3- Global Governance: Human Rights Flashcards
1
Q
Human Rights: Origins of international law and its adherence/trials
A
- adherence to based upon the principle of reciprocity- if an NS obeys so will rest
- nuclear proliferation of weapons
- Nuremberg trials 1945
- trials established HR approach
2
Q
Universal declaration of HR
A
- universal inherence: everyone is born w
- law: conflicts must be resolved with law
- 1966 - international covenant civil, exonomic, social and cultural rights
- UN commission of HR 1993
3
Q
NGO’s and their Roles
A
- amnesty international
- red cross/HR watch/save the children
- use internet to cover HR crises
- HR watch publishes annual report
- monitors countries track record
4
Q
International court of Justice
A
- established in 1945 under UN charter
- 15 judges
- Article 94: UN says all members must comply w court
- if no comply UN can take to UNSC
5
Q
ICJ Successes
A
- 1986 - border dispute Burkina/Mali
- 1992 - el Salvador and Honduras
- 2002: Nigeria and Cameroon dispute over oil peninsula
6
Q
ICJ weaknesses
A
- cannot initiate causes has to be presented by states
- UNSC - 5 memb can veto/no pass
- only prosecutes Africa not west
7
Q
ICJ Failures - more examples
A
- 1984 - USA refused to accept of Nicaragua and the contra rebels
- 2012 - Columbia would no longer recog rulings of ICJ
- 2015 - Japan continued whaling near Australia despite ruling
- realists : nothing more powerful than NS
8
Q
UN and special tribunals
A
- war of 1990’s ie. Rwanda/Bosnia
- UNSC authorised 4 tribunals
- aims: bring justice/try the HOS, develop liberal ideas/broadcast horrors of war
9
Q
Examples
A
- Bosnian genocide - 1992 - Radovan Karadzic/scentenced 40 yrs/ 83 convictd
- cambodia 1975-79/ 1997 tribunal
- Rwandan genocide - 1994 against Tutsi ppl /61 ppl convicted
- sierra lonne - 2002 special court/50k killed/ imprisoned for 25yrs
10
Q
Limitations of international tribunals
A
- Nuremberg Trials only prosecuted Germany- not USA hiroshima/nagasaki- 100k killed and generational effects
- neocolonialism- only in Africa?
- saddam hussein never tried by hanged
- 2016 - china refused to attend tribunal in phillipines about shoal isl expnasion
11
Q
International criminal court 1998
A
- court of last resort
- ratified by 124 states
- 2012 congolese warlord 14 yrs/HR abus
12
Q
ICC limitations
A
- only 120 voted in favour -lacks global scope
- China,Russia,USA dont accept ruling on internal affairs
- no coercive power of its own
- institutionally rasict as only Africa indicted - Sudan/Kenya refused to coop
- big countries undermine ct
13
Q
ECHR - European Convention of Human Rights
A
- established jn 1959
- compliance w 90% of judgements
- condemned abuses Russia(Chechnya)
- holds EU states to accounts
- can be sanctioned if not compliant
- NS are sovereign can ignore rule
14
Q
HR and Sovereignty
A
- realists - state determines HR extent
- liberals - HR is universal
- UNHCR is soft law as no military/sov
- Israel continued to build settlements in occupied territory
15
Q
Accountability of the state
A
- Russia ICC 2016 withdraw frm treaty
- USA Guantanamo Bay - 33 still there - 27 never charged held for 20+ yrs/ made outside of law - promise by pres to abolish but not done
- china - minorities in Uyghurs
16
Q
Humanitarian intervention
A
- international community must intervene to protect HR
- Gulf war - UNSC passed res to kill Saddam w/o trial/ Kuwait
- Somalia - 1992 28k troops sent to end starvation
17
Q
Humanitarian intervention: Succeses
A
- Kosovo - 50k NATO troops to help
- East Timor wanted indep from Indonesia/ ref 78% so gained indep
- Blair sent military to vacate foreign nationals / Sierra Lonne - pres Charles Taylor convicted of war crimes
18
Q
Humanitarian intervention: Failures
A
- Somalia 1992- troops seen as occupying force
- Afghanistan 2001-20/2016 chilcot enq.
- Iraq War - no WMD
- Libya failed state - ISIS
19
Q
Violation of human rights
A
- Kashmir: 11000 women raped by Indian officials
- China/Uyghur genocide
- Iraq, Falkland, Chaco all oil wars
20
Q
USA HR council
A
- Withdrew from UN council of Human Rights
- Trump quit ‘biased’ council
21
Q
USA violation of rights
A
- Guantanamo Bay prison - 39 still held with 27 never charged with a crime/made ‘outside’ of the law in Cuba/Waterboarding methods of torture employed
- Obama ‘sad chapter in US history’
- Ilegall airstrikes in Syria 2008
- Iraq war - 1 mil
- 12 mil indigenous ppl killed
22
Q
Nuclear
A
- Hiroshima
- Nagasaki
- led to radiation induced cancers/mutations
- Taiwanese government built a nuclear waste disposal site on the Island without the awareness of the indigenous people in 1982 on Orchid island