global governance: human rights and environmental

Question 1

define human rights

Answer 1

entitlements that are inherent to all human beings irrespective of their characteristics

Question 2

features of human rights

Answer 2

• universal- applicable to all human beings
• inalienable- should not be taken away except in specific circumstances
• indivisible- agreement to adhere to all the rights
• fundamental- a human beings entitlement cannot be removed
• UNHR and both covenants are known as international bill of human rights

Question 3

different dimensions of human rights

Answer 3

1st dimension- political rights (negative rights), life liberty and property
2nd dimension- economic, social and cultural rights (positive rights), state intervention in work, education, healthcare and security
3rd dimension- collective rights, right to self determination and peace

Question 4

history of human rights

Answer 4

• WW2 led to signing of UN declaration of human rights in 1948
• 1966- civil and political rights became international law through international covenant on economic, social and cultural rights became

Question 5

what is international law

Answer 5

• rules governing relationships between states
• not codified
• sources include treaties, conventions, customs, judicial decisions and legal writings

Question 6

what is international court of justice

Answer 6

• founded in 1945
• arbitration organ of UN
• based in the Hague
• disputes between states

Question 7

strengths of ICJ

Answer 7

• universal jurisdiction
• settled border disputes- Costa Rica vs Nicaragua
• increased use- 65 to 166 in 2017

Question 8

weaknesses of ICJ

Answer 8

• only applied to states and not non state actors
• no enforcement powers- ICJ ruled in favour of Nicaragua but US said court has no jurisdiction
• favour western states

Question 9

what is international criminal court

Answer 9

• based in the Hague
• war crimes, crimes against humanity, genocide
• court for individuals
• permanent creation in 2001 after war crime tribunals
• 125 members

Question 10

strengths of ICC

Answer 10

• evidence of growing acceptance of international law
• 44 indicted
• successfully prosecuted Congolese warlord Lubangabfor using child soldiers in 2002

Question 11

weaknesses of ICC

Answer 11

• lack of members- only 124 in 2020 ratified their signature
• new and unestablished
• targets weaker Africa. countries- DRC, Uganda
• US hostility as they get exemption from prosecution from Iraq war
• lack of involvement from great powers- india, china , russia
• not accepted by big powers- Trump sanctioned ICC as they sent an arrest for Netanyahu

Question 12

what are war crimes tribunals

Answer 12

• prosecute individuals for war crimes
• ad hoc tribunals for specific circumstances

Question 13

strengths of war crimes tribunals

Answer 13

• help to develop international law
• retribution and deterrence
• prompted setting up permanent ICC
• sierra leone 2002-2013, 22 indicted and 16 sentenced
• Rwanda- 93 indicted and 75 trials

Question 14

weaknesses of war crime tribunals

Answer 14

• specific to certain countries at times
• difficulty of catching suspects- Mladic and Karadizc were hard to find
• delay and duration- Milosevic illness and death
• hypocrisy of the west
• impartiality- iraq special tribunal hands elected evidence in order to not incriminate US
• failure to deter- 750,000 deaths in Rwanda
• hard to prosecute great powers
• difficulty in determining war crimes
• expensive- Yugoslavia cost was $301 million in 2010