LCDMI memorise (World Order) Flashcards
Conventions - Geneva Convention
Outlines the conduct of hostilities - Since 1949 it has universal ratification with 194 signatories and it is protected by the ICRC thus giving it heightened abilities and full protection of the ICRC
ICRC website - Genevea convention effective - special and formally
“The special role of the ICRC is now formally recognised by practically all world states”
Geneva convention ineffective
Both Russia and Ukraine are parties to the Geneva convention which outlines that civilians are never to be targets of war and have to be avoided at all cost
Geneva - Russia and Ukraine
As of Sept 2023 the United Nations Huamn rights commission has verified that there has been ~26,000 casualties
Geneva Russia and Ukraine disobeying treaties
Zelenskey was quoted by Urkriniform stating “Since 2014 Russia has violated 400 different international treaties in which our states are parties” (2023 Urkinifrom)
Treaties - Nuclear Non-Proliferation of Treaty - Date - signatories - what it achieves
1986 has 190 signatories - fostering compliance and dialogue between countries while also creating accountability for violations
Non Proliferation treaty - Ineffective
The North Korean government stated on its official news agency that “We are no longer bound by the NPT, allowing the security and dignity of our nation to not be infringed upon” (SMH 2003)
Non Proliferation treaty - Ban Ki Moon statement
“In the four decades since the Treatys inception there has only been one case of withdrawal (North Korea) and the International response has been unequivocal and clear” (UN pres conference 2010)
Chemical weapons convention - parties - US quote
Has 193 parties and as of this year the ‘US has destroyed the last of its chemical stockpile’
Chemical Weapons Convention ineffective
‘UN watchdog has confirmed mustard gas attack on Syria’ - “UN human rights watch has accused presidnet Assad of dropping chroline filled bombs over a rebel held area’
The ICJ
The ICJ is an international court that hears two types of cases - Issues between states that disrupt world order - Provoiding advisory opinions
Benin v Niger - ICJ
The ICJ settled the boarder dispute between these states, N was awarded “majority of 25 disputed islands” and “both governments vowed to abide by the ICJs decision” (The New Humanitarian 2005)
What do ICJ rulings act as
This ICJ proceeding act as a persuasive device to encourage states to resolve issues before trial
Australia stolen documents negative media ICJ
Once Australian espionage and stolen documents belonging to Timor-leste was taken to the ICJ there was extreme negative publicity which caused Australia to return the information almost immediately and “prompted the discontinuation of the ICJ cas” (Guardian 2015)
Nicaragua v US
Nicaragua brought a suit against the United States on the ground that the United States was responsible for illegal military and paramilitary activities in and against Nicaragua.
- The United States refused to participate in the proceedings, arguing that the ICJ lacked jurisdiction to hear the case.
Myanmars violation of the Convention on the Prevention and Punishment of the crime of genocide 1948 - what did the ICJ do
The ICJ imposed “Provisional measures” to be enforced by the UNSC - hence effectively targeting this atrocity (Human rights Watch 2020)
ICJ Myanmar ineffective (Aljezerra 2022)
Despite this ruling “laying the groundwork for accountability within Myanmar” it is “only significant as the political will of the international community” (Aljzerra feb 2022)
The UN purpose
the main purpose of the UN is the maintenance of peace and security
The UN general assembly recommendations - under what legislation and provide quote
The UN can make recommendations under Articles 10 and 14 of the UN charter but it is a non binding measurement meaning they lack “any real coercive authority” (E-internaitonal relations 2016)
The UN general assembly recommendations Pt 2
Meanwhile building up international pressure - Resoultionn 1781 “Formally condemned Apartheid in South Africa” (HuffPost 2013)
The UN Security Council (resolutions - under what article)
Resolutions made by the security council are binding according to article 25 of the UN charter
What do UNSC resoultions do (laws and action)
Place pressure on the UN states to reform laws and instigate actions to follow the resolution
UNSC law reform example
UNSC resoultion 1373 was adopted unaniomusly following the 911 terrorist attacks - it mandated UN members to “Surpress terrorism by implementing targeted financial sanctions in relation to persons involved in terrorist activities” - which none voted against or abstaiend
UN passing resoultions difficults
When the resoultion involves a member of the P5 - Syria conflict - Russia vetoed 2018 UN draft to “investigate chemical weapons in Syria” (RTE 2018) - utilising state soverginty to prevent consequences of violating the CWC
Why did Russia VETO investigation into CWC
Due to the accusations that “Russian planes dropped the bombs that destroyed a UN aid convoy and killed 20 people”
US VETO
The united states has veteoed at least 53 resolutions critical to isreal (aljerzera 2018)
Russia VETO
Russia vetoed a SC resoultion confemning its “attempted annexation of Ukraine regions” as a “threat to international peace and security” (UN news sept 2022)
Created of UNAMID
United Nations hybrid operaiton in durfur was established in 2007 to protect civilians and monitor and report on boarder conflicts - in 2010 voting began between sudans first multi-party elections in 24 years (UN peacekeeping website)
Courts- Ad-hoc
Ad-Hoc tribunals were used a reactive approach to investigate and prosecute those responsible for war crimes
ICTY - what is it what has it achieved
The international Criminal Tribunal for former Yugoslavia - there were 74 convictions of rape recognised as a war crime
ICTY - issues
No preventative measures established and a lengethy process - Former Yugoslavian president who was “Indicted for crimes against humanity” died in 2006 “whilst awaiting trial” (Euronews March 2021)
Ad-hoc tribunal UN inquiry into the syrian war
claimed that “an ad-hoc tribunal could have been more effective and worked faster” especially in overcoming “russian and Chinese opposition” (Guardian 2015)
The ICC - what is it
The international criminal court is a permanent court with a mandate to investigate, charge and put on trial people suspected of crimes against humanity - it was established under the Rome Statue of 1989 - has 122 members
Limits of the ICC
They only have jurisdiciton whe the accused is a member of the treaty - limited espeically in relation to compliance as many states can issue their SS to protect individuals who have violated international law
ICC effectivness
The overall effectivness of the ICC is that it serves as a beacon that establishes what is internationally right and wrong
Effectivness ICC case
Thomas Lubanga - guilty of conscrpiting child soldiers into his malita - “war crimes involving the most vulnerable members of our society are of particular concern and this verdict is an important step to ensuring those responsible are held accountable” - ICC ambassador (UN news centre 2012)
Thomas Lubanga
Sentenced to 14 years in 2012 by ICC
ICC ineffectiveness in relation to African states
The ICC has been percieved by various commentators as a neo-colonial institution that unfairly targets African states - leaving the ICC powerless when trying to prosecute African individuals accused of committing crimes against humanity
ICC cant prosecute African president
The ICCs “last attempt to persecute african president Uhuru Kenyatta has failed amid diplomatic lobboying and alleged witness intimidation”
ICC cant prosecute assad
the inablity of the ICC to proscute assad and his countless violations of international laws demonstrates its inability to serve its purpose in prosecuting “the worst of the worst” with an estimated 300,000 dead - world order isn’t achieved (AIAO)
