Global governance- HRs

Question 1

adv of international law

Answer 1

helped govern international relations since risk of nation-state
= reinforce principle of reciprocity= if one state obeys laws, others are more likely to follow and secure global security

Question 2

disadv of international law

Answer 2

• non-binding= no guarantee states will abide

Question 3

first frameworks of legal HRs

Answer 3

• 1948 UDHR made after WW2= not legally binding but still introduced universal framework to set the standard for HRs protection
• 1948 convention on the prevention and punishment of the crime of genocide= prompted by horrors of holocaust= treaty define genocide as a crime under international law
• 1950 ECHR created legally binding HRs system that allowed individuals to file complaints against states
  = enforceable regional HRs mechanisms
• CEDAW 1979= convention targeted gender discrimination
  = mandated measures for equal treatment of women across societal and political life

Question 4

realist POV on international law

Answer 4

• argue international law ‘is not real’ law because it isn’t enforceable and relies on voluntary state compliance
• international relationships driven by national interests with states to max their power
• powerful states can often ignore international law wo facing significant consequences as there no superior authority to hold them accountable

Question 5

liberal POV on international law

Answer 5

• successful in shaping state behaviour through moral message and diplomacy
• contributes to rule based international order= states recognise adherence to these rules that benefit them in the long term

Question 6

roles of ICJ

Answer 6

• primary role is to promote peaceful resolution and contribute to development of international law
• settles disputes= when one case is brought to them they reach binding decision for states to all comply
• only states can be a member
• issues advisory opinions @ request of UN general assembly, security council and there UN agencies
  = these options are non-binding but carry moral weight to clarify international law and guide actions of UN and member states

Question 7

disadv of ICJ

Answer 7

• effectiveness is limited by the fact that states must consent to its jurisdiction for disputes to be heard and rulings to be enforced
  = if state refuses to recognise court’s authority there’s barely any mechanisms to force compliance
• advisory opinions are non-binding
  = states can ignore them wo facing legal consequences
  = undermines court’s ability to act as decisive force in resolving international conflicts or holding states accountable for violations of international HRs law
• only deals w cases between states and doesn’t have jurisdiction over individuals
  = limits its direct impact on holding perpetrators of HRs abuses accountable
  = ICC is more effective in prosecuting individuals

Question 8

key disadvantage ICJ cases

Answer 8

• Mynamar and rohingya muslims 2019
  = Gambia brought case against mynamar to ICJ= accused of committing acts of genocide against Rohingya muslim population
  = ICJ issues provisional ruling in 2020 ordering Myanmar to take immediate action to protect muslims and prevent further harm
  BUT there was limited compliance from Myanmar’s gov= limited enforcement
• russia and ukraine 2022= response to Ukraine’s claim of genocide= ICJ issued an advisory opinion that ordered russia to immediately halt it’s military action in Ukraine
  BUT despite the ruling, russia refused to comply and continued it’s invasion
  = argued that claims of genocide were baseless= limitations of ICJ enforcement powers as it relies on state cooperation
• after 9/11, US launched war on terror leading to military interventions and extensive anti-terrorism measures
  = reports surfaced of HRs abuses like torture and indefinite detention @ facilities like guanantoma bay which raised concerns on international law
  BUT no case for brought against ICJ

Question 9

key adv ICJ cases

Answer 9

• Costa Rica and nicaragua 2018= territorial dispute over san Juan river, ICJ ruled in favour of costa rica
  = required nicaragua to compensate for environmental damage
  = both countries complied with ruling= show court’s ability to resolve environmental and territorial issues
• 2022 democratic Republic of Congo v Uganda
  = case regarded Uganda’s military int in democratic republic of Congo during late 1990s
  = ICJ ordered Uganda to pay $325 mil in reparations to DRC for damage caused by violations of international law like HRs abuses and illegal exploitation of resources
  = uganda complied w judgement

Question 10

roles of ICC

Answer 10

• can initiate investigations and prosecutions based on referrals from member states
• victims can contribute their views and concerns during hearings
  = victim may receive reparations after conviction
  = underscores ICC’s commitment to justice for people directly affected by HRs abuses etc

Question 11

describe ICC

Answer 11

independent judicial body established to prosecute individuals for most serious offences of concern to international community like genocide, war crimes and crimes against humanity
= created through 1998 Rome statute
= focuses specifically on individual criminal accountability

Question 12

ICC has limited influence

Answer 12

• depends on cooperation of member states to execute arrest warrants and facilitate investigations= wo this, apprehending suspects can be challenging
  = Omar al bashir (former president of Sudan)