Wk 5 - IL Flashcards
International Court of Justice is viewed as… (x1)
Because… (x1)
Deals with… (plus 2 egs)
Seen as weak institution, because
Designed to settle disputes only between states
Deals with contentious issues – Application of Genocide Convention, legality of the use of nuclear weapons (not prohibited to own or develop, but use is contrary to law)
What are the four sources of IL, as recognised by the ICJ?
International convention/treaties - binding general agreements
International custom - evidences general practice
General principles - recognised by civilised nations
Judicial decisions/qualified teachings
How are UNSC resolutions formed? (x5)
Needs to get on the agenda, which is from Sec-Gen, then approved; item stays on agenda til council clears it; may lead to
The passing of a non-binding Presidential Statement (requires consensus), or
Drafting of resolution: 2-3 states, behind closed doors, then debate it ‘in blue’;
Then draft is voted on/amended in black;
Then vote (2/3 majority for non-procedural, without a P5 veto [only 173 vetoes in over 2170 resolutions])
What is humanitarian law/history of? (x3)
Laws of war - only during conflict regulates armed conflict and protect its victims – companion to HR law;
First protection of civilians only in 1934 – those within occupied territories;
More conventions evolving, since 1949 – explosion of rules on weapons that can be used, and how to discriminate civilian targets
What is genocide? (X2)
Acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group,
Whether during peace or war time
The Genocide Convention 1948 is what kind of law?
How is it monitored? With eg issue of
What genocides have been investigated/recognised? (X4)
Sits in both humanitarian and HR
No monitoring body, others states must refer it
eg Rwanda – everyone avoided using the word and therefor obligation to act
Cambodia unrecognised as it didn’t target specific group
Only 3 – Rwanda, Armenia, Holocaust (Serbia found to have violated obligations - acts recognised, but not broader definition)
What are tribunals/used for? (x1)
2 egs and issues (x4)
Law used as a deterrent,
eg International Criminal Tribunal for former Yugoslavia and Rwanda widely supported
Issues getting appearance of the indicted
And of evidence
Major funding shortages
Seen as victors courts eg very few defendants were Bosnian
What is the ICC? (x1)
Here’s cases on what crimes? (x$)
Permanent institution with jurisdiction over persons for most serious international crimes Genocide Crimes against humanity War crimes and aggression Rape (newly added)
How do cases come before the ICC? (x3)
Referral by:
State party
the Prosecutor
UNSC
What defines crimes against humanity? (x1)
Egs (x10)
Plus what other acts? (x1)
Widespread or systematic attack directed against civilian population
Including murder, extermination, enslavement, deportation, imprisonment, torture, rape, persecution, enforced disappearance, apartheid.
Inhumane acts intentionally causing suffering, injury to body/mental or physical health
What defines war crimes? (x1)
Egs (x4)
And includes… (x1)
Grave breaches of the Geneva Conventions
Wilful killing, torture, unlawful confinement.
Intentionally directing attacks against the civilian population
What criticisms are levelled at the ICC? (x4)
Only 2 convictions so far
Authority is vague/elastic as are crimes it prosecutes
Current prosecutor has never actually brought a conviction or completed a trial
Case selection – no non-African ever indicted by the court
What criticisms are levelled at the use of legal institutions (tribunals, mixed courts, ICC) to achieve justice? (X3)
Those impacted most have least impact on process – justice is outsourced
Punitive repercussions don’t help post-conflict recovery
Adversarial system – one is right/just, the other isn’t – the Western way, but non-existent in other cultures
The Lubanga trial was an example of… (x1)
Which involved… (x4)
Successful prosecution by the ICC
Lubanga referred by the DRC
Issues over the use of intermediaries to give evidence - in order to protect witnesses
Conviction in 2012, 14 year sentence
But no reparations possible - ICC uses own trust fund in CAR, DRC, Uganda
What is the Crime of Aggression? (x2)
Most serious and dangerous illegal use of force
Character, gravity and scale to be sufficient as manifest violation of UN charter
