PS 230 final Flashcards

Question

International law:

Answer 1

-”The body of rules and general principles of action accepted by civilized nations as binding on their actions.” (ICJ) -International law is much more nebalious than it is made out to be. Domestic law you can read laws clearly, but there is no book for international law. It comes from many different places. No clear path in the international realm.

Answer 2

Treaties, Consensus, Natural law, and writings of legal scholars. No legislature and no single path. Multiple sources but none of them replicate law how we usually look at law. Very different in its creation

Answer 3

States establish international treaties to establish law. Problem becomes: what if your state doesn’t sign a treaty? Is it binding upon you or not? Generally it is not.

Answer 4

Everyone can agree that something is international law. No written form but there is an agreement. How wide the consensus must be is not well defined.

Answer 5

Derivives from moral law. The idea that you have moral laws. Things that we know morally are right or wrong. Two different paths: Rational/logic/reason: logically derive good and bad behaviors and what is good and bad. Religious traditions that decide international law.

Answer 6

Legal scholars can do research and then write an article to try to establish that something is a part of international law.

Answer 7

Rational/logic/reason: logically derive good and bad behaviors and what is good and bad. Religious traditions that decide international law.

Answer 8

-dominated by left wing groups radical socialist (against governments) used terrorism to weaken legitimacy of governments with the hope of eventually overthrowing Fought to overthrow governments they deemed oppressive ex: anarchist Interwar years: 1920’s 30’s -Shift from left learning to rise of right-wing terror groups (fascism in germany and italy) Post world war II: Explosion of terror groups -anti colonial groups in Africa and Latin America (want to overthrow the imperialism power and have their own state) -Leftist groups Ernesto “che” Guevara in Latin America Red army faction in Germany Red brigades in italy Weather underground in US (some of first urban orgs) -all saw themselves as a marxist revolution Late 1960’s early 70’s: Growth of the terrorist international -start to see different terror groups work together and help one another -this greatly increased their effectiveness. They set aside differing belief to get larger goals 1990 decline of left-wing terror -red army faction resigns- sent a letter to the german newspapers and resigned (rare, usually hard to figure out when a terrorist group no longer exists) -end of cold war

Answer 9

(modern terror tactics) -Very spectacular terrorism dramas Very focused on gaining media attention Via tv -Hijacks Ex: quadruple of israeli planes -Munich: massacre when a group called black September captured the male Israeli Olympic team. (part of growth of terrorist international. Other groups helped them carry out the attack.)

Answer 10

Restraint mechanism lost, Growing opposition to modernity and globalization, and Expansion of travel and communication technologies.

Answer 11

states that supported them put limits on what they could do during the cold war so that war did not break out. So when soviet union was gone, they had all the resources but no one telling them they couldn't do it anymore

Answer 12

(fought against global modern society and economy. Strong groups rising up that had anti-global motivation) Ex: Osama Bin Laden attacking global trade center

Answer 13

made it easier for terrorists to move from place to place and coordinate over social media. Easy to get to places faster and it is very easy to move money. Money can move between cells and it is hidden easier. Really expanded range and scope of groups.

Answer 14

1. One person’s terrorist is another person's freedom fighter (not true and not academic. Science is not based on feelings. Not based upon whether you agree or disagree with goals. Can’t be relative to views) 2. You know it when you see it (not true, can’t have science based on instinct.) 3. Terrorists do not see themselves as terrorists (not true. Terrorists know what they are doing.)

Answer 15

1. Politics Typically states do not have one single definition because they do not want to be carved out as terrorists or have groups they support be considered terrorists. (ex US and Iran) Political battle to not have groups support be seen as terrorist. 2. Different Views People/branches of the government have different views. -FBI sees terrorism as a crime -Military sees terrorism as war issue If you want to be a leading force fighting terrorism, then you define it in a way that makes that happen.

Answer 16

1. Calculated/deliberate/purposeful (done with intent, not accidental targeting.) 2. Aimed at the innocent (targeting non combatants/ innocent civilians) (tactics may look similar, but it is WHO you are targeting) 3. The goal is to reach a larger audience (trying to get the attention of a bigger group, carry out attacks for attention and to build fear.) 4. Fear over material destruction (it is not about what they are destroying (infrastructure, vehicles), it is about destroying it and instilling fear to get them to do what they want.) 5. Political goal (other ones are key, this one is debatable. There are different political goals that may not be considered terrorism)

Answer 17

1. Guerilla war When you attack the military of the state, but don’t stand up and fight. You carry out an ambush, shoot or bomb then run away. Difference: your military is fighting their military with a different tactic. Not terrorism. Sneaky does not mean terrorism. 2. Insurgency A broad based movement amongst people to try and overthrow the government. Looks like terrorism because insurgents are not military, but they are still targeting the military so it is not. ALL ABOUT THE TARGET!

Answer 18

tactical choice. -a deliberate decision Groups decide how they will fight, and so terrorists decide their tactic is to target noncombatants. Terrorism usually not their first choice. Usually results after other tactics fail.

Answer 19

non-state actors, not military.

Answer 20

not terrorism War crimes are distinct and cases where soldiers take actions that are criminal. While it sounds like terrorism because it targets civilians by the military, it is in a different bucket. Ex: mi lai massacre: Soldiers ambushed and US platoon got pissed when they couldn;’t find military that did this so they leveled a village there and killed them all. WHEN MILITARY DOES SOMETHING THAT IS NOT STATE POLICY

Answer 21

If the state orders a large-scale massacre. States cannot be labeled terrorists by law because they have sovereignty. Instead, they can be labeled state sponsors of terrorism. Ex: Iran and the houthis rebels State leaders can commit war crimes and states can be state sponsored of terrorism, but not terrorism.

Answer 22

Theories: Rational choice, Personal traits, social interactions, and two-step model.

Answer 23

If you have a goal, you choose a method that helps get to that goal. Terrorists have their goal, so rational choice says that they use the best tactic to reach their goal. Usually terrorism is their next or last choice. They try to use other tactics that don’t work so they move to terrorism. -goal oriented. -not crazy or aberrant. They are adapting to circumstances and using what works best. Ex: weather underground started by holding protests and then started targeting people. Or the army of god couldn't change abortion laws so they began blowing up clinics. Terrorism is a sign of weakness because they can’t achieve objectives any other way.

Answer 24

-Jerrold Post “people with particular traits and tendencies are drawn disportionately to terrorist carries” Something about them makes them move to terrorism. Ex: Conflict ridden youths. (when you are young you have problems with authority and constant fights) many have clashes and 70% of men and 60% of women in terror groups have this background. -This youth leads to alienation, depression, or antisocial behavior. (Gives you new fulfillment. So then you're alone and the terror group comes along and makes you feel like you belong.) “Killing people to feel loved” -Terrorism is the end itself (the group doesn’t believe in the goals of the group, but are there because they feel loved.)

Answer 25

-recruited by friends or family. (people become terrorists because of the company they keep.) The basis is that most people are recruited by friends and family members. 88% were recruited by close friend or relative

Answer 26

Precondition - grievance Being mad at someone about something, like being mad at a government. Trigger event Some big event happens that moves you from just being mad to you actually picking up a weapon and taking action. Ex: Osama bin Laden didn't like the US but didn’t do anything until US troops moved into Saudi Arabia into the holy land in Mecca, then he moved into action. Timothy Oklahoma city bomber just didn’t like gov, but after WACO he actually moved into action. (strongest model)

Answer 27

-something more disturbing about women in terror groups -women have long been active in terror Terrors use women because they know they get more views when women are involved Roughly 20-30% of terrorist are female Leftist groups have more women than right -number of women are increasing

Answer 28

Love, demonstrating gender equality, not real women, and tactical advantages.

Answer 29

Ex: study on kkk showed that they joined because their SO was a member of clan

Answer 30

(feminist ideas encourage women to prove they are just as strong and capable as men)

Answer 31

Women that joined terror groups have an imbalance with testosterone that makes them violent.

Answer 32

Women are less likely to be touched and expected to be violent, so we are less likely to search them. Women can pretend to be pregnant and shape bombs like they are pregnant. Easy to hide and less likely to be searched.

Answer 33

red army faction, -ETA - Basque nation and liberty, Hizbollah (Hezbollah), Hamas, Al Qaeda, ISIS,

Answer 34

Short term, yes their can be successes. Long term, no. Record does nor support that it actually works long term. Two expectations: -Irgun: jewish nationalist sect that was active in Palestine during the creation of israel. Very violent and accredited to being able to fight off british. -National Liberation Front: algerian group that were able to drive french out of alregian.

Answer 35

2,2 cooperate, cooperate Without repeated play, infinite time horizon, shadow of future- most logical thing to do will always be confess/defect. With repeated play and it's needed factors, most logical thing to do is cooperate because of benefits.

Answer 36

To accomplish their political objectives or achieve a specific end.

Answer 37

-an attempt to impose rules of behavior on entities (states) that do not accept a higher authority. -States by definition are sovereign and enjoy immunity. How can you put laws on and limit behavior on something that is sovereign? leads to soveringty paradox

Answer 38

Who does international law apply to? States - you would think -But the problem is that states are sovereign (sovereignty paradox), so international law applies to individuals. -Individuals do not have sovereignty, and you can hold them accountable.

Answer 39

1. States have sovereign immunity 2. Individuals who act in the name of the state do not have immunity 3. But all acts of state are performed by an individual 4. So states are no longer sovereign?

Answer 40

Idea of “acting in the name of the state”. If you are a representative you enjoy immunity as long as you are taking LEGITIMATE actions of the state. But if you break out and take illegitimate actions, you are subject to breaking international law. Prevents government from being sued without it's consent.

Answer 41

illegitimate actions: human rights violations, large scale massacres Legitimate actions: conducting a war

Answer 42

US Domestic Policy. For example, you cannot sue the federal, local, or state government unless they allow you to because they are sovereign. You cannot sue political or military leaders if they are carrying out legitimate actions. -we are left in gray area with illegitimate and legitimate line.

Answer 43

International tribunals, Corporations, Agreements to make domestic law

Answer 44

(setting up a court to deal with specific cases. No long standing tradition or court.) -increased usage: International criminal tribunal of yugoslavia to simply look at human rights violations. -International criminal court - 1998 (efforts to create criminal court structure) The US, China, and Israel did not join and did not sign a treaty to create a court. So it did not bind them into it. The US stayed out for political reasons and because the relevant crimes that can be covered by the court are not well defined. Henry Kissinger led this because of unclear crimes. We were also worried it would take over the role of US courts. The main reason is because we are afraid the war will be used against them during unpopular wars and target soldiers

Answer 45

Ex: ford, diamond chrysler all accused of using slave labor to produce their vehicles. During nazi era, concentration camps participated in building their vehicles during holocaust. So the issue is should you punish them considering the people in positions and people in the stock are different individuals since it happened in the past? Deuteronomy defense? But then this could create a cycle where as long as they keep human rights violations a secret then they can profit off of them.

Answer 46

1984 torture convention: outlawed torture international law via treaty. What is interesting, was once you agreed to it and signed the treaty you had to change your domestic laws to match the definition of torture. Then this created a problem because how can the senate sign a treaty to change domestic laws that the house has no say in? So, can you force states to change domestic laws? No final answer on this -What is also interesting, the torture convention made it where you can capture and try the perpertatrator for those actions even if they did not commit them in your state which goes against usual US policy.

Answer 47

corporations say that thou shall not punish the son for the sins of the father. You can’t punish them for past peoples actions.

Answer 48

According to the US supreme court- international law. (according to one single case which had to do with hunting. So many people question whether this is true precedent or has to do with an individual case because IL was trying to protect geese in that specific situation.

Answer 49

-” a set of principled ideas about the treatment which all individuals are entitled to by virtue of being human.” (Schmitz and Sikkink 2002) academic -”Whereas recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice, and peace in the world.” (Preamble, Universal declaration of human rights”

Answer 50

Deductive and Inductive

Answer 51

Same as the natural rights tradition in IL. You can use reason and deduce logically what these rights should be.

Answer 52

Examine all the rights listed around the world and come up with a list and decide which ones on the list should be counted as universal human rights.

Answer 53

it is temporarily bound and has historical limitations as our human rights evolve. Deductive is more admirable because it asks what our rights should be.

Answer 54

what should be a human right. It is easy to disagree about what should be a human right and what should not be.

Answer 55

If you go to a fair in Europe, you would line up and pay money to toss a dwarf. Europeans do this for fun. France determined that this behavior was a violation of human rights and they were treated less than human. Manwell wackenhiem was a dwarf that made his living being tossed. He sued France saying he had the right to choose his type of employment. He said France violated his human rights by ruining his employment. The US and HRA said that uploading human dignity was more important than his right to choose his job.

Answer 56

In the east prostitution is legal, a woman can be offered a job in a brothel. A woman turns down a job in a brothel, so then Germany takes away her unemployment because she turns down a legal job. She sued and the court ruled against her and said since she turned down legal work she must lose her benefits.

Answer 57

Set of agreements and customs that most countries follow most of the time, that cover rights and duties of states. -1948 genocide and universal delclarion of human rights: outlawd genocide and passed udohr. Heavily influenced by america. -1952 rights of women: declaration of women's rights -1965 racial discrimination -1984 torture and rights of children -1998 international criminal courts: creation of court to look at issues (Mirrors the movement in the United States.)

Answer 58

Threats, Regime Type, and War

Answer 59

If the state feels that it is under threat, it will lead or the government will become more likely to lash out and create violations. Time of danger causes us to stop thinking of what's right and wrong, and they will justify it as self defense. Human rights take a backseat when we feel threatened.

Answer 60

Different types of government are likely to commit abuses. Democracies less likely to commit human rights violations, nondemocratic states more likely. Regime type can also determine what type of human rights violation. In a democracy there are more disappearances, while authoritarian regimes try to create fear so they will do it in public. Transitions: States that are transitioning to become democratic states are more likely to commit human rights abuses. Once they become a democracy, it will go down but the transition face can be dangerous.

Answer 61

Human rights abuses spike during war.

Answer 62

Resource scarcity and Globalization

Answer 63

Political, Economic, and Culture/Individual explanations

Answer 64

states with fewer resources that are poor are more likely to use oppression and rely on human rights violations to maintain power and control.

Answer 65

People argue that moving into globalization has either helped or hurt human rights. Pro side: globalization has allowed for the expansion in belief in human rights. Foreign investors do not want to come into places that have human rights violations often. So states clean up human rights efforts to get more corporations. Con side; Chomsky. Chomsky is a leader in a group that has a bit of a marxist bend that says that involvement with the capitalist makes you more likely to see human rights violations take place.

Answer 66

Ideology and Psychology

Answer 67

Certain ideologies and cultural beliefs that are seen to increase human rights abuses. Any belief that dehumanizes some group of people will increase abuse. If I say you're subhuman, then I don’t think you have human rights which set themselves up to commit abuses.

Answer 68

(Following orders or scapegoats) They find that some people are more likely to follow what our leaders tell us no matter what. Some will listen to authority and not question them no matter what even if it means committing human rights abuses. Ex: Nazis following order Ex: milgram study from ps210: Milgram study -Psychologically, we scapegoat and don’t allow stuff to be our fault. Tendency prone to blame others show that they are more likely to commit human rights violations.

Answer 69

States by definition are sovereign and enjoy immunity. State immunity protects the state's sovereignty and ability to act. Therefore, war and political decisions are legitimate actions and free from restrictions.

Answer 70

all sovereign states are equal before international law despite asymmetries of inequality in areas like military power, geographical and population size, levels of industrialization and economic development. Written into US charter 1945

Answer 71

the official exemption of a ruler or state from civil suit or prosecution. Prevents government from being sued without it's consent. Instead places emphasis on the individual. If you are a representative you enjoy immunity as long as you are taking LEGITIMATE actions of the state. But if you break out and take illegitimate actions, you are subject to breaking international law.

Answer 72

premeditated, politically motivated violence, against noncombatant targets by subnational groups usually with goal to influence larger audiences