Exam Flashcards
What are the 2 types of bias
Unconscious and conscious
What is another word for unconscious bias
Implicit bias
What is another word for conscious bias
explicit bias
What is explicit bias
Being aware of the bias that is within oneself being vocal about it, indented bias
What is implicit bias
not aware the of bias that is held
Is unconscious/explicit bias permanent
No, one can work to minimize it
What did jurisprudence originally mean
a latin term that meant “knowledge or skill in the law”
What does jurisprudence mean now
is used to describe the science or philosophy of law that deals with investigating the concepts, notions and principles of legal thought
What is sovereignty
the principle upon which a nation or ruling body comes to exercise supreme political authority, jurisdiction, or power over the affairs of state (each country controls what happens within its boarders)
What is sovereignty the root of
National independence and international law
Is responsible for both peaceful and armed conflict between nations
What is internal sovereignty
The ruling body of the state
What outlines Canada’s sovereignty
The Constitution Act– it limits the power the governing bodies have
What is external sovereignty
The concept that a state is an independent political, social and cultural entity and is self determined
basically
What is common law
based on the legal principle known as stare decisis (relying on the decisions made by other courts when determining the outcome of similar cases)
Precedents is a major part of this
What are precedents
jugements or decisions of a court cited as an authority for deciding a similar set of facts
Why are the Circuit Judges (Britain) important (not on review)
Under King Henry II—traveling courts established the roots of our COMMON LAW or CASE LAW system
The creation of precedent `
What is Justice
appropriate standards of conduct, no definitive definition
What is Substantive justice
Concerned with the justice of the criteria upon which laws are based
What is procedural justice
Accurate reconstruction of events and fairness to all parties
How do you know if something is procedural just
Concerns the proper admin. of the formal rules or exercising the law (if all the administrative rules are followed, it is procedurally just)
Justice is concerned w. applying principles of law rather than their nature and substance
Justice becomes more than a matter of arriving at the right decision, it also involves giving a complete and fair hearing to all parties, acting impartially and making an honest effort to arrive at a just decision
What are the 2 ways justice is a test of law
Substative and Procedural just
What are the 6 parts to procedural justice
Principe of fairness (decision makers impartial, be fair)
Principle of Efficiency (avoid errors, be timely)
Principle of Restraint (minimum interference with individuals freedom, society should remain protected, convicted should have minimal harm caused to them)
Principle of Accountability (those in position of power should be held accountable for their decisions and the effects on the accused)
Principle of Participation (citizens involved in a positive way, participations promotes public acceptance of the criminal process)
Principle of Protection (criminal law serves to protect society, offender is entitled to full protection, criminals rights may not be infringed upon by anyone)
what is legal paternalism
To act for the good of another person without their consent, as a parent would their child.
What is public morality
An adopted norm or standard of ethical behaviour that is codified in law
What is Private morality
Our personal set of attitudes and values unobstructed by the law
What are example of laws that conflict with private morality
Abortion, polygamy, smoking marijuana (victimless crimes)
Who is Patrick Devlin
Legal philosopher and British judge
What does Patrick Devlin believe
regarding morals and criminal law are that the law should reflect the society’s morals.
Who is John Stuart Mull
English Philosopher
What does John Stuart Mull believe
that law should not intervene in mattes of private moral conduct more than necessary to preserve order and to protect the citizens against what is injurious
What is the difference between Mull and Devlin’s views
Mull- only intervene private morality a little, when it comes to safety of the people
Devlin- majority rules, so basically whatever most people want, goes even if it intervenes with private morality
What are the primary sources of law
Religion and morality -Judeo-Christian heritage -Moral Philosophy (right and wrong -Reason (Aristotle) Social and Political Philosophy Customs and Conventions Historical Influences
What is the rule of law
Definition; the rule of law is the idea that in order to function smoothly and fairly, all members of a given society agree to abide by a common set of rules, called ‘the law’.
What are the 3 main aspects of the rule of law
Law is necessary to keep peaceful order
Law applies to everyone equally
No one can have unrestricted power to limit rights unless authorized by law
What are the 3 important historical events that led to the development of the rule of law in Canada
The Magna Carta, The Glorious Revolution, The Canadian Constitution
What are the mechanisms that uphold the rule of law
Legal Independence-The separation of powers Laws Police Courts Sanctions Administrative Review
How are sanctions helping to enforce the rule of law
Retribution Removal Restitution Restoration Rehabilitation Reinforcements
What did the Magna Carta state
The law applies to everyone– even the King
The rule of law;
Law is necessary to regulate society
The law applies to everyone
People should not be arbitrarily detained
What are the different separations of powers
Judicial Independence, Judicial Impartiality, Lawyer Independence and Judicial Accountability
What is judicial independence
When judges hear legal cases, they must be able to do so without being influenced by any other source. So, if judges were subject to interest of the state, individuals who are tried by the courts would essentially be tried by the very body that they have wronged
What is judicial independence
judges must function independently of the government
What is Judicial impartiality
Judges and others who decide legal outcomes must listen to all sides of the story, and make a decision on based on the evidence presented infant of them, not on personal opinions
What is customs
A long established way of doing something, that overtime, acquires the force of law
What is customary law
unofficial law in short. It is the long-established customs (standards of community) of a particular place or locale that the general law regards as a legal practice
What is conventions
A way of doing something that has been accepted for so long that it amounts to an unwritten rule
What is consequentialist Moral Reasoning
Locates morality in the consequences of an act
Believes that the moral thing to do depends on the consequences of your actions (e.g. better that 5 should live if 1 should die)
What are the 2 types of Moral Reasoning
Categorical and Consequential
What is categorical moral reasoning
locates morality in certain duties and rights or in certain moral absolute truths, regardless of the consequences
(somethings are just wrong)
What are statutes
written laws enacted by the government
What are the visible parts of the law
Statutes and precedents
What are the 6 functions of law
Helps us avoid or settle disagreements Sets out rights and obligations Provides remedies Maintains order and provides protection Sets up structure of governments Directs how to make laws
Do laws reflect the values and beliefs of society?
Typically, yes
Who developed legal positivism
Henry VIII because the church wouldn’t allow for divorce and he wanted one… he was the king… he stripped the pope of his authority and took control of making laws
What does legal positivism derive from
The belief that law is based on HUMAN authority (e.g. political leaders or law makers)
Law is simply what the lawmaker commands
What is legal positivism
Justice means conformity to the law (Law and justice are identical)
What does legal positivism tell judges
Not to consider the substantive justice of their decision, merely whether the appropriate law has been applied impartially
What are the 2 categories of legal positivism
Letter of the law approach
Spirit of the law approach
Who are the philosophers of legal positivism
Jeremy Bentham and Thomas Hobbes
What is Letter of the law approach
law should be applied according to the literal meaning of the words
What is Spirit of the law approach
The focus should be on what the judge thins the law makers intended to achieve, not just what they stated
Recognizes that the values and purposes underlying the law should be considered
What are the Philosophies of law
Positive Law Natural Law Legal Realism Sociological Jurisprudence Marxism Feminist jurisprudence
What is legal realism
the school of legal philosophy that examines law i a realistic rather than theoretical fashion
Based on the belief that law is determined by hat actually happened in the courts as judges interpret and apply the law
Looks very closely at the discretionary power and creativity of judges and at the way individual judges interpret and apply the law one a case is in court
In legal realism, how might the judges differ from one another
There profession before being a judge, their ethnicity, all about their background
Legal realism stresses the importance of social reality in understanding law and in shaping legal decisions, what does this mean
in order to understand the legal process, one must be aware of the political, economic and social context in which law arises, changes and persists
Do legal realists believe in a “correct solution”
No, each situation is different
Is legal realism a philosophy of law
Not really, more of a method or technology for achieving a more grounded understanding of law and legal process
What is sociological jurisprudence
decision making must be concerned with the social effects of their decisions
Judges that subscribe o this philosophy would consider the impact that their decisions would have on society
All so that the law could be used as a social tool to write the wrongs of society in some respects
Who deals with disputes in Canada
Supreme Court of Canada
what is the highest court in canada
the supreme court
What is Natural Law
Holds that there is a “higher” law than the law makers made by human institutions or lawmakers
Just as natural physical laws like gravity, regulate the way physical objects operate in the world, so does natural moral law regulate the way that human beings are to operate
All human laws must conform to certain standards of morality and justice to be valid
What does Natural Law derive from
The belief that there is a set of idea, enduring, inflexible rules of conduct which is believed all human law should originate
What happens if human laws conflict with this “higher” natural law
Than they are invalid
“an unjust law is no law at all”
What are the sources of Natural Law
No definitive one, but some believe that it is GOD or human realism (rationalism)
Natural law is based on what
Universal Values (shared by all peoples of all times) and what society should work to
Where do many of the Charter of Rights and Freedoms come from
Natural Law
Who came up with Marxism and why
Karl Marx because he had a fascination of the class struggle he observed taking place between huge numbers of factories, mills and mines, and a small number of capitalist class who controlled these ‘means of production’
What did Marx believe
that the english law favoured the capitalist class by strengthening its power over the working class (e.g. there were laws outlawing the act of forming a union)
Who said, “Law is simply class rule. The ‘ruling class’ controls the information of law. Law is an instrument used for maximizing ruling class interests in society and controlling the working classes.”
Karl Marx
What is feminist Jurisprudence
The theory that law was/is an instrument of oppression by men against women
This theory directly chat;edges the notion that the law is objective and neutral in its application and that everyone is treated equally under the law
The “unequal treatment” that is mentioned in feminist jurisprudence takes what three forms
- Historical example of discriminatory laws (e.g. women not considered “persons” could not vote until 1918)
- Law’d Historical Failure to Respond to Women’s needs as distinct from those of men (e.g.1989 it was finally illegal for insurance plans to deny benefits for a pregnant woman)
- Legal institutions are systemically biased against allowing women to attain positions of power and prestige
what is FGM
Female Genital Mutilation
Who are some natural law philosophers
Plato, Aristotle, Cicero,
What did Cicero believe
Civil or human laws should be disobeyed if, in the minds of “wise and intelligent men”, the laws were deemed to conflict with those of nature
The first naturalist to propose the use of civil disobedience to compile law makers to reform laws that failed to conform with the laws of nature
What did Plato believe
Laws should reflect Universal, absolute and eternal truths and virtues
Although people could never fully achieve these truths, the law should strive to
Who is Jeremy Bentham
18th Century English Political Philosophy that believed in Consequentialist Moral Reasoning
Who said “The said truth is that the greatest happiness o the greatest number is the measure of right and wrong.”
Jeremy Bentham
Who are the philosophers of legal positivism
Jeremy Bentham and Thomas Hobbes
What Philosopher is associated with categorical Reasoning
Emmanuel Kant, the 18th century german political philosopher
What is Kant’s Categorical Imperative
The categorical imperative is based on the idea that there are certain ethical or moral rules in the world that we have a duty to follow
This theory focuses more on intent and action itself as opposed to the consequentialist focus of utilitarianism
What is the primary focus of Kantian ethics
you must never use another human being as a means to an end
When a moral action is being considered, according to Kantian ethics, what question should be asked
“What would happen if I made this action a universal law?”
Give an example of Kantian Ethics
someone insults you. You feel like you want to kill them. What would be the moral thing to do? What would happen if I made this action a universal law? You must then kill everyone that insults you. It is unlikely that you would want to make this a universal law. Therefore, you shouldn’t kill that person. AND
you are at a red light early in the morning. No one is coming in any direction and the red light is notorious for being long and you are running late for work. Now you could go ahead and run this red light, according to Kantian ethics, if and only if you would will this action into universal law. This means that you would tell everyone to run red lights anytime they want in a similar circumstance.
Who said “There is, therefore only one categorical imperative. It is: Act only according to the maxim by which you can at the same time will that it should become universal law.”
Kant
What did Thomas Hobbes believe
There can be no such things as rights without strong, coercive human laws to enforce them
Human rights can be given and taken away by the state
Who is Henry Mortentaler
Doctor who preformed abortions despite the law, and eventually got the abortion law struck down
How does Mortentaler’s case reflect the changing morals of a Canadian Society
because even though the majority of people believed that portion was wrong, it directly interfered with the Canadian Charter of Rights and Freedoms… resulting in the retraction of the abortion law. This shows that even the most followed laws can be changed if it interferes with the Canadian Charter of Rights and Freedoms —which is the basis of Canada.
Who is Ingrid Newkirk
animal rights activist and the president of People for the Ethical Treatment of Animals (PETA), the world’s largest animal rights organization.
Why in Ingrid Newkirk a person for change
Improving animal rights with PETA, stopped the silver spring monkeys case (monkeys living in horrific conditions and being tested on)
Closed the largest slaughter house in North America
Convinced major designers to stop using real fur
Ended all car-crash animal tests world wide
Who is Cesar Chavez
Spanish man, who faced discrimination and was forced to work from a young age and in terrible conditions
Why is Cesar Chavez a person for change
because he exposed people who would send Mexican workers in exchange for cheap labour, he changed the working landscape for minorities, getting them to be treated and payed fairly
His work was overshadowed by that of MLKJ because they happened at the same time
Who is Sylvia Rivera
Transgender woman, and LGBTQ activist
Why is Sylvia Rivera a person for change
Person that advocated for the LGBTQ community, fought against discrimination
When police raided stonewall inn (gay bar) and implemented the 3 piece of clothing rule (had to wear 3 pieces of clothing that fit with birth gender) they arrested people and she was the first to throw a beer bottle at a police officer
What methods did Sylvia Rivera use to create change
Violence– as she started riots with the police
Speeches
Who is Harvey Milk
Gay rights activist
Why is Harvey Milk a person for change
Joined politics so he could advocate for gay rights
What methods did Harvey Milk use to create change
Peaceful protests
Who is Mary Two Axe Early
Aboriginal Womens Rights Activist
Why is Mary Two Axe Early a person for change
Started because her friend was ordered to leave reserve when she married a Mohawk from another reserve
She did not accept the fact that women were considered possessions of their husbands
Did not accepts the fact that if married to a non-india, the woman would lose her Indian status
Founded Equal Rights for Indian Women
Got Bill C-31 amended!
Who is Peter Benenson
Founder of Amnesty International, he heard about some students in-prisioned for boating to freedom in public, and wanted to make a difference
What is Amnesty International
Investigates reports of human rights abuses all over the world, non-profit organization that does not accept funds from any government or politics parties
Main focus is to ensure fair and prompt trial for all political prisoners and that death penalty and other cruel punishments are abolished
Has Amnesty International been successful?
140 countries have made the death penalty illegal
Rights of minorities have been strengthened
Nearly 100 human rights treaties have been informed internationally
Who is Liu Xiabo
He was a chinese man who wrote about his distaste for the Chinese– he wanted a better government
Why is Liu Xiabo a person for change
He did not try and change any laws, but tried to get the government to enforce their own constitution (such as free speech)
He was not successful, but he inspired people world wide with his books that he writes in jail
Who is Linda Sarsour
Palestinian-American civil rights activist
Why is Linda Sarsour a person for change
Allowed for Muslim Holidays to be recognized as official school holidays
Campaign that now allows for individuals to sue NYPD, prohibits eased-based profiling and other types of profiling
Protest racial bias in legal sentencing
What method did Linda Sarsour use to create change
Peaceful protests
Social media campaigns
Focused on intersectionality, which was a major component to her success
what is prejudice
preconceived opinion that is not based on reason or actual experience
what is growth mindset
Willing to learn, grow, etc
these people can learn ore and succeed more
What is fixed mindset
Believe that you are either smart, or you are not
not willing to develop more
What is gendercide
is the systematic killing of members of a specific gender
what is equity
the quality of being fair and impartial
What are security certificates
In Canadian law, a security certificate is a mechanism by which the Government of Canada can detain and deport foreign nationals and all other non-citizens living in Canada.
(but they won’t deport them if there is a risk that they may face harm/death upon return to their country)
What are special advocates
A lawyer who is appointed to represent the interests of a party in closed proceedings, i.e. proceedings from which that party has been excluded
(They will talk to the security certificate holder and then they will see the classified evidence, but they may not talk to their client again about the evidence they see)
define bias
a prejudice in favour of or against one thing, person, or group compared with another usually in a way that’s considered to be unfair
May be held by an individual, group or institution and can have negative or positive outcomes
Ones gender, age, gender identity, etc can create this
what is our definition of law
Law is a set of rules established by a governing authority, the values and concepts that inform those rules, and the various institutions making up the system which implements the rules
What is the geneva Convention, 1864
A response to the suffering witnessed at the battle of Solferino, Italy (part of the second war of Italian Independence)
A treaty signed by designed to provide for minimal human rights in a time of war such as the protection of military medical personnel and for the humane treatment of the wounded
How many geneva conventions are there
4
What are the 4 geneva conventions
the first (1864) dealt with the protection of battlefield casualties, the second (1906) to protect those involved in the war at sea, the third (1929) dealt with protection and care of Prisoners of War, and the 4th (1949) focuses on the treatment and protection of civilians during times of war
Why is the Geneva convention important to international law
Because it attempts to establish some rules of war
What is the Nuremberg War Crimes Trials
these trials established legal principles and procedures for the enforcement of international law
led to the drafting of may important international conventions (e.g. Genocide Convention, the Universal Declaration of Human Rights, etc)
This was the first international attempt at International Criminal law and was the precursor to other international war crimes tribunals including the International Crime Court (2002)
What led to the Nuremberg War Crimes Tribunals (1945-46)
Panel of 8 judges that convened in Nuremberg at the end of WW2 to try the big players (Nazi Officers) for crimes against peace, war crimes and crimes against humanity
This was the first time individuals were held accountable for war crimes on the international stage, prior to this it was only done domestically
No longer would ‘I was just following orders’ be an acceptable defence in times of war
Why are the Nuremberg War Crimes Tribunals important
These trials established ‘crimes against humanity’ as a share and demonstrated an international consensus that crimes against humanity were intolerable and should be severely punished by the international community
When was The Universal Declaration of Human Rights created
1948
Why is The Universal Declaration of Human Rights important
it sets out for the first time in the history of the world the fundamental human rights that belongs to all people and all nations and are to be universally protected
it is seen as a guide for all to strive for and outlines 30 inalienable rights
inspired the emergence of a diverse and vibrant human rights movement that exists globally
provides the foundation for many human rights documents all over the world
Is the UDHR legally binding
no
How was procudural justice violated in the Donald Marshall Jr case
The principles of procedural justice that were violated in this case were the principle of fairness, the principle of efficiency. With regard to the principle of fairness, the decision maker (the investigator) clearly tried to protect Ebsary, and was racist, forcing people who were not even on the scene of the crime to falsely testify against Marshal. When the case was reopened by RCMP officers in later years, they had already felt skeptical about Marshal’s innocence, and this most definitely influenced the result of the case. With regard to the principle of efficiency, the investigator made many intentional errors, as the daughter of Ebsary had seen her father washing blood from a knife and when she tried to come forward, the detective said the case was already closed—this is also an example of how principle of participation was violated.
What happened in the Donald Marshall Jr case
Donald (a Micmack) and Sandy Seale (a black) were wag and came across two other men and they “panhandled them” (asked for money), the drunk man (Ebsary) stabbed Seale and cut Marshall
A detective automatically assumed Donald stabbed Seale. The detective ignored all other evidence and made two other teens (one who was on probation and one who was mentally unstable) testify against Marshall even though they actually saw nothing
Marshall was charged with murder and taken to jail, other witnesses tried to come forward but the detective didn’t take their evidence and stuff
marshall was in jail for over 10 years and even when the case was reopened, the officers already were skeptical about him
What is the royal commission
a body set up by the monarch on the recommendation of the prime minister to gather information about the operation of existing laws or to investigate any social, educational, or other matter. The commission has prescribed terms of reference and reports to the government on how any change might be achieved
what are Secondary Sources of Law
current laws that enshrine a society’s values in written rules and regulations that have been formulated by legislators and judges
when was International Criminal Tribunal for the Former Yugoslavia (ICTY) created
Created in 1993 by a resolution of the Security Council
How many people were indicted in the ICTY
116 people were indicted
What was the president of Yugoslavia charged with
Slobodan Milosevic (former president of Yugoslavia, and later Serbia) was charged with crimes against humanity
Were former yugoslavia authorities largely unwilling yo bring perpetrators to court?
yes
where and when was the International Criminal Tribunal for Rwanda created
Established in 1994 and located in Arusha, Tanzania
Why was the International Criminal Tribunal for Rwanda needed
Rwanda, due to the enormous caseload following the genocide, was simply unable to handle the sheer number of cases
Did the ICTR try people for the entire duration of the war?
No, only the 100 days of genocide
Were the tribunals successful
yes
In the tribunals were the accused only rom one side?
No, Accused were from all factions, both sides
Are the tribunals still existing?
Both tribunals still exist, they were meant to be temporary but are still going
What did the tribunals represent
Represented a major development in the enforcement of IHL and Helped to lead to the development of IHL case law
What are hybrid courts
Combination of international and national elements
In hybrid courts, what features do they use from international law
Features of International Law that they use include:
Impartial international staff
Availability of international financial resources
International experts help to prosecute more perpetrators in less time.
Greater access to expertise in investigation, prosecution that they otherwise wouldn’t have available to them.
In hybrid courts, what features do they use from national law?
Features that they use from national courts include:
Using local judges and prosecutors (who are familiar with circumstances, use local language, and know national law)
Often more accepted by the local population as they aren’t seen as an outside force.
Often more efficient and less expensive than international courts
What is an example of a hybrid court
Special Court for Sierra Leone 2002
What was the Special Court for Sierra Leone 2002 used for
Set up to prosecute criminals from civil war
1996-2002
How many trials happened and how many people were convicted in the Special Court for Sierra Leone
Three trials – 8 people convicted
Why is the rome statue important
sets out the crimes falling within the ICC, procedural rules and mechanisms for states to cooperate with the ICC
when did the rome statue happen
July 17th, 1998 a conference of 160 states established the first treaty based permanent international criminal court
When did the International Criminal Court come into existance
2002
where is the ICC located
The Hague in the Netherlands
Is the ICC a part of the UN
It is NOT an office or agency of the United Nations. The ICC is an independent body
How many states have ratified the Rome statue
123
What states have not ratified the rime statue
Big players that haven’t ratified the Rome Statute include: USA, China, Israel and Russia
When does the ICC come into play
The jurisdiction of the ICC is complementary to national courts, which means that the court will act when countries themselves are unable or unwilling to investigate or prosecute.
is the ICC a permanent international criminal court
yes
What does the ICC do
The ICC investigates, prosecutes and tries individuals accused of committing the most serious crimes of concern to the international community as a whole, namely, the crime of genocide, crimes against humanity, war crimes and crimes of aggression
Who can be tried by the ICC
Deals with crimes committed only by individuals (BIG players only). The crimes must have been committed after July 1st, 2002
Is the ICC conflict specific?
No, it is the first one that is not
Who deals with the criminals charged in the ICC
Underlying principal is that it is the responsibility of the state to prosecute. Only if the state is unwilling or unable to prosecute will the ICC proceed to prosecute
How can someone be tried by the ICC
Pursuant to the Rome Statute, the Prosecutor can initiate an investigation on the basis of a referral:
A. from any StateParty
B. from the United Nations Security Council.
C. In addition, the Prosecutor can initiate investigations on the basis of information on crimes within the jurisdiction of the Court received from individuals or organizations (“communications” such as Human rights watch or Amnesty International).
Can a non-state party of the Rome Statue be brought before the court?
Because the referral to ICC can be the result of the UN Security Council, even if a country is not a signatory to the Rome Statute, they can still be brought before the court (technically)
Why will the US never be brought before the court
Because they are part of the UN Security council and they will never allow for an investigation if themselves
Can children by tried by the ICC
The court has no jurisdiction with regards to any person who was under the age of 18 when the crimes were committed
What types of crimes does the ICC deal with
The ICC only deals with crimes against humanity, genocide, war crimes and crimes of aggression
What is genocide
According to the Rome Statute,“genocide” means any of the following acts committed with the intent to destroy, in whole or in part, a national, ethnical, racial or religious group:
killing members of the group;
causing serious bodily or mental harm to members of the group;
deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part;
imposing measures intended to prevent births within the group;
forcibly transferring children of the group to another group.
What does crimes against humanity include
“Crimes against humanity” include any of the following acts committed as part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack:
murder;
extermination;
enslavement;
deportation or forcible transfer of population;
imprisonment;
torture;
rape, sexual slavery, enforced prostitution, forced pregnancy enforced sterilization, or any other form of sexual violence of comparable gravity;
persecution against an identifiable group on political, racial, national, ethnic, cultural, religious or gender grounds;
enforced disappearance of persons;
the crime of apartheid;
other inhumane acts of a similar character intentionally causing great suffering or serious bodily or mental injury.
What do war crimes include
“War crimes” include grave breaches of the Geneva Conventions and other serious violations of the laws and customs applicable in international armed conflict and in conflicts “not of an international character” listed in the Rome Statute, when they are committed as part of a plan or policy or on a large scale. These prohibited acts include:
murder;
mutilation, cruel treatment and torture;
taking of hostages;
intentionally directing attacks against the civilian population;
intentionally directing attacks against buildings dedicated to religion, education, art, science or charitable purposes, historical monuments or hospitals;
pillaging;
rape, sexual slavery, forced pregnancy or any other form of sexual violence;
conscripting or enlisting children under the age of 15 years into armed forces or groups or using them to participate actively in hostilities.
Does the icc have the power to arrest suspects?
The Court does not have its own police force. Accordingly, it relies on State cooperation, which is essential to the arrest and surrender of suspects.
According to the Rome Statute, States Parties shall cooperate fully with the Court in its investigation and prosecution of crimes within the jurisdiction of the Court.
Who is Joseph Kony
(leader of the Lord’s Resistance Army)
The first ICC warrant was issued for Kony
Charges include 12 counts of crimes against humanity and 21 counts of war crimes.
Who is Omar al Bashir
(President of Sudan)
First sitting head of state to be indicted by the ICC
Charges include 5 counts of crimes against humanity, two counts of war crimes and three counts of genocide.
Omar Al Bashir remains as the President of Sudan and he continues to travel freely to many ICC Member states with impunity
Who was the first person to be convicted by the ICC?
Thomas Lubanga Dyilo (Democratic Republic of the Congo)
What was Dylio in trouble for and what is his sentencing
Found guilty of the war crimes of enlisting and conscripting of children under the age of 15 years and using them to participate actively in hostilities.
Sentenced to 14 years imprisonment
What’s are the issues with enforcement when it comes to the ICC
Lack of political will of State Parties to intervene and arrest Bashir. (Uganda, Chad, South Africa, etc.)
State Parties have a duty to cooperate but the Rome Statute does not stipulate specific repercussions for the offending member.
Who is Bosco Ntaganda
From the DRC
charged with 13 counts of war crimes (murder, attempted murder, attacking civilians, rape, sexual slavery of civilians, pillaging, displacement of civilians, enlistment and conscription of child soldiers, etc.) – 5 counts of crimes against humanity
His trial began in September, 2015.
Recently went on a two week hunger strike.
New evidence has surfaced lately to suggest that he has significantly tampered with witnesses.
Who is Jean Pierre Bemba Gombo and why is he in trouble
A politician
two counts of crimes against humanity (murder and rape) and three counts of war crimes (murder, rape, and pillaging). The crimes were committed in Central African Republic (“CAR”) 2002 to2003 by a contingent of Mouvement de Libération du Congo (“MLC”) troops. Bemba was a person effectively acting as a military commander with effective authority and control over the forces that committed the crimes. Sentenced, on 21 June 2016, to 18 years of imprisonment.
Who is Ahmad a Faqi a Mahdi (Abu Torab) and why is he bad and what is his sentencing
A member of Ansar Dine, a Tuareg
Islamic extremist militian in North Africa
Plead guilty this year at the ICC for the war crime of attacking religious and historical buildings in Timbuktu, Mali.
He was the first person to be convicted in the ICC of this crime.
He was sentenced to 9 years in prison.
Can the ICC impose the death sentence
No
What is the max amount of imprisonment from the ICC
30 years, but life can be imposed for extreme circumstances
Where are sentences served from the ICC
Convicted persons serve their prison sentences in a State designated by the Court from a list of States which have indicated to the Court their willingness to accept convicted persons
Who is the current Chief Prosecutor of the ICC
Current Chief Prosecutor is Fatou Bensouda
What was the first Chief Prosecutor of the ICC
The First Chief Prosecutor Luis Moreno Ocampo
When does International Humanitarian Law apply
Once a state has begun using armed force, there are different rules that apply, these are known as Humanitarian Laws or the laws of war
What is International Humanitarian law
Humanitarian law defines the conduct and the obligations of nations engaged in warfare, both in terms of how states act toward one another and how they act in relation to civilians, or those not involved in the fighting. This is also known as “the laws of war”
What is Humanitarian law used for
The rules and principles of humanitarian law were designed to save lives and alleviate suffering during armed conflict
What are the optional protocols for the geneva conventions
two Protocols Additional to the four 1949 Geneva Conventions were adopted in 1977. They strengthen the protection of victims of international (Protocol I) and non-international (Protocol II) armed conflicts and place limits on the way wars are fought. Protocol II was the first-ever international treaty devoted exclusively to situations of non-international armed conflicts.
In 2005, a third Additional Protocol was adopted creating an additional emblem, the Red Crystal, which has the same international status as the Red Cross and Red Crescent emblems.
List the criticisms of the ICC
System protects the veto-wielding members and their allies
Impotent against most powerful states
only people to be tried are from Africa
Inability to bring criminals before the court
Each state is not bound without its consent
Signature is not enough, ratifications must also occur or else the ICC has no power over them
Crimes of aggression are not punished
Supporting the Criminalization of Sex Selective abortions
Will stop minimize sex-selective abortions
Women are bullied into having sex-selective abortion
Physicians are facing moral and ethical dilemmas when they have a feeling that they are being asked to preform a sex-selective abortion
Opposing the Criminalization of sex selective abortions
they create new obstacles to reproductive healthcare
Do not address the serious and complex concerns raised by the practice of sex-selective abortions
Means that a woman who does want a sex-selective abortion will face extremely high and intrusive scrutiny
Number of girls “missing” after birth in china as risen since ban on sex-selective abortions
People who have sex-selective abortions could simply lie
This tells the society what is right and wrong, making people think they all have to be uniform
Marginalizes woman who are already disempowered
If criminalized, women of colour would be singles out and be restricted by federal funds because they are afraid the risk make be to high for them (they may be more likely to have a sex-selective abortion), therefore healthcare will be limited for them
If a woman is bullied by her family, she may have no other choice
What does the Dutch Model entail in terms of prostitution
All legal
What does the Nordic Model entail in terms of prostitution
criminalized the purchaser of sex (johns) and pimps
not criminalize the prostitutes
(In terms of Sweden)
people were offered education programs and awareness campaigns
Number of women in prostitution has decreased
Almost not foreign women remaining in street prostitution
Some human traffickers find Sweden to be an unattractive destination for trafficking women
however the conviction of johns remain rare
disrupted organized crime, deterred purchasers of sex, changed public attitudes, cut street prostitution in half,
Define prostitution
Engaging in sexual activity for payment
Define Hors de combat
french for outside of the fight (civilians are an example for this, same with injured soldiers)
What other names do international treaties go by?
conventions charters • covenants • protocols • pacts • acts • statutes • agreements
What is the United Nations? What are its main aims?
The main aims of the UN are set out in its charter:
• promoting human rights
• maintaining international peace
• reducing poverty and injustice
How many Member States are there in the UN?
193
What is “formal equality” among states and why is that an important part of international law?
Means that even if one country is not actually equal to another in terms of military strength, economy, or political stature, it will possess the same basic rights and responsibilities as that state or any other.
In terms of the UN, it means that each state has one vote
What are the six main branches of the United Nations?
General Assembly, Security Council, Economic and Social Council, Trusteeship Council (now largely inoperative), International Court of Justice (which only deals with civil law matters referred to it) and Secretariat
What is the United Nations Charter? What does it do?
The treaty that established the United Nations. The UN Charter describes the principles, functions, and structures of the United Nations and is legally binding on all Member States of the UN.
What are the four main purposes of the UN nations as listed in the UN Charter?
keep peace throughout the world
develop friendly relations among nations
help nations work together to improve the lives of poor people, to conquer hunger, disease and illiteracy, and to encourage respect for each other’s rights and freedoms
be a centre for harmonizing the actions of nations to achieve these goals
What is the General Assembly?
where most of the discussion, debate, and decision-making among Member States over the world’s most pressing problems take place
What does the General Assembly do
The decisions made in the General Assembly drive the work of the UN
How does the general assembly work
Decisions are usually not called for until there is broad agreement among Member States. When a vote has to be called on UN priority matters (such as peace, security, budgetary matters or the admission of new members), a two-thirds majority vote is required. All other matters require a simple majority of more than half the votes cast; however, a vote is not usually called until a substantial majority of Member States has indicated support. Although the decisions of the General Assembly cannot force any state to take particular actions, General Assembly Resolutions are considered to be an indication of world opinion
What is the Security Council
Primarily responsible for the maintenance of international peace and security. The Security Council is the only UN body that can order the use of force to implement its decisions
Who are the five permanent members of the Security Council
United States, China, Russia, France, and the United Kingdom
How are the non-permanent members elected? How long to they serve?
Non-permanent members are Member States elected to the Security Council and serve two-year terms.
How does the voting system work in the Security Council
Every member of the Security Council has one vote, but not all the votes are of equal weight. For a proposal before the Security Council to pass, it must receive an affirmative vote from at least nine members. However, if one of the permanent members votes against the proposal, the adoption of that proposal will be prevented. This is called the veto or “great power unanimity” and will prevent the adoption of a proposal even if it has received nine affirmative votes. All Member States are required to carry out a decision of the Security Council
What is the international Court of Justice
The primary judicial body of the United Nations
Is the ICJ a civil or criminal court
It is a civil court that deals primarily with disputes between Member States and does not have the jurisdiction to prosecute individuals accused of crimes
What are the main roles of the ICJ and how does it work
two main roles: it settles disputes referred to it by Member States and gives opinions on legal questions referred to it by authorized bodies of the UN. When making a decision, the court will apply international law, including: international treaties and conventions, international custom, general principles of law, existing judicial decisions, and sometimes the writings of international scholars and academics.
Only Member States are able to submit disputes, called “contentious cases.” All parties to the dispute must agree that the ICJ has the power to hear the matter and that they will be bound by the decision of the court. If a party to a dispute believes another party has not lived up to their obligations under a decision of the ICJ, it can appeal to the Security Council, which has the power to decide what measures to take to enforce the judgment
What role do NGOs like Amnesty International and Human Rights Watch play in monitoring treaties.
Monitor how countries are following up on their promises to implement a particular treaty. International NGOs like these issue their independent reports, called alternative, or “shadow” reports, on progress and problems in a country under review, making presentations to the UN body that monitors the treaty as well as to local and international media
What is the International Bill of Rights
Altogether the Universal Declaration of Human Rights, the International Covenant on Economic, Social and Cultural Rights and the International Covenant on Civil and Political Rights make up the International Bill of Rights
What is the Convention on the Elimination of all Forms of Racial Discrimination (CERD)
states parties to the elimination of racial discrimination and the promotion of understanding among all races.
Signatories to the CERD agree to change any domestic laws or policies that create or perpetuate racial discrimination as well as outlawing hate speech and criminalizing membership in racist organizations.
The CERD defines racial discrimination as any distinction, exclusion, restriction or preference based on race, colour, descent, or national or ethnic origin, which has
the purpose or effect of impairing the enjoyment of human rights and fundamental freedoms on equal footing with others. This definition does not apply to distinctions, exclusions, restrictions, or preferences made by a state between citizens and non- citizens
What is the Convention on the Rights of the Child
Recognizes that children under the age of 18 often require special care and protection. In most countries, children under 18 have limited abilities to participate in society (for example, they cannot vote), which makes it difficult for them to protect and advocate for their own rights.
In addition to the convention are two optional protocols: the first is intended to strengthen the protection of children during armed conflict (and in particular, the protection against the recruitment of child soldiers) and the second is for the prevention of the sale of children, child pornography, and child prostitution.
When was the CRC made
The CRC was adopted in 1989 and recognizes that children have a right to a full range of human rights.
What are the 4 corse principles of the CRC
There are four core principles underlying the CRC:
• non-discrimination
• devotion to the best interests of the child
• right to life, survival and development
• respect for the views of the child
True or false:
A universal standard applies only to a few states
false it applies to all
A multilateral treaty is a legal agreement between two states true or false
false, it is 3 or more
A human rights treaty (law) of the United Nations is “domestic” law (T/F)
False, it is international law
Quebec follows the Criminal Code of Canada (T/F)
True
The rule of law only applies to citizens (T/F)
False, it applies to everyone
What is classified as a state
Under international law, a state is a country that meets the following criteria. A state has:
• a permanent population.
• control over a de ned territory.
• a government.
• the ability to enter into relations with other states
Corporations can be members of the UN (T/F)
False
The Security Council is the only UN organ that can order the use of military force (T/F)
true
What are NGO’s
Non-governmental organizations (NGOs) are organizations set up by individuals
or groups, not states
NGOs do not typically have rights, duties, or powers under international law; rather, they advocate for certain outcomes based on their founding values (such as social justice) and act as an intermediary between the state-dominated international legal system and individuals.
Non-governmental organizations (NGOs) can be members of the UN (T/F)
False
Ratifying a treaty is the same thing as signing it (T/F)
False, to ratify means that you incorporate it into the laws as well,
signing is just acknowledging it is there
Laws created by a treaty apply to all countries even if a country has not expressly
agreed to be part of the treaty (T/F)
False, it only applies to those in the treaty
Treaties are based on established customs between countries (T/F)
??
The UN Charter is legally binding on all Member States of the UN (T/F)
False, it is not legally binding
The Security Council has the most members of any organization of the UN (T/F)
??
The General Assembly can order the use of military force
true
The International Court of Justice does not have criminal jurisdiction to prosecute
individuals (T/F)
true
UN treaty-monitoring bodies are made up of NGO representatives (T/F)
true
Signing a UN treaty is all that is required to make it legally binding on a Member
State (T/F)
False, they must also ratify it
To become international law, all UN treaties must be approved by a majority of the
192 members of the UN General Assembly (T/F)
True
The Universal Declaration of Human Rights is legally binding on its signatories (T/F)
false,
The kinds of rights in the Universal Declaration of Human Rights include rights for our physical needs, protection, and development (T/F)
true
The International Bill of Rights is composed of the Universal Declaration of Human
Rights, the International Covenant on Economic, Social and Cultural Rights and the International Covenant on Civil and Political Rights (T/F)
True
Only states can submit reports to the CEDAW committee (T/F)
False, so can NGOs
CEDAW is like the Bill of Rights for Women (T/F)
??
The Special Rapporteur on violence against women judges governments on the
basis of complaints it receives (T/F)
False– Does not judge the country, it will just offer solutions
The Convention on the Rights of the Child applies to children under the age of 18 (T/F)
True
Not all children have the same rights under the CRC (T/F)
False, they do have the same rights
The right to play is protected by the CRC (T/F)
True
What is the Convention against torture and other cruel, inhumane or degrading treatment or punishment
calls for the complete prohibition of torture worldwide and provides for the creation of the Committee Against Torture to monitor the implementation of the Convention by states parties (countries that are a party
to the treaty). The CAT was adopted by the General Assembly in 1984 and Canada ratifed the Convention in 1987.
CAT requires that states parties do not expel or return an individual
to another state where that individual may be tortured
international governance organization
organizations that are set up by a legal agreement (treaty) between two or more states. Depending on what the treaty
that created the organization says, international law will apply to international governance organizations and they will have certain rights, duties and powers under the law. For example, the United Nations (UN) is the largest and most comprehensive international governance organization with wide-reaching powers
What is the secretariat
The Secretariat, one of the main organs of the UN, is organized along departmental lines, with each department or office having a distinct area of action and responsibility. Offices and departments coordinate with each other to ensure cohesion as they carry out the day to day work of the Organization in offices and duty stations around the world. At the head of the United Nations Secretariat is the Secretary-General.
Figures out the day to day stuff of the un
What are The YOGYAKARTA PRINCIPLES
The Yogyakarta Principles address a broad range of international human rights standards and their application to issues of sexual orientation and gender identity.
What is the international legally binding agreement involving rights of economic, social and culture
International Covenant on Economic, Social and Cultural Rights
What is the international legally binding agreement involving civil and political rights
Iternational covenant on civil and political rights
What is the UND on the Rights of Indigenous Peoples (UNDRIP)
Affirming that indigenous peoples are equal to all other peoples, while recognizing the right of all peoples to be different, to consider themselves different, and to be respected as such… basically saying they have the same rights as others and they need to be upheld
Who are the rohingya
Stateless ethnic group who is not recognized by anyone and is facing genocide conducted by the buddhist extremists
What is significant about myanmar/burma
They are the ones that are marginalizing the rohingya, it was Burma before the military took control
who is justine blainey
Woman who fought for females to play in males hockey, took it to the supreme court and won
Her argument was that it was in violation of s. 15 (equality rights)
What did martin luther king jr do
Fought against racial discrimination
Who is sue rodriguez and why is she important
she fought for the right to have medically assisted death and lost (read into this a bit more)
Who is gloria taylor and why is she important
She fought for the right to have medically assisted death and won! This shows that how as the times change, so does peoples opinions
Who is bashing al-assad
Syria’s president (he is bad, committing many war crimes and crimes against humanity)
What does human rights watch do
investigate abuses, expose the facts widely, and pressure those with power to respect rights and secure justice. Human Rights Watch is an independent, international organization that works as part of a vibrant movement to uphold human dignity and advance the cause of human rights for all
What is the standing rock issue
Tribes working together to stop the Dakota Access Pipeline as it would run through their reserve and disturb their lives immensely
