peace rights Flashcards
What are peace rights
- still developing human rights
- peace rights are the right for all people to live free from conflict, war, or any form of oppression
development of law
LEAGUE OF NATIONS (post ww1)
- the first international organisation whose main aim was to paintain world peace
- beginning of the idea of official maintaining peace, particularly as previous attitudes were that disagreements were to be solved through war
UN CHARTER 1945 (end of ww2)
- written as guidelines of the UN
- article 1(1): purposes of the UN was to maintain international peace and security
- article 39: allows the UN security council to take action to maintain or restore peace
- one of the most influential pieces of legislation in international law because of that power it gives to the Security Council (huge amount of power for one organisation)
UN DECLARATION ON THE RIGHTS OF PEOPLES TO PEACE
- 1984 introduces a human right of peace ‘all peoples of our planet have a sacred right to peace’
legal loopholes in peace rights
LEGAL LOOPHOLES
- UN charter, as well as giving the power for the protection of peace and security to the UN Security Council, it balances the idea of peace with article 51 where it gives the right for any states to self-defence in the face of attack.
- Addiitionally, the special power for the UN to protect peace and security doesn’t always go down as planned. E.G. 2003 US coalition invasion of Iraq justified their actions under a number of resolutions made by the UN general assembly. However, others argue that because they didn’t gey direct approval from the security council, that action was illegal. Thus, there was a war supposedly legally created by the UN
- war is still constant, even now there are 14 ongoing wars with over 1000 victims still on today
non-compliance in peace rights
- country doesn’t follow the law
- state soverignty: the right for countries to make decisions without interference from other countries means justifies war
