Global Governance : Human Rights Flashcards
Define universal
Belongs to all humans regardless of nationality, ethnicity, racial origin and social background
Define fundamental
Human rights can be denied or violated but cannot be removed (humans are entitled to them)
Define absolute
They are fixed and cannot be qualified
What is a contemporary example of the violation of universal human rights ?
Israel going against Palestinian human rights invading the Gaza Strip (collective punishment)
Keir Starmer then voted for no cease fire
Causing rebellious labour members (majority) to o against Starmer, claiming that they do want a ceasefire fire between the two
Case of Lindsay Sandiford
- tried to smuggle cocaine into Bali and was sentenced to death by the firing squad
- UK reporters and her local MP and Cameron were outraged
- Indonesian judges rejected all appeals arguing her actions undermined the war against drugs and her actions would have affected many Indonesians
What were the Nuremberg Trials
- post WWII, post unprecedented crimes of the Nazisand discrimination against Jews
- these trials were held by the allies against the Nazis for genocide and crimes against humanity
How did the Nuremberg trials go against the notion of the nation-state ?
The Nazi leaders who were convicted, were convicted by judges from the US, UK and Soviet Union therefore removing state sovereignty from Germany
The Charter of the UN (1945)
This was the first international treaty, formed in immediate reaction to the human rights violation by the Nazis
Seeking to :
- maintain international peace and security
- protect human rights
- deliver humanitarian aid
- support sustainable development and climate action
Universal Declaration of Human Rights [UDHR] (1948)
This one of the first documents that universally outlines 30 rights and freedoms that belong to all of us that nobody can take away
It established the idea that human rights are universal and inalienable
United Nations High Commissioner for Human Rights (1993)
- in 1993, at the world conference on human rights the position of the UN high commissioners for human rights was established
- their responsibility is to promote the adherence to human rights and expose its violation
- this impacted int. law as it establishes great moral authority
- e.g in 2014, Jordanian al-Hussein has card in role as in 2016 he gave us an evocative update on HR
Which NGOs have impacted human rights ?
- Amnesty International
- Human rights watch
- Red Cross
- Save the Children
How have NGO’s impacted international law ?
- ability to use data, reports and information to hold international states to account
- the global pressure groups use the internet to help prevent and expose violations of human rights
Example : Human Rights Watch report
E.g the human rights watch publishes its annual ‘World Report’ which catalogues nation states’ records on human rights
In 2017, it accused Syrian President Bashar al-Assad of deploying ‘ a war crimes startegy’ in his country
In 2016, it accused Trump of ‘a campaign tormenting hatred’, focusing on European populism which undermined respect for human rights
British Red Cross [impact on int. law]
S
Human Rights Watch [impact on int. law]
S
Amnesty international [impact on int. law]
S
What are the realist and liberal perspectives on int. law ?
Realist view
Sceptical about international law and its value, realists usually draw a sharp distinction between domestic and international law
Liberal view
Liberals have a positive assessment of the role and importance of international law. Regimes of int. law reflect the common interests and rationality that bind statesmen together
Example of self interest preventing int. law
Saudia Arabia rejecting female rights
Reasons why int. law is obeyed
In all legal systems there is a balance between compliance and violation (including int. law)
- Self interest
- Fear of disorder
- Fear of isolation
- Fear of punishment
- Identification with international norms
Morgenthau (realist) view on international law
He has noted that international law in most instances has been ‘scrupulously observed’
International Court of Justice (ICJ) [1946]
Established by the UN charter in 1945 but started operations in 1946 . The World’s highest international court
Located in the Netherlands, Hague and has 19 independent judges
It purpose is to decide disputes by or between states, respond to legal questions
What is the ICJ’s purpose ?
Helps resolve legal issues, border disputes, violations of international law and UN asks for legal opinions
It does not try individuals only states
ICJ Successes : Evaluation
-1992 [settled a dispute between El Salvador and Honduras]
- 2002 [resolved the dispute between Nigeria and Cameroon]
-1986 [resolved a border clash between Burkina Faso and Mali]
ICJ Failures : Evaluation
-2014 [Australia brought a case against Japan to condemn its ‘scientific’ whaling programme. To which the ICJ ruled in favour but Japan resumed back in 2015]
-2010 [ICJ states Kosovo was able to declare independent, but this was ignored by Russians]
- 1980[Iran refused to acknowledge the sovereignty of the ICJ, when US bought a case against it for the seizure of the US embassy in Tehran]
- 73/193 states agreed to be bound by ICJ judgements in advance
International Criminal Court (ICC) [2002]
The ICC is a criminal tribunal that will prosecute individuals
What is the difference between the ICJ and ICC ?
The ICJ is a civil tribunal that hears disputes between countries and the ICC is a criminal tribunal that will prosecute individuals
UN Special Tribunals
In the 1990s, the end of the Cold War restored fears of the abuse of humans, so the UNSC set up 4 tribunals to punish the INDIVIDUALS guilty of those human rights violations
There were genocides in : Rwanda, former Yugoslavia and Sierra Leone
UN Special Tribunal : Former Yugoslavia [1993]
First int. criminal tribunal set up since the Nuremberg trials (1945)
- its aim was to ‘spearhead the shift from impunity to accountability’
Was it effective / outcomes ?
- the Court claims to have “brought justice for thousands of victims and given them a voice”
- uncovered the atrocities e.g the trial of Bosnian Serb leaders Mladic and Karadzic, uncovered evidence relating to the 1995 Srebenica Massacre
- convicted 83 war criminals the (largest amount)
UN Special Tribunals : Cambodia
The tribunal had Cambodian and international judges and tried the surviving members of Khmer Rouge Government (1975-9) responsible for 2 million deaths
Was it effective / outcome ?
- helped to educate Cambodians on their history (1970s)
- saw 100,000 people attending hearings in Phom penh (city in Cambodia)
UN Special Tribunal : Rwanda [1997]
Investigating the Rwandan genocide that saw 800,000 Tutsis murdered
Was it effective / outcome ?
- tribunal convicted 61 individuals of complicity in the genocide (including former PM Jean Kambanda)
- tribunal developed int. law establishing the precedent that rape was being used to perpetrate genocide
