Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

POLS 263: Politics of International Justice and Law > Terminology > Flashcards

Terminology Flashcards

You may prefer our related Brainscape-certified flashcards:
Civil Procedure 1L flashcards MBE flashcards MPRE flashcards
1
Q

Article VI (UN Charter)

A

Pacific Settlement of Disputes; Articles 33-38

  • GA President
  • SC President
  • ECOSOC President
  • Trusteeship COuncil
  • ICJ
  • Secretary General
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Geneva Conventions

A

1949, most recent iteration

  • Development closely associated with the Red Cross
  • Helped reduce harm for soldiers and civilians
  • 4 conventions, 2 protocols
  • Common Article 3
  • Rome Statute
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Nuremberg Tribunal

A
  • Germany 1945-1949
  • A series of military tribunals held by the Allied forces under international law and the laws of war after world war II
  • Victor’s Justice
  • Ex post facto law
  • Crimes against humanity
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

International Criminal Law

A

-Ad hoc tribunals
Two Foundations/concerns:
1) State coordination is necessary to address certain crimes that states have a common interest in stopping
The piercing of state sovereignty is necessary to protext individuals from atrocities from which states are sometimes unwilling or unable to protect their citizens

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Jus ad bellum

A

The start point of a just war theory

- Right to war, the legitimate reasons a state may engage in war

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Common Article 3 (Geneva Convention)

A

In the case of armed conflict not of an international character occurring in the territory of one of the High Contracting Parties, each Party to the conflict shall be bound to apply as a minimum, to certain provisions

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Jus post bellum

A

“Justice after war”

  • Peace settlements
  • May consider the need to offer reparations, memorials, etc.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Public International Law

A

Covers relations between nation-states and includes treaty law, law of sea, international criminal law, laws of war, international human rights law, refugee law

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Customary International Law

A
  • International custom, as evidence of general practice accepted as law
  • International obligations arising from established international practices rather than oblications arising from formal treaties
  • Can be established by showing state practice and opinio juris
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Rome Statute

A

Treaty that established the ICC

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Universal Jurisdiction

A
  • A legal principle allowing or requiring a state to bring criminal proceedings in respect of certain crimes irrespective of the location of the crime or the nationality of the perpetrator or victim
  • Based on the notion that certain crimes are so harmful to international interests that states need to bring proceedings against the perpetratior
  • Universal jurisdiction allows for the trial of international crimes committed by anyone anywhere int he world
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Humanitarian Intervention

A
  • R2P

- All states have a positive duty to protect their own citizens AND the citizens of other states

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Just Cause

A
  • Large scale loss of life

- You are attacking me

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Treaty

A

A formally concluded and ratified agreement between countries

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Responsibility to Protect (R2P)

A

-International security and human rights norm to address the international community’s failure to prevent and stop genocides, war crimes, ethnic cleansing and crimes against humanity

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Ex post facto law

A

with retroactive force or effect

- Applying the law after the crime has been commited

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

Human Rights Law

A
  • Applicable in times of peace or war
  • Universal Declaration of Human Rights
  • Human rights are universal, fundamental and inalienable
18
Q

Ratification

A

the action of signing or giving formal consent to a treaty, contract, or agreement, making it officially valid

19
Q

Chapter VII (UN Charter)

A

“Action with respect to the threats to the peace, breaches of the peace, and acts of aggression”

  • Articles 39-51
20
Q

Genocide

A

Acts committed with the intent to destroy, in whole or in part, a national , ethnical, racial, or religious group

21
Q

Genocide Convention

A

Adopted by the UNGA in 1948

- Passed to outlaw actions similar to the Holocaust

22
Q

Cosmopolitanism

A

Ideology that all human beings belong to a single community, based on shared morality
- A global politics that projects a sociality of common political engagement among all human beings across the globe; suggests it should be ethically or organizationally privileged

23
Q

United Nations Security Council

A
  • Responsible for the maintenance of international peace and security
  • May adopt compulsory resolution (that are legally binding)
    Has 15 members, 5 permanent members with veto power and 10 elected members
24
Q

United Nations General Assembly

A
  • May make non-compulsary recommendations to states or suggestions to the Security Council (UNSC)
    • Decides on the admission of new members, following proposal by the UNSC
    • Adopts the budget
      Elects the non-permanent members of the UNSC, all members of ECOSOC, the UN Secretary General (following his/her proposal by the UNSC), and the 15 judges of the International Court of Justices (ICJ). Each country has on vote
25
Q

Sanctions

A

A threatened penalty for disobeying a law or rule

26
Q

War Crimes

A
  1. The Court shall have jurisdiction in respect of war crimes in particular when commited as part of a plan or policy as part of a large-scale commission of such crimes
    1. For the purpose of this statute, “war crimes” means:
      ○ Grave breaches of the Geneva conventions
27
Q

International Humanitarian Law

A
  • Also known as the laws of war or the law of armed conflict
    • As a set of rules and principles it aims, for humanitarian reasons, to limit the effects of harm
    • 2 Principles of IHL:
      ○ Persons who are not, or are no longer, participating in hostilities must be protected (civilians, medical and religious military personnel, wounded, sick, prisoners of war, etc.)
      ○ The right of parties to an armed conflict to choose methods and means of warfare is not unlimited
      - Restricts means of warfare, what particular weapons can be used, what tactics might be prohibited, etc.)
28
Q

The Hague Conventions

A

○ First formal statements of laws of war and war crimes in international law; the first multilateral treaties that addressed the conduct of warfare
○ Prohibited; the use of asphyxiating gases, the use of expanding bullets, and the discharging of projectiles or explosives from balloons
○ Created the Permanent Court of Arbitration (voluntary forum for peaceful settlement of disagreements)

29
Q

United Nations Secretariat

A
  • Administrative organ of the UN
  • Supports the other UN bodies administratively (for example in the organization of inferences, the writing of reports and studies and the preparation of the budget)
30
Q

International Court of Justice

A
  • Separate from the league of nations
    • Recognition for the attempts made after WWII, came before present day Court of International Justice
    • “The jurisdiction of the Court comprises all cases which the parties refer to it and all matters specially provided for in treaties and conventions in force”
    • In addition to its function of determining any dispute of an international character which parties submit to it, it ‘may also five an advisory opinion upon any dispute or question referred to it by the Council or by the Assembly’
31
Q

Opinio Juris

A

“opinion of law” - belief that an action was carried out as a legal obligation

32
Q

Proportionality

A

-Prohibition against excessive force

33
Q

African Charter on Human and People’s Rights

A

Article 3

  1. Every individual shall be equal before the law.
  2. Every individual shall be entitled to equal protection of the law.

Article 23
1. All peoples shall have the right to national and international peace and security. The principles of solidarity and friendly relations implicitly affirmed by the Charter of the United Nations and reaffirmed by that of the Organization of African Unity shall govern relations between States.

Article 24
All peoples shall have the right to a general satisfactory environment favorable to their development.
Article 27
1. Every individual shall have duties towards his family and society, the State and other legally recognized communities and the international community.
2. The rights and freedoms of each individual shall be exercised with due regard to the rights of others, collective security, morality and common interest.

34
Q

European Court of Human Rights

A

s a supranational or international court established by the European Convention on Human Rights. The court hears applications alleging that a contracting state has breached one or more of the human rights provisions concerning civil and political rights set out in the Convention and its protocols.

35
Q

International Court of Arbitration

A

confirming, appointing and replacing arbitrators, as well as deciding on any challenges made against them
monitoring the arbitral process to make certain that it is performed properly and with the required speed and efficiency necessary
scrutinising and approving all arbitral awards to reinforce quality and enforceability
setting, managing and — if necessary — adjusting fees and advances
overseeing emergency proceedings before the start of the arbitration
Our purpose is to ensure proper application of the ICC Rules, as well as assist parties and arbitrators in overcoming procedural obstacles. These efforts are supported by the Court’s Secretariat, which is made up of more than 80 lawyers and support personnel.

36
Q

Convention on the Right of the Child

A

a human rights treaty which sets out the civil, political, economic, social, health and cultural rights of children.

37
Q

International Criminal Court

A

has the jurisdiction to prosecute individuals for the international crimes of genocide, crimes against humanity, and war crimes. The ICC is intended to complement existing national judicial systems and it may therefore only exercise its jurisdiction when certain conditions are met

38
Q

Crime of Aggression

A

he planning, preparation, initiation or execution, by a person in a position effectively to exercise control over or to direct the political or miliatry action of a State, of an act of aggression which, by its character, gravity and scale, constitutes a manifest bilation of the Charter of the UN
- For the purpose of paragraph 1, “act of aggression” means the use of armed force by a state against the sovereignty, territorial integrity or political independence of another State, or in any other manner inconsistent with the UN Charter

39
Q

Crimes Against Humanity

A

○ Including murder, enslavement or deportation of civilians or persecution on political, religious or racial grounds

40
Q

UNSC P5 Veto

A
  • five states which the UN Charter of 1945 grants a permanent seat on the UN Security Council
  • Any one of the five permanent members have the power of veto, which enables them to prevent the adoption of any “substantive” draft Council resolution, regardless of its level of international support

POLS 263: Politics of International Justice and Law (1 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions