up but may not honour decision.
  5. REQUIRES CONSENT OF STATE PARTIES TO HEAR MATTERS AND SO HAS V. LITTLE JURISDICTION
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28
Q

What legislation established the ICC?

A

the Rome Statute 2002

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29
Q

What does the International Criminal Court prosecute?

A

international crimes (NOT human rights violations!) committed after 2002

  1. genocide,
  2. war crimes,
  3. crimes against humanity
  4. crimes of agression
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30
Q

What are these limitations of?

  1. Can’t persecute on crimes against humanity
  2. can’t persecute on war crimes
  3. relies on coop of 2 states (both have to turn up)
  4. Might turn up but may not honour decision.
  5. REQUIRES CONSENT OF STATE PARTIES TO HEAR MATTERS AND SO HAS V. LITTLE JURISDICTION
A

the ICJ

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31
Q

Which of these is a permanent court?

ICTY, ICTY, ICC

A

ICC

32
Q

Is the ICC effective in enforcing HR?

A

to an extent, but still many accused who have not been brought forward, relies on compliance. (Kenyan PM Uhuru Kenyatta & deputy facing crimes against humanity, but Kenya has been uncooperative).

33
Q

How has SS limited the effectiveness of the ICC?

A
  • countries have been uncooperative

- some countries have left (South Africa), limiting capacity of ICC to achieve justice

34
Q

What is the ICC limited by

A

SS
$
Getting witnesses
Geography

35
Q

Has the ICC been an effective instrument of international law in dealing with HR abuses?

A

Effectiveness v. limited, 1st judgment only made in March 2012 (the Lubanga case in 2012) However this case took 10 yrs and cost millions of dollars, so not v. resource efficient.
2nd conviction in 2014 for Katanga. It has suffered from a lack of support from member nations and many govs simply refusing to accept its jurisdiction and hence unwilling to hand over defendants. This while effective in protecting human rights they are reliant on a significant amount of resources and the political will of nationstates to secure a conviction

36
Q

What was the 1st judgement of the ICC?

A

The prosecutor v. Thomas Lubganga Dylio 2012?

37
Q

What was the outcome of ICC’s 1st judgement: The prosecutor v. Thomas Lubganga Dylio 2012?

A

found guilty of recruiting & enlisting child soldiers in Democratic Republic of Congo for tribal warfare. Sentenced to 14 yrs.

38
Q

International Criminal Tribunal for the former Yugoslavia established

A

in 1993

39
Q

Why was the International Criminal Tribunal for the former Yugoslavia established?

A

to hear cases involving breaches of the Geneva Conventions for war crimes and HR crimes committed during breakup of the former Yugoslavia in 1991.

40
Q

How is the judrisdiction of the ICTY and ICTR limited?

A

geography and time

41
Q

What was a successful case heard by the ICTY?

A

P v Milan Lukic ‘Visegrad’ ICTY, The Hague 2009

42
Q

What was the outcome of the ICTY case: P v Milan Lukic ‘Visegrad’ ICTY, The Hague 2009?

A

charged w. 12 counts of crimes against humanity, imprisoned for 20yrs by Bosnia

43
Q

International Criminal Tribunal for Rwanda established

A

1994

44
Q

What is evidence that the ICTY has been effective?

A

Officers of all ethnic groups in former Yugoslav wars have been prosecuted and sentenced to lengthy prison terms.

45
Q

What is notable about the ICTY?

A

1st court established during a conflict and elevated rape to status of a crime against humanity when used as a weapon of mass terror and as a method of ethnic cleansing

46
Q

ICTR was established to

A

hear cases of genocide in Rwanda in 1994, when it was estimated 800 000 were murdered.

47
Q

Has the ICTR been effective?

A

Yes. v. effective, 93 indictments for crimes against humanity, war crimes & genocide, 63 convictions.

48
Q

How have international criminal tribunals been effective instruments for dealing with HR abuses?

A

Effective to an extent, with some prosecutions and verdicts reached, however a lack of support for these tribunals and delay ave reduced effectiveness in dealing with HR abuses.

49
Q

What is effective about IGOs?

A

They have promotion of HR as part of their stated goals and can exert significant influence on HR situations of member states

50
Q

How have the UN and Commonwealth of Nation been effective?

A

trhough their structure and energy to promote HR and creation of conventions, General Assembly and UNSC.

51
Q

What was an effective action of the Commonwealth of Nations?

A

Suspension of Zimbabwe and Fiji over HR violations

52
Q

What is ineffective about IGOs?

A

Whilst endeavouring to promote HR, they can lack necessary enforcement due to SS.

53
Q

What is another very ineffective thing about the ICJ?

A

has v. little power of enforcement- UNSC can veto an enforcement action. Whilst they want to promote HR they can lack necessary enforcement due to SS.

54
Q

What is effective despite numerous limitations about the ICJ?

A

issues important judgments that carry weight of int law and as a guide for future actions

55
Q

What makes the ICC a powerful institution for combating individuals who seek to use SS as a defence?

A

It can prosecute individual people rather than states.

56
Q

Although the ICC has limitations, what is something good about it?

A

The fact it exists! We now have a court to endeavour to deal with international crime

57
Q

What is effective about the ICTY and ICTR

A

they can investigate and prosecute individuals for war crimes

58
Q

Despite prosecuting and hearing matters for serious international crimes what is a limitation of it in terms of its definition?

A

It’s not a HR court specifically

59
Q

Why has the ICC been criticised?

A

not being cost effective, for being a racist court, lengthy time delays and only having 2 convictions.

60
Q

What type of body is the UN High Commissioner for HR?

A

a statutory authority

61
Q

statutory authorities

A

created through statue

62
Q

What does the UN High Commissioner for HR do?

A

promote, investigate and provide reports to UN General Assembly about HR.

63
Q

What statute established the UN High Commissioner for HR?

A

The UN Charter 1945

64
Q

What is the HR Committee

A

a statutory authority

65
Q

What does the HR Committee monitor

A

compliance with and operation of the ICCPR 1976

66
Q

If states are party to the ICCPR what must they do?

A

Make and submit reports to HR Committee on the protection of these rights. They can make complaints about other states.

67
Q

Can individuals make complaints to the HR committee?

A

Yes.

68
Q

which statutory authority monitors the protection of 2nd gen rights?

A

the Committee on Economic, Social and Cultural rights

69
Q

What do countries provide to the Committee on Economic, Social and Cultural Rights

A

report on achievements in area of &, social, cultural development.

70
Q

If the ICESCR is to be implemented progressively what is essential?

A

That reports on ACHIEVEMENTS and DIFFICULTIES are made by states to the Committee on Economic, Social and Cultural rights.

71
Q

Are HR committees effective in reducing HR abuses in the world?

A

To a limited extent. they only hear complaints after all domestic avenues exhausted- this can be very restrictive

72
Q

all international responses have a major issue limiting their effectiveness with enforcement

A

no enforcement mechanisms. Only mechanisms for some HR treaties and many states are slow to report statutory committees so enforcement even if possible may be unable to occur.

73
Q

How is most enforcement of international law achieved and what is the issue?

A

by consensus, reciprocity and notions of legal responsibility.
BUT some states (SS) don’t feel compelled to follow international law. eg. US leaving Paris Agreement

74
Q

How has the UNSC limited the effectiveness of international responses in promoting and enforcing HR?

A

lack of intervention to stop HR abuses in states due to veto powers, despite humanitarian intervention and R2P principles, eg. SYRIA (Russia used veto power 8 times)

75
Q

What gross violation of HR has occurred and no one prosecuted yet?

A

in Afghanistan in times of war. Shows ineffectiveness of ICC in bringing people to justice and enforcing HR.

76
Q

UN High Commissioner for HR is a

A

statutory body which reports to secretary general and aims to protect and promote human rights for all. The committee encourages ratiifaction of HR treaties and provides assistance to gos with enforcement issues eg. legislation and electoral reform. they can advocate to UN on behalf of governmetns

Legal Studies HSC (45 decks)

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