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).
What is the tension between state sovereignty and international human rights law?
Human rights law imposes restrictions on sovereign prerogatives, creating legal controversy as it aims to regulate intra-state relations rather than inter-state relations.
What challenges arise in enforcing international human rights law?
Violations typically occur in intra-state conflicts.
States are both enforcers and violators.
There is minimal incentive for states to incur costs to enforce these laws.
Reciprocity does not drive compliance.
What was the outcome of S.A.S. vs. France (2014) in the European Court of Human Rights?
The ECtHR found that France’s 2010 law banning full-face coverings infringed on Articles 8 and 9 (privacy and religious freedom). However, it ruled the law was justified based on France’s cultural need for “living together” under the margin of appreciation doctrine.
What was the outcome of Yaker vs. France (2018) in the Human Rights Committee?
The HRC found France violated ICCPR Article 18 (freedom of religion), as “living together” is not a protected right under the ICCPR. However, France disregarded the ruling, as HRC decisions are non-binding.
What is the Responsibility to Protect (R2P) principle?
- Prevent humanitarian crises.
- React to them when states fail to protect their citizens.
- Rebuild after intervention.
Responsibility shifts from the state to the international community and, ultimately, individual states if others fail.
What is the main difference between the American, European and African regional human rights systems?
America: court will only hear cases brought to them by commission
Europe: individuals can bring cases directly to court here
Africa: it depends, depends on the countries.
define human rights
Human rights are the freedoms people enjoy to make choices about their lives and the legitimate expectation that they will be treated in appropriate ways. The enjoyment of rights involves a moral entitlement and calls for a recognition of human dignity, meaning that every person has honor and worth.
As part of the post-Second World War global movement, human rights are to belong to every person on the planet and are inalienable in the sense that they are an inherent part of each person. If a government or private party denies a right, it is a wrongful act.
What are collective/third generation rights?
“Third-generation rights” refer to rights enjoyed by groups on a broad level as opposed to individual rights, possibly as an ethnic group, an entire country’s population, or all of humanity. These rights are frequently called collective rights and can involve the right of self-determination, the enjoyment of natural resources, environmental security, the right to development, and the benefits of peace
What is the problem of cultural relativism in HR?
Supporters of this view believe that global regions and countries have their own unique cultures and that a universal conception of human rights may not be a good fit for all ways of life. In fact, the most ardent critics assert that human rights are nothing more than another example of Western cultural imperialism forced on Third World states like capitalist trade rules that favor the wealthy West
