September Flashcards
We need a paradigm shift from what to what?
From a culture of crisis management to risk management
What is the WHY of humanitarianism
Disasters
What is a disaster?
A situation involving a natural hazard which
has consequences in terms of damage,
livelihoods/economic disruption and/or
casualties that are too great for the affected
area and people to deal with properly on their
own
What is vulnerability?
The degree to which one’s social status influences differential impact by natural hazards and the social processes which led there and maintained that status. It depends on the individual and society depending on context. A farmer in the middle of nowhere is more affected by a drought then he is a virus.
What is disaster risk?
hazard x vulnerability
What is livelihood?
All resources required to sustain durably people’s basic need. Basic needs refer to food, shelter, clothing, cultural values and social relationships. There are structural constraints to how much this can be protected
What is this formula? DR = H x [V/C - M]? What do the letters mean?
DR = disaster risk
H = hazards
V = vulnerability
C = capacity to cope
M = mitigation
The purpose of the formula is not to do any actual calculations but instead demonstrate how capacity can reduce vulnerability
What is capacity?
The resources and assets that people possess to resist, cope, with and
recover from disaster shocks they experience, including the ability to either use or access needed resources
What is humanitarianism?
The impartial, neutral, and independent provision of relief to victims of conflict and natural disasters
or / and
An expression of the universal value of solidarity between people
What are the three principles of classical humanitarianism?
Impartiality, neutrality, and independence
Cliff notes on the1990s and how the end of the cold war affected humanitarianism
1990s end of cold war. The bipolar (one side US other side USSR) system shuts down and the soviets fall.
A unipolar world begins to spread as liberal democracy spreads via US interventions. The USSR’s veto power is gone and state actors can do what ever really (aka the US)
Interstate war or war between countries turns into -> intrastate war or war within a country
More complex humanitarian emergencies
Massive technological advancements begin
Boom in the humanitarian industry;
Including a swell of official assistance and private donations
Mandate expansion occur as organizations no longer just want to help out, they want to work on root causes like the political side
Organizations that used to work on the politics now want to work on the issues
With the shift from classical to resilience paradigms after the cold war, what effect did this have on the humanitarian system?
Shifts occurred in how crisis, aid, and the role of aid providers would occur
There was less urgency for aid and put too much faith in local communities’ capacities to cope with crisis - therefore undermining the need for NGOs to assist
How has / was humanitarian systems become instruments for states to use as a foreign policy tool in the post 1990s - 2000s?
Evidence includes issues like the creation of humanitarian units by governments. Governments take on the challenge instead of apolitical groups or business.
They also begin in the 1990s to use armed support for some sides. Creation a cashflow.
2000s; the responsibility to protect doctrine comes out. It is in response to the absolute failures of the 1990s to protect peoples. It changes the way we view sovereignty and is linked to the state’s ability to prevent conflict. If they are unable to protect their citizens then the international community entering and being responsible to act occurs.
Armed humanitarianism begins to evolve and materialize
Humanitarian orgs are now in reconstruction, human rights, democracy promotion, and peacebuilding
The flagship example of this was the reconstruction team in Afghanistan and Iraq. Humanitarianism becomes a huge part of peace building and spreading state views.
What is the world order?
An organized state of existence and an international set of
arrangements for preserving global political stability. Patterned international activity that preserves and sustains the goals of a society of states including preservation of the system itself
What is the international society?
A group of states, conscious of certain common interests and common values bound by a common set of rules in their relations with one another and which share in the working of common institutions
What are the two core norms of the humanitarian system?
Sovereignty: states have independence from each other
&
Non-interventionalist: states have a right to their own order within their state without intervention
Explain the current state of the humanitarian system and its possible future
Presently: a diffusion of power. Not just held by states anymore but actively by various groups. There is a loss of faith in the liberal international organizations like the UN & WHO
Future: possibility multipolarity where states are fighting and cooperating internationally to advance their own goals. Or possibly civil society working together to govern a global world
What is government vs governance?
Government: an actor that is able to set rules and ideally has the means to enforce it through formal authority and hierarchy. There is assumably a static formal structure
Governance: the more pluralistic, conflictive process of norm negotiation and norm enforcement
What is a norm?
Norm: an ambigous ‘normal’ belief consensus behavior etc that exists
What is global governance?
Global governance: the collective problem solving arrangements that include state organizations, state organizations, and more. it does not properly exist really
What was the structure of the international humanitarian system referred to as?
A weakly institutionalized system with an increasing number of actors
What are the three elements of a state?
Territory, population, and power
What did Max Weber argue?
Argued that a state as the legitimate monopoly over physical violence within a territory. The state is focused on physical safety and material well being
What did John Lock and Thomas Hobbes argue?
Social contract theory. State is empowered by a social contract with the people. There is a security in exchange for freedom. Locke believed that the state of nature is reason and tolerance. Hobbes believed the state of nature is war and competition. This is why a state needs a strong sovereign leader to push back against that. However the leader was held true by the social contract
What did Emile Durkheim argue?
Viewed the state as an emodiment of sentiments, ideals, and beliefs of a society. The state eists as a technical identity, while the nation is just a shared identity and norms
What are the traits of civil society organizations?
Non-governmental, not for profit, voluntary with community or issue based groundings. Demands transparency and participation from states. States control their area of action and they are funded through membership fees, donations, and state funding channels. They are the first line of response to disasters
What are the five parts that make up the united nations?
General Assembly
Security Council
Secretary Branch
Economic and Social Council
International Court of Justice
What are the traits of International Governmental Organizations?
At least 3 states with formal agreement and structure
Facilitates inter-state cooperation and create rules / standards
Has a sense of voting or similar procedures to ensure representatives are heard
What are the traits of international non-governmental organizations (INGOS)
Made up of multiple mandates or only humanitarian ones. Acts as an actor for advocacy and service delivery. Unbound by international law of state conduct and therefore has more mobility and global access
They often act as norm entrepreneurs and seek to change global norms
Explain Dunanists vs Wilsonians
Dunanists: adheres strictly to humanitarian principles
Wilsonians: aligns themselves with the foreign policies of states
Just war theory states that war is legitimate when what?
Waged in self-defense
Waged to restore peace and promote Christianity
Waged on behalf of the appressed
Waged as punishment for injuries
There was three main conditions;
Right authority, just cause, and right intention
What is jus ad bellum? In modern times with the UN what does this require? What are its limits?
jus ad bellum = law of going to war
It states that war is legitimate when;
waged in self defense
authorized by the security council
unilateral military acts are not allowed
protects equal sovereignty
It is limited by;
vetos
lack of compulsory mechanisms
low incentives for states to follow it
What is Responsibility to Protect [R2P]?
States that sovereignty comes with a responsibility to protect the people within your area. If states fail to protect then it is justifiable for militaries to intervene in the failing territory. This includes responsibility to protect, prevent crises, and help to re-build after crisis’s.
Important thing to remember is that there is a ‘responsibility’ for countries to assist one another and step in if people are not being protected
What is Protection of Civilians [POC]?
A baseline that citizens should be protected from physical harm. Others extend this to include the protection of human rights, humanitarian relief, and development.
It is more widely accepted by UN actors than R2P and in practice is not seen as a legal obligation
Explain R2P vs POC
Right to protect focuses on preventing large scale crimes like war crimes. Protection of civilians focuses preventing small scale acts of harm being done.
Right to protect is the macro level with things like laws, institutions standing strong, and widespread protection. Protection of civilians is tactical more micro acts like how soldiers are instructed to fight or the rights given to police officers.
Explain realism with reference to the humanitarian system
What does it focus on? How does it view the system? Who holds the power?
Believes that relations between states are about power and self-interest
Donor states in humanitarianism are seen as alliance and influencing tools to upkeep or create a global image. It is a tactic to maintain security
Recipient states receive aid only as punishment or rewards for working for or against the donor state’s interests
States have all the power as the primary financial sponsors. Humanitarian orgs are seen as having very little power.
Explain liberalism / constructivism with reference to the humanitarian system
What does it focus on? How does it view the system? Who holds the power?
Believes states are interdependent and that cooperation is mutually beneficial as states are shaped by their international cooperation
Humanitarianism is seen as a means of cooperation and alliance building. Working to create international norms and laws.
Humanitarian organizations have all the power as they are independent from states
Explain dependency / post-colonialism with reference to the humanitarian system
What does it focus on? How does it view the system? Who holds the power?
Focuses on inequalities in the global system and the core / periphery model
Humanitarian actors are seen as modern day colonial agents who generate aid dependency and weakens those they extract from. It manages international relations only in a way that benefits the extractors not those being extracted from.
The global north and humanitarian organizations have all the power as they keep the system status quo running
Explain neo-liberalism with reference to the humanitarian system
Focuses on individual freedom and entrepreneurship alongside reduced state intervention in the market. This will only hinder economic growth
The humanitarian system is seen as exporting corporate insight into crisis effected societies. They lobby for reforms that only help open up the world to business
Corporations hold the most power due to their humanitarian foundations and humanitarian orgs are shaped by them
What is the purpose / subjects / and sources of Public International Law
Purpose: PIL provides the rules of law for relations between states. Functions of the states and individuals and how they interact, focusing on things like preventing crises and avoiding human sufferings
Subject: Those who have legal personhood under PIL are those who can posses rights, discharge duties, and have responsibilities
Sources: States are the ones who make the laws that regulate their relationships between one another. It is based on things like international customs and general principles of law
What is the judicial authority and enforcement mechanisms of Public International Law? How is enforcement done?
Judicial authority comes from;
The International Court of Justice (ICJ) and Special Tribunals. They settle disputes between states as third party independent experts. Really requires state consent to be effective
International Criminal Court (ICC) who tries individuals who commit international films. Only goes forward when national authorities are unwilling or unable to prosecute. Cases are referred to the court by the UN security council, a State, or a prosecutor
Enforcement is done through non-coercive, diplomatic means and pressures through things like sanctions or military actions
What is the purpose and sources of International Human Rights Law (HRL)
Purpose: protect individuals’
-Rights of the person (equality, life, freedom, safety)
-Rights of the individual within social groups (private and religious life, marriage, movement, etc)
-Political rights (thought, assembly, etc)
-Economic and social rights (work, leisure, etc)
Sources: International Bill of Human Rights / Universal Declaration of Human Rights / International Covenant on Civil and Political Rights / International Covenant on Economic, Social, and Cultural Rights
What is the judicial authority and enforcement mechanisms of International Human Rights Law (HRL)? How is enforcement done?
Judicial authority comes from;
-Treaty committees who monitor states for implementation and compliance
-UN special procedures, special rapporteurs and working groups who are independent human rights experts
-UN human rights council also made up of independent actors and not states
What is the purpose / subjects / and sources of International Humanitarian Law (IHL)
Purpose: IHL regulates conduct in armed conflict. Focuses on the protection of civilians and the principle of distinction. it restricts the means and methods of warfare with explicit protections for children, women, families, elderly, refugees, and the displaced. Is also responsible for ensuring medical personally / staff with official emblems (think red cross) can stay safe during times of conflict
Subject: individuals + states
Sources: Geneva convention + customary law
What is the judicial authority and enforcement mechanisms of International Humanitarian Law (IHL)? How is enforcement done?
Under IHL penalties or criminal procedures are not prescribed. States are left to decide how to punish after the decisions are made
What is the purpose / subjects / and sources of International Criminal Law (ICL)
Purpose: to impose duties according to HRL and IHL and hold individuals accountable to grave crimes against humanity
Subject: individuals (those subject to HRL and IHL) + states
Sources: mix of PIL and domestic criminal law. Treaties, customary law, general principles of law, judicial decisions, and the roman statute
What are the four general principles of law under ICL?
1) no crime without pre-existing law
2) penalties for crimes should be clearly identified
3) when in doubt, for the accused
4) not twice for the same
What is the International Criminal Court and what is their jurisdiction?
The first fully international court that is held in The Hague, Netherlands and convened under the Rome Statute
Has jurisdiction over individuals only with only crimes listed in the Rome Statute (genocide, crimes against humanity, and crime of agression). State consent is needed to prosecute
What is genocide / crimes against humanity / war crimes / crimes of aggression
Genocide - fundamental norm of ICL and is acts with INTENT to destroy a national, ethnic, racial or religious group
Crimes against humanity - includes a huge variety of things and only requires knowledge of the actions not intent to cause crimes against humanity. Can include things like murder, enslavement, deportation, torture, rape, etc inhumane acts. Requires often a higher level of organization to be proven
War crimes - connects ICL and IHL with focus on the grave violations of the Geneva Convention (500 listed crimes). Includes people who worked to plan or policy such crimes.
Crimes of aggression - focuses on attacks on political leaders. Has limited capacity to prosecute and a lack of agreement on a definition
Where / who does the International Criminal Court receive consent from?
States have the primary capacity to prosecute international crimes. State consent can be delivered by 3 mechanisms;
1) state of the accused has ratified the roman statute or recognized ICC for the case at hand
2) state in which crime was committed has ratified the roman statute or recognized ICC for the case at hand
3) UNSC refers the case to the ICC
States can technically withdraw their consent but only 2 have ever done so
What is the International Court of Justice? What is their jurisdiction?
A court established in the UN charter with its Statute existing within it
Its jurisdiction covers all UN member states + non-member states that become parties to the Statute
It requires state consent when;
-parties submit a case to the ICJ
-clauses are violating treaties
-there are voluntary declarations of acceptance
The court has the power to decide and make binding decisions. However it has no initiative and cases must be brought directly to it by one of the parties involved or by individuals
ICJ vs ICC (differences) go!
ICJ
-Settles disputes between states
-Cases referred to by states or individuals
-Funded through 1) UN member state contributions and 2) SG’s trust fund in assisting states
-Budget approved by United Nations General Assembly
-15 judges, 9 year terms, approved by both united nations general assembly and united nations security council
ICC
-Tries individuals for only 4 crimes
-Cases referred by states or united nations security council
-Funded through 1) assessed contributions of state parties 2) UN funds via United Nations Security Council referral
-Budget is decided by assembly of state parties
-18 judges, 9 year terms, approved by the Assembly of State Parties
What four countries have withdrawn from ICC?
Israel
United States
Russia
Sudan
What is disaster law? Do they offer soft or hard instruments of law?
Disaster law is a branch of Public International Law (PIL) and focuses on natural, technological, and environmental disasters.
It relies on soft law and only makes recommendations for better practice rather than enforcing it
Who are the four groups with special protections within HRL?
Minorities, refuges, mothers, and children
