Human Rights

Question 1

what are human rights?

Answer 1

rights that people are entitled to by virtue of being human

entitlements that are inherent to all human beings irrespective of their sex, age, religion, nationality, sexuality, place of residence, language, skin colour or any other characteristic

Question 2

characteristics of human rights

Answer 2

universal - applicable to all human beings, universal human rights are rights that apply to people of all societies regardless of cultural or other differences

inalienable - should not be taken away except in specific circumstances after due process (for example, liberty may be curtailed if an individual has been found guilty of a crime)

Question 3

what was the influence of WW2 on human rights? what did it lead to?

Answer 3

the events of WW2 led to the prioritising of human rights and the Universal Declaration of Human Rights (UDHR) in 1948
this was the basis for the 1950 European Convention on Human Rights (ECHR)

the UDHR is widely acknowledged to be the foundation of international human rights law

Question 4

what is there tension between?

Answer 4

there is tension between universal, inalienable human rights and state sovereignty

Question 5

what is international law?

Answer 5

law is a requirement of an ordered society - there must be rules to regulate the behaviour of individuals and enforcement of those rules is required

international law is essentially the rules governing states, other international actors and the relations between states

states generally accept the binding authority of international law since it provides a framework for cooperation between states and guards against the dangers of global anarchy

however, there is no supranational authority that can force obedience to international law

International law is binding on states and nonstate actors in there into relations it establishes a framework for the practice of stable and organised international relations and is a key component in avoiding an anarchical system and protecting human rights

Question 6

origins and development of international law

Answer 6

International law has roots in the 1648 Treaty of Westfalia which defines statehood sovereignty and the rules and limits for state action

Since the French Revolution 1789 international law has been informed by the values of political liberalism and is seen as the mutual will of Nations

It facilitates coordination and cooperation between states in order to escape the insecurity and constant threat of war that is a key part of international anarchy

In the 20th and 21st centuries international law has developed to include social justice human rights and human development with the universal declaration of human rights of 1948 as a key milestone

The idea of international law implies that states will face restrictions and this will impact on their sovereignty the very existence of international law challenges state sovereignty

Question 7

problems with international law

Answer 7

there is considerable debate about the concept of international law because law implies some sort of compulsion and higher authority

but in the international system, there can be no compulsion because states are sovereign and there is no higher authority than the state

Question 8

sources of international law

Answer 8

international law is not codified or written out in one single document, but there are a number of sources
including. …

• treaties and conventions between states
• international custom such as diplomatic immunity
• the general principles of law recognised by civilised nations (things that are illegal in national law and probably also illegal in internationallaw)
• judicial decisions and legal writings

Question 9

which tribunals were particularly significant in the development of international law on human rights?

Answer 9

the Nuremberg and Tokyo tribunals after WW2 were particularly significant in the development of international law on human rights

Question 10

international institutions dealing with human rights and internationallaw

Answer 10

International Court of lustice (ICI)
International Criminal Court (ICC)
special UN tribunals - Yugoslavia and Rwanda
European Court of Human Rights (ECtHR)
(these institutions have helped to create the concept of global politics by creating rules and standards of behaviour that govern states, international actors and the relationships between states, allowing for interconnectedness and a global consensus on human rights)

Question 11

what is the International Court of Justice (IC))?

Answer 11

the principal judicial organ of the United Nations
founded in 1945 as the main arbitration organ of the United
Nations
based in The Hague, the Netherlands
adiudicates on disputes between UN member states
makes judgements on issues brought to it by UN organisations and specialist agencies

Question 12

what is the International Criminal Court (ICC)?

Answer 12

the organisation that prosecutes individuals for the international crimes of genocide, crimes against humanity and war crimes
based in The Hague
a separate court to the ICJ and is not a UN organisation
responsible for investigating and putting on trial individuals who have been accused of some of the most horrific and heinous crimes in the world including genocide, war crimes and crimes against humanity (in the future, the crime of aggression will also come under the remit of the ICC)
the aim of the ICC is to work in addition to national courts, not to replace them

Question 13

what did the ICC replace?

Answer 13

the ICC is a permanent court that replaces the ad hoc tribunals that have often been used to bring prosecutions against suspected war criminals and despots
for example, the tribunals established after the wars in the former Yugoslavia and the Rwandan genocide
the standing nature of the ICC is meant to ensure that all tyrants who may have considered committing crimes will be deterred from doing so

Question 14

what statute established the ICC?

Answer 14

set up by the 1998 Rome Statute and came into force in 2002

124 states have signed up to the Rome Statute but some countries are not bound by the full requirements of the court, including the USA, China, India and Israel

Question 15

how is the ICC a court of last resort?

Answer 15

only tries cases where national court systems have not been willing or able to bring the individuals to justice - the ICC is essentially a court of last resort

Question 16

problems with the ICC

Answer 16

some countries are not bound by the full requirements of the court, including the USA, China, India and Israel

Question 17

what happened in 2016 that was a blow to the ICC?

Answer 17

in October 2016, in a blow to the ICC, South Africa, Burundi and Gambia announced that they were going to withdraw from the Rome Statute, and other African countries may follow

this is because there is a perception among African countries that the ICC is biased against them seeing as most of the ICC’s investigations and trials have been of Africans and arrest warrants have only ever been issued against Africans

according to some African governments, this makes the ICC look like a colonial organisation, which limits the power and influence of the court

Question 18

Russia’s relationship with the ICC

Answer 18

Russia also seems likely to withdraw from the Rome Statute, perhaps because it may face punishment over the annexation of Crimea and its actions in the Syrian Civil War

Question 19

what are international tribunals?

Answer 19

UN-mandated organisations set up to prosecute individuals in specific states for the crimes of genocide, crimes against humanity and war crimes

Question 20

two notable UN international tribunals

Answer 20

there have been 2 notable UN international tribunals that were the forerunners to the ICC..

• the International Criminal Tribunal for the former Yugoslavia
• the International Criminal Tribunal for Rwanda

following atrocities and war crimes in the former Yugoslavia and the African state of Rwanda, the UN set up criminal tribunals to punish the perpetrators

Question 21

why was the International Criminal Tribunal for the former
Yugoslavia set up?

Answer 21

the International Criminal Tribunal for the former Yugoslavia was set up in 1993 to bring justice to those responsible for genocide, war crimes and crimes against humanity in the Balkans in the 1990s

including the genocide committed at Srebrenica that left 8000
Bosnian Muslims dead

Question 22

why was the International Criminal Tribunal for Rwanda set up?

Answer 22

the International Criminal Tribunal for Rwanda was set up as a response to the genocide and mass killings of 1994 that left up to 1 million people dead
the tribunal indicted 93 individuals, of whom 61 were sentenced for
crimes

Question 23

CASE STUDY: The Yugoslav Wars and the International Criminal
Tribunal for the former Yugoslavia (ICTY)
what happened during the conflict?

Answer 23

in the 1990s, the Federal Republic of Yugoslavia started to break up into its ethnic territories and nationalism was the driving force behind this
in 1992, Slovenia and Croatia broke away to form independent states after short wars
in 1993, further conflict erupted in Bosnia, with Bosnian-Serb nationalists determined to remain part of a Yugoslavia dominated by a greater Serbia
Muslim Bosniaks were forced from their homes in a process known as ethnic cleansing and over 1 million Bosniaks and Croatians were forced out
the Bosniak government was also besieged and the capital, Sarajevo, was shelled with an estimated 10,000 people killed over 44 months
more than 100,000 people had died during this conflict - including
8000 Muslim men and bovs in the 1995 Srebrenica massacre

Question 24

CASE STUDY: The Yugoslav Wars and the International Criminal
Tribunal for the former Yugoslavia (ICTY)
how was the conflict resolved?

Answer 24

UN and international attempts to end the conflict failed and the war eventually ended after NATO bombed the Bosnian Serbs
a US-led peace deal was signed in 1995, creating a state of a Bosniak-Croatian federation and a Serb republic

Question 25

CASE STUDY: The Yugoslav Wars and the International Criminal
Tribunal for the former Yugoslavia (ICTY)
when was the ICTY established? and with what purpose?

Answer 25

the International Criminal Tribunal for the former Yugoslavia was established by UN Security Council Resolution 827 in 1993 to bring the political and military leaders accused of war crimes in the Yugoslav Wars to justice

Question 26

CASE STUDY: The Yugoslav Wars and the International Criminal
Tribunal for the former Yugoslavia (ICTY)
why was the ICTY so significant?

Answer 26

the ICTY was the first international tribunal since the Nuremberg and Tokyo trials
it was also the first to indict a sitting head of state - in 1999
Slobodan Milosovic, former Yugoslav president, was put on trial at the ICTY after being accused of genocide and war crimes, but he died before his trial ended

Question 27

CASE STUDY: The Yugoslav Wars and the International Criminal
Tribunal for the former Yugoslavia (ICTY)
name 3 people convicted and sentenced in the ICTY

Answer 27

Radislav Krstic, a Bosnian-Serb army officer, was the first person at the tribunal to be found guilty of genocide - he was found guilty of the 1995 Srebrenica massacre of 7500 Muslim men and bovs
Radovan Karadzic, the Bosnian-Serb political leader, was found guilty of genocide and war crimes in 2016 and sentenced to 40 years in prison
Ratko Mladic, the Bosnian-Serb military commander, was recently on trial in The Hague, charged with 2 counts of genocide and 9 counts of war crimes and crimes against humanity - in 2017, he was convicted of 10 of the 11 charges and sentenced to life imprisonment

Question 28

why was the European Court of Human Rights (ECtHR) established? what is its purpose?

Answer 28

the Council of Europe was set up in 1949 in response to the human rights abuses of the Holocaust
the ECHR was established in 1959 and acts as a court of last resort
- individuals or groups who feel that their rights have been breached by a signatory state may appeal to the ECHR to have their case heard if all other legal avenues have been exhausted
the ECHR aims to promote human rights, democracy and the rule of law in Europe
the Council of Europe and the ECHR are not related to the EU

Question 29

how many members does the ECtHR have? what document have they all signed?

Answer 29

currently has 47 member states - the only European country that is not a member is Belarus
all member states are signatories to the 1950 European Convention on Human Rights, which is upheld by the European Court of Human Rights based in Strasbourg, France
while ECHR rulings are not directly enforceable, all signatory states have agreed under international treaty to uphold the rulings of the
court

Question 30

sources of authority for international law and human rights / origin of international law and institutions

Answer 30

the Nuremberg and Tokyo Trials
the Universal Declaration of Human Rights (1948)

Question 31

the Nuremberg Trials

Answer 31

Following World War I the Nuremberg trials in which leading Nazis were tried as a war criminals for crimes against humanity and waging aggressive warfare demonstrate what could happen if the government acted in defiance of all moral principles

The way in which the Nazi state had persecuted many of its own citizens waged war and committed acts of mass genocide suggested that nationstates could not be allowed to act with impunity
If the international community did not learn lessons from these horrors they would be repeated

The crime is exposed at Nierenberg made the development of human rights-based approach to international law and urgent concern no longer was international law simply a way in which states achieve just enough global stability to survive instead it would have to take into account human rights as well as state self interests

In order to achieve this nationstates would need to come together to establish international institutions of justice and global standards of moral behaviour by doing this they could create a world of peace and justice and contain the aggressive impulses of nation states to this end in San Francisco in 1945 the UN was established

Question 32

why were the Nuremberg and Tokyo Trials established? What was their purpose?

Answer 32

in the immediate aftermath of WW2, there were 2 international tribunals to deal with those responsible for genocide, war crimes and crimes against humanity

the Nuremberg Trials dealt with the violence committed by the Nazis in Europe and the Tokyo Trials dealt with the violence committed by the Japanese in the Far East

it was felt that the perpetrators responsible for the atrocities carried out by both regimes must be brought to justice

Question 33

how can the Nuremberg and Tokyo Trials be considered controversial?

Answer 33

these trials can be considered controversial because they prosecuted individuals for crimes that were not actually crimes at the time they were committed

Question 34

what was the significance of the Nuremberg and Tokyo Trials?

Answer 34

these trials were unprecedented because they were genuine international trials, not just trials in one state under the legal system of one state
these tribunals set the precedent for future war crimes tribunals and for the ICC
the view that some crimes are so abhorrent and heinous that they must be punished has been the thinking behind the International Criminal Tribunal for the former Yugoslavia (ICTY), the International Criminal Tribunal for Rwanda (ICTR) and the ICC

Question 35

what was the significance of the UDHR?

Answer 35

the 1948 Universal Declaration of Human Rights (UDHR) set out for the first time a set of rights that are applicable to all human beings
the UDHR is a remarkable achievement in that it was the first time that statesmen and women from different political, legal and cultural backgrounds agreed on a common set of fundamental rights that apply to everyone

Question 36

influence of the UDHR

Answer 36

although not legally binding, the UDHR has been a significant document in developing human rights around the world
it led to a collection of covenants that seek to underpin human rights such as the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights, both adopted in 1966

Question 37

which states are not signed up to the UDHR?

Answer 37

not all states signed up to the UDHR in 1948, limiting its overall influence and reach
most notably, Saudi Arabia refused to sign on the grounds that the UDHR was incompatible with Islamic law
Saudi Arabia does not allow citizens to renounce their religion which could be considered a breach of their human rights as guaranteed by the UDHR

Question 38

tensions between the Cairo Declaration on
Human Rights and the UDHR?

Answer 38

the Cairo Declaration on Human Rights in Islam, signed in 1990, was an attempt by Islamic countries to give their view on human rights from an Islamic perspective
freedom of religion is a key tension between the Cairo Declaration and the UDHR

Question 39

criticisms of the ICC

Answer 39

there are many criticisms of the ICC including…
• the implications for sovereignty
• Western cultural bias within the court
• bias against African states
• the slow process of cases which delays justice
• the double standards of Western states that criticise others but appear to act with impunity
• the lack of arrest powers of the court allowing fugitives to avoid justice

Question 40

criticisms of the ICC: INFRINGES STATE
SOVEREIGNTY

Answer 40

a criticism of the ICC is that it can be seen to infringe on state
sovereignty

some countries, like China, have not signed up to the ICC because they believe that sovereignty is a fundamental right of states and they should be able to decide for themselves what happens in their country

the principle of non-intervention is at the heart of the Westphalian system and is enshrined in Article 2 of the UN Charter

they argue that states have the right to conduct affairs in their own territory without unwanted interference from states who have their own interests to pursue - these states may be politically motivated

Question 41

criticisms of the ICC: DEPENDS ON THE COOPERATION OF STATES

Answer 41

the ICC depends on the cooperation of the states that have ratified it to turn over suspects and help in the information gathering process to speed up and complete fair and efficient trials
unfortunately for the ICC, this is not always the case
specifically, many instances have occurred since the inception of the court where the prosecutor has the evidence, the indictment has been issued, but no trial ensues simply because the indicted is not turned over to the ICC for trial
therefore, the suspect remains at large as an international criminal
- this is especially the case with Omar Al-Bashir of Sudan
due to the lack of cooperation, heads of states indicted, as well as powerful military, leaders continue to purge local populations without having to answer to their crimes
despite ratification of the Rome Statute, the perception of state cooperation and the actuality of it can be vastly different

Question 42

what is humanitarian intervention?

Answer 42

the use of force to protect people in another state from gross and systematic human rights violations committed against them or too avert a humanitarian catastrophe when the target state is unwilling or unable to act

Question 43

is the ICC effective? YES

Answer 43

Since the ICC is in permanent session unlike ad hoc Tribunal’s it provides a constant standard of international justice to which governments should aspire
By convicting human rights abuses before an international court establishes precedents for the development of international human rights-based law
By delivering retribution and punishment within countries future human rights abuses may be deterred as war criminals realise they cannot hide from justice behind borders
it’s persecution of Laurent Gbagbo, Former president of the Ivory Coast has reinforced the principle that heads of state are morally responsible for their actions
It has recorded and made public evidence of atrocities so making denial more difficult
It is able to provide justice in cases where nationstates might not be able to either because of prejudice or lack of governance

Question 44

is the ICC effective? NO

Answer 44

The ICC interferes with the state sovereignty nation states have the responsibility to protect their citizens the international community has no mandate to intervene within state and the court therefore lacks legitimacy
Article 2 of the UN charter Leysdown the principle of sovereign equality of all member states and that nothing contained in the present Charter shall authorise the United Nations to intervene in matters which are essentially in the domestic jurisdiction of any state
It challenges the legitimacy of states to try cases within their own borders
Its authority is undermined by the refusal of three members of the Security Council China Russia and the USA to except it’s jurisdiction with so many powerful countries absent the ICC only provides partial justice and cannot claim to provide truly international justice
By 2017 the ICC had only successfully Prosecuted three individuals it is very costly and very slow moving and has achieved very little
So far the only people to have been indicted by the court or Africans given the global extent if you would like to be uses this indicates an inbuilt bias against Africa which is why South Africa has withdrawn its Signature from the Rome Statute

Question 45

sources of authority for international law

Answer 45

International law has four key sources of authority as established in article 38 of the Statute of the International Court of lustice
International conventions for example the 1968 nuclear nonproliferation treaty
International custom long established practices of states
The general principles of law actions that are legal within states are illegal in international law
Judicial decisions on the teachings of the most highly qualified publicists of various nations

Question 46

UDHR

Answer 46

The first time at the global community came together to define a comprehensive code of rights
Integral part of the liberal world order
Article 30 links to John Stuart Mill is harm principle
Not binding as it is not a treaty but it is an example of customary international law standard of behaviour that is expected but cannot be in forced
It means that states can no longer encroach upon human rights without the action being potentially taken out by the UN this legitimises humanitarian intervention and poses a further challenge to state sovereignty

Question 47

UDHR

Answer 47

the UDHR Raises two issues
Article 1 states all are born free an equal indignity and rights this is seen as conflicting with state sovereignty as violates the domestic jurisdiction states the document contains only civil and political rights as fundamental rights as it is a liberal conception of rights
Economic and social rights which are collective rights are not included in 1966 civil and political rights became international law through the International covenant on civil and political rights while economic and social rights were incorporated through the International covenant on economic social and cultural rights but economic and social rights are also included in the international bill of human rights which the universal declaration of human rights is also included in

Question 48

international bill of human rights

Answer 48

Universal declaration of human rights and both covenants are collectively known as the international bill of human rights the inclusion of economic and social rights such as the right to an adequate standard of living and the right of people to self determination is a further challenge to state sovereignty

Question 49

Human rights - F

Answer 49

Human rights are commonly understood as fundamental rights to which a person is entitled simply because they are a human being sometimes referred to as natural rights as defined by John Locke

Question 50

The concept of human rights is controversial for a number of reasons….

Answer 50

The concept of human rights is controversial for a number of reasons
The infringement of human rights has resulted in humanitarian intervention which is a violation of the principle of national sovereignty universal declaration of human rights legitimises such interventions that acts as a further challenge to state sovereignty
There is disagreement about whether human rights are universal human rights and whether they should take into account cultural differences between societies and peoples should they take into account the differing values and legal systems of the Asian of Muslim world
E.g. women were previously unable to drive in Saudi Arabia the band was recently lifted in 2018
The Lindsey Sandyford case demonstrates a clash between cultures the death-penalty exists in Indonesia but not in the UK
Universal human rights can be seen as a form of neocolonialism that seeks to replace the cultures of other societies with western liberal values The west trying to impose their values on other countries without considering the heritage history and culture

Question 51

role of the IC]

Answer 51

The ICJ is the principal judicial organ of the UN and was created in 1946
it deals with legal disputes between states submitted by states and requests advisory opinions on legal questions referred to it by UN bodies
It consists of 15 judges who must be elected by majority of votes in both the general assembly and the Security Council
Each judge serves a nine year term the make up of the court is representative of the regions of the globe but the court has always included the judge from each of the P5 countries

Question 52

strengths of the ICJ

Answer 52

That is almost universal jurisdiction it is that this is the principles by which disputes may be judged such as setting a just and equitable solution to maritime border issues for example Peru versus Chile
2014
It settles better international border disputes states even losing states observe the decision of the ICJ even though it has no in Forssmann power as decisions have moral power with a high cost to the reputation and legitimacy of states who defy the court
For example Costa Rica versus Nicaragua 2015 where the IC] ruled
That’s a patch of wet lands on the San Juan river occupied by
Nicaragua was the property of Costa Rica
The increasing number of cases brought to the ICJ from an increasing range of states by 1980 for example the court had commenced 65 cases added by 2017 this had risen to 166 cases

Question 53

strengths of the IC]

Answer 53

Advisory opinions can shape international politics in 2010 for example the ICI ruled that Kosovo’s declaration of independence did not breach international law this has led Kosovo to ratchet up its campaign for recognition as a state and Catalonians have drawn parallels with their case for independence from Spain

Question 54

weaknesses of the ICJ

Answer 54

The jurisdiction of the IC] only applies to states not nonstate actors or individuals which excludes a wide range of humanitarian issues
The ICJ has no enforcement powers states have to sign up to be bound by IC] decisions and have the option to withdraw their commitment
In 1984 for example Nicaragua brought a case arguing the USA had violated international law by supporting the CONTRAs in the rebellion against the government the ICJ Ruled in Nicaragua’s favour in 1986 but the USA said that the court had no jurisdiction

Question 55

weaknesses of the ICJ

Answer 55

The ICJ appears to favour western states on the P5 in particular
Today the distribution of 15 judges is free from Africa to from Latin America and the Caribbean three from Asia to from Eastern Europe and five from Western Europe

Question 56

ICJ CASE STUDY: Cameroon-Nigeria border dispute (2002)

Answer 56

In 2002 the ICJ ruled on a border dispute between Cameroon and Nigeria which had sparked violent confrontation in the 1980s and
90s
The ICJ ruled on the allocation of territory over the whole 2100 km
border but most importantly awarded the Bakassi Peninsula To
Cameroon
With the UN as a mediator the dispute was resolved and the
Peninsula was handed over by Nigeria in 2008
This resolution is seen as a model for peaceful resolution of all the border disputes particularly in Africa where only 30% of borders are precisely drawn

Question 57

special tribunals

Answer 57

Key international criminal tribunals established after World War I include the Nuremberg and Tokyo trials
Following the collapse of the Cold War in 1991 the UN Security Council established more tribunal to consider violations of international humanitarian law where there was evidence of crimes of genocide crimes against humanity and war crimes
For example the international tribunal for Yugoslavia was established in the Hague in 1993 and the international tribunal for Rwanda in Tanzania in 1995

Question 58

results of action of tribunals

Answer 58

62 sentenced 14 acquitted 10 referred to national jurisdiction for trial three fugitives referred to another tribunal to deceased prior to judgement to indictment withdrawn before trial 93 individuals have been indicted by the international tribunal for Rwanda since 1995

Question 59

strengths of UN tribunals: ICTY and ICTR

Answer 59

The trial is focused attention on human rights violations attention was increased by global media coverage and the emergence of a 24 hour news cycle
Leaders cannot act above the law and can be held personally liable for crimes
Jean Kambanda The former prime minister of a wonder pleaded guilty to 6 charges of genocide and was given a life sentence
Successful convictions act as an example to deter future crimes for example the conviction of Radislav Krstic for genocide at Srebrenica
Crimes can be committed not just during war between states but in
Civil War even during periods of peace

Question 60

weaknesses of UN tribunals: ICTY and ICTR

Answer 60

Prosecutions are too slow This is a major problem
The cost of special UN tribunals - the ICTY costs rose from $267,000 in 1993 to $301 million in 2010
These court decisions on the international humanitarian law they rest on a culturally biased they reflect western liberal values of human rights over other values
These courts on international humanitarian law or a threat to state sovereignty by intervening in the domestic jurisdiction
The courts are based on events in developing or transitioning countries giving the impression that these countries are seen by the west as backward

Question 61

ICC cases

Answer 61

The ICC successfully prosecuted the Congolese warlord Thomas
Lubanga for recruiting and using child soldiers from 2000 to 2003 he was sentenced to 14 vears
the case against Kenya’s president (Kenyatta) in 2014 was withdrawn
the case against the Ivory Coast’s former president Laurent Gbagbo on charges of murder rape and other forms of sexual violence persecution and inhumane acts is ongoing

Question 62

does the ICC have the power and authority to uphold human rights? YES

Answer 62

Setting an example it sends out the message that political and military leaders will be prosecuted for their actions and so should deter future crimes although this deterrent is difficult to measure
Intervention the ICC intervenes as a last resort Westates will not all
cannot prosecute military and political leaders for committing crimes against own citizens this provides a defence of human rights across the globe
The power of international law international humanitarian law now has a court with global jurisdiction to enforce the law and crimes of genocide crimes against humanity and war crimes

Question 63

does the ICC have the power and authority to uphold human rights? NO

Answer 63

Cost and inefficiency the cost of the ICC is met by the individual contributions of states based on their wealth the burden of
member states is great due to the absence of key powers like the
USA the first successful prosecution was 10 years after the ICC was established
National sovereignty the court will intervene in the states which is in conflict with the key international principle of national sovereignty one issue is whether the jurisdiction of the court extends to nonmembers if they break the law in a member state for example US soldiers in Bosnia
Western imperialism the ICC is based on western values and principles of ignoring alternative worldviews its initial prosecutions appear to have an anti-African bias according to the African union as it is only prosecuting black African leaders
Lack of jurisdiction the lack of support from key powers reduces legitimacy and jurisdiction of the ICC the ICC also has no enforcement powers for example the African union has instructed its members not act on the arrest warrant for president Omar al-Bashir President of Sudan

Question 64

ECHR key cases

Answer 64

Abu Katada versus UK 2012 which ruled the radica cleric could not
be deported to Jordan for fear he would be tried using evidence obtained by torture
Sand Marper v UK 2008 which ruled that holding DNA samples of those arrested but not prosecuted or later acquitted is a violation of the right to privacy

Question 65

strengths of the ECHR

Answer 65

The high level of compliance with the ECHR rulings by its 47 signatory states

Question 66

weaknesses of the ECHR

Answer 66

The huge backlog of cases due to the arrival of new states from central and Eastern Europe to its jurisdiction where human rights protection is flawed in 2013, over 13,000 cases were referred from Ukraine alone and the backlog in the same year for the ECHR stood at over 99,000 cases
The jurisdiction of the court can be seen to clash with the sovereignty of the state this is made worse where rulings against states are unpopular within that state