component 3: human rights Flashcards
international court of justice
- part of the UN, ICJ arbitrates disputes between nations which usually relate to human rights issues or border issues.
- successes: states can submit grievances to the ICJ instead of resorting to war. UN charter states all nations should comply with its rulings, it can decide disputes submitted to it and give advisory opinions. 2012: ruled that senegal should put the former president ofchad on trial: found guilty of killing 40,000. Borderdisputed between HOnduras & El Salvador resolved in 1992.
- weakneses: cannot initiate cases- only consider ones broguht to it. States able to choose whether to subject t its decisions via optional clause: only 74 signed. Veto weilding p5 are usually unwilling to enforce he court’s judgements. e.g. USA refuces to accept a judgement against mining of Nicaraguan harbours in 1984. Uk gov refused to accept ruling of Chagos islands was illegal
internaitonal criminal court
- is a court of last resort to deal with war crimes, crimes against humanity and genocide. Set up in 2002, not controlled by UN, 124 states signed up.
- strengths: by 2021 its considerred 31 cases, issues 37 arrest warrants and 10 convictions including 2 former conoglese warlords convicted of HR abuses; recruitment of child soldiers. Expanded investigations beyong Africa: ISraeli defence force in GAza strip. ICC proceedings have provided offical record and public evidence of atrocities. Been able to provide justice where nation states may not be able to.
- limitations: non-signatories inclue CHina, Russia and USA- 3 most powerful of UNSC and India so 70% of world pop is out of ICC’s jurisiction. Only indicted and convicted fricans = institutionally prejudiced. NO pwoer to make states hand over individuals who have been indicted. Court os costly (budget of $155 million), slow moving and achieves little
united nationa tribunals
- 1990s: growing concern for war crimes & crimes against humanity taking place.As a result UNSC authorised 4 war crimes tribunals. Their aims were: bring justice and punish individuals, publicise the horrors of genocide, show that international community can try heads of states & won’t tolerate abuse of rights.
-ICTFY: Yugoslavia: sentenced 90 war criminals,including former president of bosnian serb republic, arrested serbian president. Publicised atrocities such as Srebenica. - Cambodia trial: sentenced 3 Khmer rouge leaders to life, increased understanding of what had happened in Cambodia.
- ICTR: Rwanda: convicted 61 individuals including former PM Jean Kambanda, established principle that rape can be used as a way or perpetrating genocide.
- Special our for Sierra Leone: convicted 15 people of war crimes during civil war including former liberian president, proved no one is above the law
difficulties with the international protection of human rights
1 - state soveriegnty: universal HR conflicts withstate sovereignty. IF states are independent and autonomous, they should be responsible for everything in their borders and no othre state should intervene under the UN charter,
2 - cultural traditions: there are different perspectives of human rights around the world. UN decleration of HR is based on a western approach. Asian values: Asian socities focus more on communal rights e.g. family, duty. ISlamic critique: muslim states argue HR are detirmned by the higher law of islam e.g. Saudi Arabia rejects idea that muslims can renounce their faith, conflicts with the UNDHR idea of religious freedom.
3 - Holding powerful states to account: powerful states are willing to ignore international standards when it suits their purposes e.g. usa’s war on terror.
humanitarian intervention
- In cold war, there was few humanitarian intervention as states placed more emphasis on sovereignty. After cold war, there was widespread feeling that there was an oppurtunity for HR to become more important in international politics.
- successful intervention: Cote d’ivoire: 2011, president gbagbo refused to accept election defeat = civil war. UNSC mandated destruction of Gbagbo’s military, france intervened with air & ground forces, successful as: there was no doubt Gbagbo had lost the election, it is coastal = easy to send aid, when legitimate gov took office, peace & stability were created.
- unsuccessful: Libya: 2011: uprising against regime of President Gaddafi = civil war. NATO enforced UN security resolutions of 1970 & 1973, focused on Gaddafi’s airforce and artillery. Libyan gov was puhed back, Gaddafi captured and killed. But aftermath: ethnic tensions & clan rivalry, ,no history of liberal democracy so centralised gov broke down, armed gangs seized control.
