Section 11 - Human rights and Humanitarian Intervention Flashcards
Define humanitarian intervention
Definition: Military action taken by a State, group of States, or IGO, in the territory of another State, without that State’s consent, with the purpose of ending the systematic violation of fundamental human rights in the host State
→Can the Security Council sanction humanitarian interventions?
Short answer: no.
nothing in the charter allows for it, ot any other kind of military interventions except for security and peace.
Humanitarian intervention as part of CIL
What is R2P?
each state should protect their own civilians.
when they fail, responsibility falls onto the international community as a whole and is sometimes rep by UN.
if they fail, then the respo is gonna fall on each ind state.
Why did Nicaragua file a case against the United States in the ICJ during 1984–1986?
Nicaragua accused the U.S. of violating international law by mining ports, supporting the Contras, and imposing embargos.
What violations of CIL and bilateral treaties did the ICJ find the U.S. guilty of in the Nicaragua case?
CIL: Violated territorial sovereignty and laws of war (e.g., mining ports without warning, encouraging violations of the Geneva Conventions).
Bilateral treaties: Violated obligations by imposing embargos.
What was the U.S.’s justification for its actions in Nicaragua, and why did the ICJ reject it?
The U.S. cited collective self-defense, claiming Nicaragua attacked El Salvador. The ICJ rejected this, finding no armed attack occurred and that U.S. actions exceeded necessity and proportionality.
What reparations did the ICJ find the U.S. responsible for in the Nicaragua case, and how did the U.S. respond?
The ICJ found the U.S. responsible for reparations and cessation of unlawful acts. The U.S. ignored the ruling and dismissed the ICJ as illegitimate.
What event prompted Iran to bring a case against the U.S. to the ICJ in 1992?
Iran accused the U.S. of violating the 1955 Treaty of Amity by attacking Iranian oil platforms during incidents in 1987 and 1988.
What was the legal basis for the ICJ’s jurisdiction in the Iranian Oil Platforms case?
The bilateral Treaty of Amity between the U.S. and Iran (1955), which contained a compromissory clause for disputes.
What was the U.S.’s defense for its actions, and how did the ICJ respond?
Iran vs US oil platforms
The U.S. argued its actions were self-defense. The ICJ found the prior attacks on U.S. ships to be dubiously attributable to Iran and determined the U.S.’s actions were retaliatory, not necessary or proportionate for self-defense.
Why did the ICJ ultimately find no violation of the 1955 Treaty of Amity in the Iranian Oil Platforms case?
The ICJ concluded that the destruction of oil platforms did not affect freedom of commerce since an embargo was already in place.
What event triggered the international case concerning Israel’s 1981 airstrike on Iraq?
Israel conducted a preemptive strike on Iraq’s Osirak nuclear reactor, claiming it was necessary to prevent Iraq from developing nuclear weapons.
What treaty was relevant to the Israeli airstrike, and what does it require?
The Nuclear Non-Proliferation Treaty (NPT), which prevents horizontal nuclear proliferation and requires parties to allow inspections to ensure compliance.
What was the UNSC’s decision regarding the Israeli airstrike?
The UNSC determined there was no legal case for a preemptive strike and recommended reparations by Israel to Iraq. However, the resolutions were watered down due to U.S. influence and were non-binding.
What constitutes the “International Bill of Rights”?
The International Bill of Rights includes:
Universal Declaration of Human Rights (UDHR, 1948).
International Covenant on Civil and Political Rights (ICCPR, 1966/76).
International Covenant on Economic, Social, and Cultural Rights (ICESCR, 1966/76).
