Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

ECH 1100 > Final > Flashcards

Final Flashcards

1
Q

International Humanitarian Law

A

Can be defined as the branch of international law limiting the use of violence in armed conflicts by:
– sparing those who do not or no longer directly participate in hostilities;
– restricting it to the amount necessary to achieve the aim of the conflict, which – independently of the causes fought for – can only be to weaken the military potential of the enemy
*can only be used

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

International Human Rights Law

A

a set of international rules, established by treaty, custom, on the basis of which individuals and groups can expect and/or claims certain behaviour or benefits from governments

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

UDHR

A

est. 1948
• It represents the universal recognition that basic rights and
fundamental freedoms are inherent to all human beings
*not legally binding

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

International Criminal Court

A

• is a permanent international court established to
investigate, prosecute and try individuals
– crime of genocide, crimes against humanity, war crimes and the crime of aggression.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

War Crime

A
  • are those violations of international humanitarian law (treaty or customary law) that incur individual criminal
    responsibility under international law

-war crimes must always take place in the context of an armed conflict, either international or non-international.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Crimes Against Humanity

A

are particularly odious offences in that they constitute a serious attack on human dignity or grave humiliation or a degradation of human beings

Defined in ICC article 7: murder, extermination, enslavement, deportation, torture, rape, sexual violence, persecution, apartheid, etc.
Elements of the crime: physical (commission of acts), contextual (widespread, systematic attack), mental (knowledge and planning in order to further a plan to attack)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Responsibility to Protect

A

responsibility of states to protect their populations from genocide, war crimes, ethnic cleansing and crimes against humanity. Ratified at UN World Summit 2005, R2P is a norm, not a law. Sovereignty is a responsibility, not a right and so governments need to protect their own populations. Duty to prevent, react, and rebuild
**Sovereignty as responsibility

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Rome Statue

A

1998
120 States adopted a statute in Rome - known as the Rome Statute of the International Criminal Court (“the Rome Statute”) - establishing the International Criminal Court

it sets out the crimes falling within the
jurisdiction of the ICC, the rules of procedure
and the mechanisms for States to cooperate
with the ICC

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Ethnic Cleansing

A

the systematic forced removal of ethnic or racial groups from a given territory by a more powerful ethnic group, often with the intent of making it ethnically homogeneous.

The forces applied may be various forms of forced migration, intimidation, as well as genocide and genocidal rape.

The act of forcing a population out of an area.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Genocide

A

Killing specific members - eradicating systematically - destroying the biological foundation of the group

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

International Customary Law

A

International obligations arising from established state practice, as opposed to obligations arising from formal written international treaties

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Common Article 3

A

common to the four Geneva Conventions, marked a breakthrough, as it covered, for the first time, situations of noninternational armed conflicts.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

UN Secuirty Council

A
  • International Collective Security Organs
  • Maintains international peace
  • Investigate potential threats to international peace and security
  • Military and security resolutions
  • Peacekeeping missions
  • Can refer cases to the International Criminal Court
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Transitional Justice

A

Refers to the set of judicial and non-judicial measures that have been implemented by different countries in order to redress the legacies of massive human rights abuses.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Sovereignty

A

the authority of a state to govern itself or another state

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Grave Breaches

A

grave breaches constituted a category of violations of
those conventions considered so serious that states agreed to enact domestic penal legislation
**Only in International armed conflict.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

Humanitarian Intervention

A

Coercive actions by one or more states involving the use of armed force in another state without the consent of its authorities, and with the purpose of preventing widespread suffering or death among its inhabitants

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

Ad Hoc Tribunals

A

tribunals created to deal with international crimes, mainly genocide, war crimes, ethnic cleansing and crimes against humanity. Includes the ICTY and ICTR

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

Norms vs. Convention

A

conventions are legal and official documents - obligations states have

norms can also be considered customary law - you do it out of moral obligation

20
Q

Role of the UN Security Council

A

– International Collective Security Organs
• Maintains international peace
• Investigate potential threat to international peace and security
• Military and security resolutions
• Peacekeeping missions
• Can refer cases to the International Criminal Court

21
Q

Ethnic Cleansing vs. Genocide

A

the end goal of genocide is complete destruction of a particular group, while ethnic cleansing is an expulsion of the group from a certain area, often encouraged by violence.

Use Myanmar, Holocaust, or Rwanda

22
Q

International Humanitarian Law vs. International Human Rights Law

A

International humanitarian law and international human rights law are two distinct but complementary bodies of law. They are both concerned with the protection of life, health and dignity of individuals.

IHL applies in armed conflict while human rights law applies at all times, in peace and in war.

23
Q

State obligations (regards to genocide)

A

To prevent it, to punish those who do it, and to protect its citizens from it

24
Q

What is it? History, context, and the development of an international norm (regards to R2P)

A
25
Q

Examples of war crimes

A

Torture, willful killing, compelling a
prisoner to serve in hostile forces, unlawful
deportation, hostage-taking

26
Q

Members of the UN Security Council

A

5: China, France, Russia, United Kingdom, United States

10 non-permanent members

27
Q

ICTY

A

International Criminal Tribunal for the Former Yugoslavia (ICTY) (Resolution 808) in 1993.

28
Q

ICTR

A

International Criminal Tribunal for Rwanda (ICTR) (Resolution 955) in 1994.

29
Q

What does the Rome Statue do

A
  • it sets out the crimes falling within the jurisdiction of the ICC, the rules of procedure and the mechanisms for States to cooperate with the ICC
  • Clarifying and broadening the legal definition of crimes against humanity builds upon customary law.
  • Extending the definition of war crimes to offenses committed in internal armed conflicts
30
Q

Limitations of the ICC

A
  • limited jurisdiction
  • difficult referral process
  • possible UNSC veto
31
Q

ICC Checklist

A
  • is the crime under ICC jurisdiction?
  • is there temporal jurisdiciton?
  • was the case properly referred?
  • is the domestic court unable or unwilling to prosecute?
32
Q

Temporal justice

A

whether or not a court has the authority to adjudicate a matter based on when it happened

ex: crimes that occurred a century ago could not be prosecuted today because they took place before the Geneva Conventions

33
Q

Main Problems with R2P

A

Imperialistic interventionism (impose your own idea of humanitarian intervention based on own interests and culture); moral hazard (use of R2P to advance political purpose, staging conditions for mass murder)

34
Q

Importance of the Ad Hoc Tribunals

A

• Advances in international humanitarian law
– Domestic and international conflicts
– Treat violations of Common article 3 as criminal
– Address the challenge of internal conflict
• Leaders not immune to prosecution
• Gender crimes (Rape, Enslavement, and Sexual Violence)
– First definition of rape in international law
– Rape as a crimes against humanity
– Also be part of torture, genocide, and war crimes
• Genocidal rape
• Genocide
– Sexual violence (genocidal rape)
– Hate speech considered as a crime against
humanity

35
Q

Main Objectives Behind IHL

A
  • Protect those are not fighting, such as civilian,s medical personnel, or aid workers
  • Protect those who are no longer able to fight, like an injured soldier or a prisoner
  • Prohibit torture and degrading treatment of prisoners
  • Mandate that the sick and wounded have a right to be cared for, regardless of whose side they are on
  • Limit the weapons and tactics that can be used in war, to avoid unnecessary suffering.
36
Q

The First Geneva Convention

A

treatment of sick and wounded in the armed forces

37
Q

Limitations of the Geneva Conventions

A

only apply during armed conflict

only 3/4 apply in a civil conflict
war crimes can only happen during int. conflict

two types of conflict:

  1. international armed conflict
  2. non-international armed conflict
38
Q

The Second Geneva Convention

A

treatment of sick and wounded at sea

39
Q

The Third Geneva Convention

A

relative to the Treatment of POW

40
Q

The Fourth Geneva Convention

A

relative to the Protection of Civilian Persons in Time of War

41
Q

Genocide Convention

A

defines the crime of genocide in detail, in terms of the required intent and prohibited acts. States that genocide may be committed in times of peace or conflict. Obligates states to prevent and punish genocide

42
Q

Genocide convention article 2

A

defines the five acts of genocide

43
Q

Limitations of humanitarian intervention

A

no basis for humanitarian intervention in international law; states do not intervene for primarily humanitarian reasons; states cannot risk soldiers’ lives to protect strangers’; abuse; selectivity of response; disagreement about moral principles

44
Q

Sources for Legal Intervention

A
  1. UN Charter: human rights provisions, chapter 7
  2. UDHR
  3. Genocide convention
  4. Geneva convention
  5. Statute of the ICC
  6. International Commission on Intervention and State Sovereignty: just cause, right intention, final resort, legitimate authority, proportional means, reasonable prospect
45
Q

The difference between crimes against humanity and war crimes

A

war crimes: must take place during a time of an armed conflict

cah: specific acts undertaken in the context of a widespread or systemic attack on the civilian population

46
Q

The Convention of the Prevention and Punishment of the Crime of Genocide

A

Article 2: genocide means any of the following acts committed with intent to destroy, in whole or in part, a national/ethnic/religious.racial group:

  - killing members
  - causing serious bodily harm
  - preventing births

ECH 1100 (2 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions