To What Extent Has HR Governance Seriously Undermined State Sovereignty

Question 1

PARA 1 part 1

Answer 1

ICC:
Has
-countries obligated to arrest (eg. Putin didn’t attend BRICS in SA)
-intervenes in states internal affairs (eg. Thomas Lubanga Congolese warlord found guilty for enlisting children)

Question 2

PARA 1 part 2

Answer 2

ICC:
Hasn’t
-70% of cases are self referrals
-States don’t have to ratify Rome Statute (eg. USA, China, Russia)
-States can leave Rome Statute in simple national legislation (eg. Burundi claiming ICC is anti Africa)
-ICC relies of states to deliver suspects to The Hague (eg. Brazil ignoring ICC requests when Putin visited Brazil.)

Question 3

PARA 1 mini conclusion

Answer 3

ICC has undermined state sovereignty to a slight extent because criminals are removed to The Hague and generally the ICC intervenes in a states judicial system
ICC doesn’t seriously undermine state sovereignty because states aren’t obligated to ratify Rome Statute and even if they do ICC lacks hard power to force states to deliver wanted persons.

Question 4

PARA 2 part 1

Answer 4

Humanitarian intervention:
Has
-only applies to weak countries, Chomsky: ‘for the powerful crimes are those that others commit’ (eg. USA isn’t questioned on their use of water boarding)
-double standard due to UNSC approval (eg. Lack of intervention is Russian aggression and invasion of Ukraine)
-ultimately invading a sovereign state for the sake of western ideals

Question 5

PARA 2 part 2

Answer 5

Humanitarian intervention
Hasn’t
-can be used to protect state sovereignty (eg. Former Yugoslavia against Serbia eg. Sierra Leone against Charles Taylor)

Question 6

PARA 2 mini conclusion

Answer 6

Humanitarian intervention is necessary in order to preserve human life it does seriously undermine state sovereignty

Question 7

PARA 3 part 1

Answer 7

Tribunals
Has
-can be set up against a states will (eg. Serbia against tribunal although gov did ultimately deliver suspects
-national or ex national leaders can be tried and found guilty (eg. Charles Taylor president of Liberia)

Question 8

PARA 3 part 2

Answer 8

Tribunals
Hasn’t
-authorised by UNSC so can be vetoed (eg. Unlikely to be special courts in Ukraine or Syria)
-most tribunals are set up with gov support
(Eg. Sierra Leone as it helped restore sovereignty and stability)

Question 9

PARA 3 mini conclusion

Answer 9

Tribunals are necessary but can significantly undermine state sovereignty

Question 10

CONCLUSION

Answer 10

HR governance has seen great successes, it does however significantly undermine state sovereignty, especially as it undermines the sovereignty of already weak states rather than based on HR abuses alone.