Global Governance: Human Rights Flashcards
Issues with humanitarian intervention
Peace of Westphalia established the sovereign equality of states in 1648
External sovereignty - Ability of the state to act autonomously
Sovereign equality - States possess the same right to independence.
Key Point: Principles of sovereignty and non-intervention are deeply entrenched
Humanitarian Intervention
Military action aimed at ending human rights abuses.
Responsibility to Protect
- Established 2005
- A consequence of the failure of the international community to prevent genocide in Rwanda
- It is the belief that the state has the main responsibility to protect human rights and if it fails then this responsibility passes onto the international community.
Who has the authority to authorise a humanitarian intervention?
This might be problematic due to the structure of the security council, with the p5 members and their veto as if they disagree with each other and use their veto, this can lead to gridlock within the council. This is especially problematic when it comes to Syria for example, as Russia and Syria are allies so Russia will just veto any proposed interventions in Syria. Furthermore, the UN does not have its own army at its disposal, it relies on its members and more specifically NATO and America.
Controversy around humanitarian intervention
Selective interventionism:
Humanitarian interventions are often selective because in order for one to take place world leaders need to be certain
- that there are sufficient moral grounds to intervene
- that there is support for intervention
- that lack of action could threaten their interests
- that military forces can end the conflict
- that intervention will not cause a more conflict
Humanitarian interventions can also be selective because states have nothing to gain from intervening in certain countries. Some argue that the West only intervenes when it serves its best interests.
Double standards and Hypocrisy:
The West fails to condemn the human rights failures in Saudi Arabia, a long-term ally of the West. The West also fails to condemn China which has a questionable human rights record as the West does a lot of trade with China.
Effectiveness:
Humanitarian Interventions can lead to a power vacuum which leads to instability and thus worsens the situation in a state rather than improve it. They are also extremely costly, for example, the cost of the no-fly zone over Libya was immense.
Sovereignty:
Humanitarian Intervention is the ultimate violation of sovereignty and it sets a dangerous precedent seeing sovereignty as conditional.
–> According to a realist.
Factors that contribute to a successful intervention
- Agreement amongst P5 members –> this gives it legitimacy E.g. Libya–> Supported by the Arab league.
- Commitment–> Willing to dedicate sufficient resources and time.
- Exit strategy–> There wasn’t one in Libya but there was one in Bosnia.
- Feasibility
- Willingness
- World Order –> Agreement
Humanitarian success, Kosovo
Kosovo 1999- Following fears of ethnic cleansing of the Albanian population, a campaign of airstrikes conducted by US-led NATO troops forced the Serbs to withdraw.
Reasons for success- There was a high level of commitment from America and the UK and overwhelming military advantage. They had a clear objective to stop the ethnic cleansing. They had a goal and the tools and will to see it through.
Humanitarian Intervention: success Sierra Leone
Sierra Leone 2000- After a prolonged civil war, the UK Government sent a small force to support the elected government against armed rebels that were committing atrocities.
Reasons for success- There were reasonable objectives, support for the legitimate government and the rebels were no match for British special forces.
Humanitarian intervention: failure Somalia
Somalia 1992- On the brink of a humanitarian catastrophe, a UN authorised and US-led intervention (Operation Restore Hope) tried to create a protected environment for humanitarian operations in the South.
Reasons for failure- The US troops which were sent over were not trained in nation building and there was also no legitimate government to support anarchic conditions.
Humanitarian intervention, failure, Libya
Libya 2011- In the context of a President Gaddafi, a UN authorised, and US-led NATO coalition launched airstrikes and enforced a no-fly zone so as to protect citizens.
Reasons for failure- There was no exit strategy, thus no commitment to nation-building in a state with no tradition of pluralist democracy.
What is the Universal Declaration of Human Rights (UDHR) and why was it was created?
The UDHR was published in 1948 by the UN.
- it establishes the equal and inalienable rights of all. However, the document isn’t legally enforceable.
- it was created to prevent the atrocities committed in Nazi Germans during the War.
What is the European Court of human Rights (UCHR) and why was it created?
The ECHR was established in 1949.
- it is responsible for promoting human rights and the rule of law within Europe.
- in 1950 it passed the European Convention of Human Rights which defines the rights of European citizens.
Explain the purpose of the UN special Tribunals?
The established tribunals in response to human rights abuses that took place in Cambodia, Yugoslavia, Sierra Leone and Rwanda.
-the aims were to bring justice, expose the atrocities of the crimes, develop the principle that heads of government can be held accountable for atrocities and establish the principle that the global community will not tolerate human rights abuses.
What are the strengths of the UN special Tribunals? (Yugoslavia and Cambodia)
Yugoslavia- by 2017 the tribunal convicted 83 war criminals.
Cambodia- 3 Khmer Rouge leaders have been sentenced to life imprisonment and the court has educated those born after the genocide over what happened.
What are the strengths of the UN special Tribunals? (Rwanda and Sierra Leone)
Rwanda- 61 people have been sentenced, including the former PM. The tribunal also established the precedent that rape can be used to perpetuate genocide.
Sierra Leone- the tribunal imprisoned IS people and the Liberian president Charles Taylor, Taylor is the first head of state to be convicted by a UN tribunal.
