Human Rights and Environment Flashcards
State which hasn’t ratified the UN rights of the child
USA
Criticisms of ICC and Special UN Tribunals
Duration
Selective
Money Sink
Duration: Trial for Milosovic (ICTY) -
E.g Died waiting for 4 years
Selective: Rwanda & Yugoslavia are main focus
E.g Rohingya people still have no definitive resolution since 2020 (Myanmar to take provisional measures to protect the Rohingya from genocide)
Money Sink: Few prosecutions, significant cost
E.g ICC: 31 Arrest Warrants, 10 convictions - $1.5bn total budget
Failure of Cambodia - Special UN Tribunal
Dropped 2 cases despite convicted being evidenced members of the Khmer Rouge
May have been because the PM at the time was himself an ex-Khmer Rouge soldier
As of 2018 how many cases had the ICC had and where did they originate from? How has this changed?
26 cases, all of which originated from Africa. This changed when the ICC brought charges against Putin in 2023
What is an example of a democracy having poor human rights?
India operate stateless camps where people of certain nationalities who do not have legal identification are detained.
India maintains a nation register of citizens, but many muslims and people from ethnic backgrounds are prevented from being registered as they do not have legal indentification.
Successes of the International Criminal Tribunal for the former Yugoslavia (ICTY)
Sentenced 90 people for war crimes, genocide, ethnic cleansing and crimes against humanity
Brought every fugitive before the court
State Sovereignty Helps Human Rights
Many states do not sign up to international laws yet still have strong human rights laws E.g USA is not an ICC member but still upholds rights
-has 1st amendment - freedom of speech
Humanitarian intervention is strengthened by the UN’s responsibility to Protect doctrine, it can overcome the obstacle of state sovereignty with military force e.g Libya
Human Rights Weakness - Sovereignty
States can choose whether to sign up to international laws and courts. If they do not sign up then they are not legally bound by these laws and courts
Powerful states can abuse human rights and not face or withstand international pressure and sanctions
E.g China
Two examples of Western double standard in humanitarian intervention
- Turkey’s President has become increasingly authoritarian since a failed coup in 2016, yet due to Turkey’s vital strategic position, criticism from the West has been limited.
- Saudi Arabia has been widely condoned for human rights violations. In 2022, they executed 81 men in one day, three days later Boris Johnson urged for closer relations with the oil-rich Kingdom as the UK ended its reliance on Russian energy.
Human rights abuses where human intervention is impossible
China & Saudi Arabia
- China is carrying out a genocide against the Uyghur Muslims and yet their huge military and economic power makes any intervention impossible. China’s veto on the UNSC makes any UN condemnation impossible.
- Saudi Arabia’s intervention in Yemen has been widely criticised by human rights groups but since Saudi Arabia is a vital oil exporter, intervention has been limited
1995 Bosnia Humanitarian Intervention
Bosnian Serb forces were responsible for massacres
NATO responded by bombing Bosnian Serb positions forcing their leaders to agree to peace terms
Subsequent nation-building was carried out, making the intervention a success
2011 Libya Humanitarian Intervention
UN authorised intervention to protect civillians as a violence spread, NATO implemeneted these resolutions
NATO intervention led to the overthrow of Gadaffi and the temporary ending of conflict
However inadequate post-intervention nation-building led to Libya descending into civil war
3 Examples of success for the ICC
- Two Congolese warlords (Thomas Lubanga and Germain Katanga) were convicted of war crimes during the Congolese civil war
- In 2021, Sudan agreed to hand over its former president, Omar al-bashir to the ICC on charged of crimes against humanity
- Despite it lacking jurisdiction over Russia, it has played an important role in documenting evidence of atrocities carried out during the Russian invasion of Ukraine
International Tribunal Strength Example - Rwanda Precedents
Rwanda Tribunal set the precedent that rape could not be used to perpetrate genocide
Established precedent that the media could be prosecuted for encouraging genocide
Cambodia Tribunal - Success
Sentenced 3 lead members of the Khmer Rouge to life imprisonment for the regime’s genocidal policies
Dudgeon Vs United Kingdom 1981 (ECHR)
Dudgeon appealed to ECHR because his home was searched by the Royal Ulster Constabulary for evidence he was homosexual.
Court ruled that his right to a private life had been breached
-Highlighted need for reform and in 1982 homosexuality was decriminalised in Northern Ireland
Navalny ECHR Case 2021
Ruled Russia should immediately free opposition leader Alexei Navalny since there was a risk to his life in prison.
Putin refused and said that “we cannot allow any blows against Russia’s sovereignty”
Palestine vs Israel advisory case 2022
UNGA requested the ICJ provide an advisory opinion on the legality of the occupation of Palestinian territory
Israel immediately made clear that it regarded the case as politically motivated and that it would ignore any advisory opinion needed
Cambodia vs Thailand ICJ 2013 Case
Cambodia complained to the ICJ that Thailand had occupied a piece of its territory, the ICJ ruled in favour of Cambodia and Thailand accepted the judgement
How many states are signed up the ICJ
74
Shallow Green ecology + Example
Actions of mankind influence climate change and the global community should take action to reuce carbon emissions before its too late.
Seeks to do this within the existing free market/capitalist economic structures and without diminishing economic growth or material wellbeing. Endeavours to resolve the problem through market forces and technological innovation.
Optimistic
E.g Trillion Trees initiative encourages governments to commit to planting trees in order to absorb carbon dioxide
Shallow Green Example - Congestion charges
A number of cities including London, Stockholm and Milan have introduced congestion charges to discourage traffic in city centres in order to improve air quality
Shallow Green Example - Green Homes Grant
2020 - British government established the Green Homes Grant. This is a £2 billion grant scheme which will subsidise home-owners who insulate their homes
Shallow Green Example - Electric cars
Since 2020 fully electric cars are exempt from UK road tax
Shallow Green Example - Energy Consumption Labelling
The EU requires member states to adopt energy consumption labelling for most domestic appliances, providing consumers with the information and an incentive to make green choices
Shallow Green Example - Government legislation (UK)
UK government has banned the sale of new petrol and diesel cars from 2030
In 2021, the UK committed to cutting carbon emissions by 89% of 1990 levels by 2035
Shallow Green Example - Government legislation (India)
In 2020, India committed to generating 40% of its electiricity from non-fossil fuels by 2030
Deep Green Ecology
Mainstream attempts to protect environment are done with selfish motivation to protect material interests
We should protect planet out of love for the life it provides - idealistic
Only do what we need to in order to satisfy essential needs, accept limitations on our lifestyle in order to favour the planet and governments shouldn’t prioritise economic growth.
E.g UK Green Party committed to allowing zero or negative growth
Tragedy for the Commons
Ways in which individual users put their own immediate interests before those of a wider community, so exhausting the common resources for all
Rio De Janeiro Earth Summit (1992) S&W
Strengths
172 participated, 181 endorsed principles of UNFCCC
It established the UNFCCC as a framework, binding members to annual meetings
Weaknesses
US found reducing carbon emissions unpopular - didn’t engage with UNFCCC
No specific binding target was agreed for reducing carbon emissions
No monitoring procedures were authorised by the UNFCCC, nation states could not be held accountable for lack of progress
Kyoto Summit (1997) S&W
Strengths
Set the first legally binding emissions targets- (Reduce emissions by 5% of 1990 levels)
EU reduced emissions by 8% during the lifetime of this protocol
Weaknesses
Carbon reduction was only required of 37 industrialised nations and the EU
The developing world was exempt including China which was becoming a huge emitter
USA refused to sign
Paris (2015) S&W
Strengths
Recognised that temperature rises should be kept as close to 1.5 degrees
The treaty was based on the principle that states should set their own emissions targets (Intended Nationally Determined Contributions, INDCs)
Weaknesses
Not legally binding
INDCs will not be enough to stop the temperature rise
Copenhagen (2009) S&W
Strengths
States agreed that global temperature rise should be limited to 2 degrees during the century
China and India agreed to reduce their carbon emissions
Weaknesses
Did not include any legally binding agreements
No consensus on the developed vs developing world
Glasgow (2021) S&W
Strengths
Recognised importance of reducing reliance on coal (responsible for 40% of annual carbon emissions)
Government subsidies to coal, oil and natural gas to be gradually removed
USA and China to cooperate to reduce methane emissions and encourage green energy
Weaknesses
Phase down rather than phase out of coal
Non-binding resolution
E.G 100 countries agreed to cut methane emissions by 30% by 2030 (like China, India and Russia) but they didnt
UK Pledge for Climate Finance
Agreed to double its climate finance to £11.6bn between 2020 - 2025
IPCC - Criticism 2007
2007 Report contained inaccurate information on the melting on Himalayan glaciers
As of 2021 How many States signed the optional ICC Clause for Jurisdiction
2021 only 123 nation states had fully accepted the mandate of the ICC
-70% of world population is outside the jurisdiction of the Court
