Human Rights Flashcards
1
Q
What is the role of the International Court of Justice?
A
This is the Un’s primary judicial Court.
- Decide disputes between states.
- Answer questions from UN organs.
- Gives legal opinions to UN on maritime and territorial disputes.
- World’s highest court.
2
Q
When do disputes between nations become jurisdiction of the ICJ?
A
- States do not have to consult the court as they are sovereign.
- Disputes become the jurisdiction of the court when both states consent and write in letter their intentions.
3
Q
What are some examples of countries disobeying the decisions of the ICJ?
A
- 2014 Australia vs Japan. Australia brought case against Japan when it came to whaling which they said was ‘scientific’. Court ruled in Australia’s case but Japan continue whaling.
- Israel built wall to divide from Palestine. The ICJ ruled unlawful however Israel did not recognise ruling.
- 2012 Colombia no longer recognised ICJ jurisdiction following losing case over maritime border case in favour of Nicaragua.
4
Q
What is the ECHR?
A
- The European Court of Human Rights.
- Seperate from the EU and is a court of last resort, those who feel their rights have been breached by a member state can appeal to the court if all other legal bodies have been exhausted.
5
Q
Is the ECHR enforceable?
-Explain further.
A
- No, the court lacks coercive power.
- For example the UK failed to comply with a number of its rulings such as prohibition of prisoner rights- which defied the court.
- Russia also declared its National Law took precedent over European Court.
6
Q
What is the compliance of the ECHR?
A
-Compliance rate is 90%
7
Q
What is the ICC?
A
- The International Criminal Court, a ‘court of last resort’ set up with the Rome Statute.
- Tries individuals, including heads of states, which have been accused of genocide, crimes against humanity and war crimes when national governments are unable to do so.
