8A.4 International Law and Agreements Flashcards
8A.4a the UDHR
the Universal Declaration of Human Rights
30 universal human rights
it is a declaration, not a treaty, which means that it is not legally binding, making it unenforceable
it can be used to justify military intervention
the promise of aid (particularly economic) can be used as a lever to persuade other countries to improve their human rights record
therefore the UDHR is a significant factor influencing foreign policies and international relationships
8A.4a UDHR
countries against the UDHR
the Soviet Union - because it considered that the Declaration did not sufficiently condemn Fascism and Nazism
South Africa - to protect its system of apartheid, where people were segregated by skin colour and race, because that contravened the UDHR
Saudi Arabia - because of the article that ‘everyone has the right to change their religion or belief’ and the contradiction of Sharia Law
8A.4a UDHR
a
8A.4b ECHR
the European Council of Human Rights
was drafted by the nations of the Council of Europe
aimed to help prevent conflict after the atrocities committed during WW1 and WW2
integrated into the UK Law by the Human Rights Act of 1998
8A.4b ECHR
controversial
erosion of national sovereignty because the ECHR is a higher power than national government that can overrule their decisions
e.g. Abu Hamza appealing to ECHR to keep his British citizenship despite denouncing western society (hate speech) and to avoid extradition. This led to a significant amount of money being spent on his legal protection and prosecution from taxpayer money
Some have criticised the concept of ‘human rights’ as being Western, put into place after WW2 by European and North American politicians and thinkers. This means that they do not apply to Islamic or Asian cultures, which have different histories and traditions. This is because different cultures may take a different view of gender equality, or treat some crimes more/less seriously than other cultures.
8A.4b ECHR
A
8A.4c The Geneva Convention
basics
what is it?
The Geneva Convention forms a basis in international law for prosecuting individuals and organisations who commit war crimes and is endorsed by 196 countries
This is used to determine if something is defined as a ‘war crime’
violations are investigated and judged by an International court; regional or national courts then deal with the issue
A series of four treaties applied at times of armed conflict to protect people not taking part in conflict (including prisoners of war)
8A.4c The Geneva Convention
issues with the Geneva Convention
few cases come to trial and over 150 countries continue to engage in torture
despite many countries endorsing the Geneva Convention, they have not all agreed to the subsequent protocols
some countries may have agreed under international pressure
many countries break or work around the Geneva Convention; for example, the US tortures prisoners through the rendition of prisoners to black sites
