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