World Order Flashcards
ICJ
International Court of Justice
* resolve disputes and suggest solutions between countries
- does not account for interstate conflict
- No official recognition of court jurisdiction
* “China’s gone ballistic since the Hague ruling” SMH 2016
* “Australia ordered to stop spying on East Timor” SMH 2014
ICC
Rome Statute 1998
- Inter and Intra state conflicts
- Only 2 convictions in 14 years, 1 on appeal
- Omar Al Bashid trialed in absentia - question of fairness
- resource efficiency and enforcement is an issue - war ridden countries don’t give up their leaders
Tribunals
ICTY 1999 - International Criminal Tribunal for the former Yugoslavia
- Based upon Geneva conventions 1949
- Crimes against humanity and war crimes against serbian citizen
- Acquitted due to inefficience and lack of evidence despite large scale war crimes
- ‘No show trials at the Hague’ SMH 2013; ‘Deep fractures in the International Justice system’ SMH 2013
UN charter and UDHR
1945 and 1948
* Human Rights and World Order preservation
* established the UN and its organs
* Chapter II - state sovereignty
* Chapter VII - military and non military actions to restore and maintain peace
Media
- awareness and pressuring governments
- freedom of speech, unbiased but with threat - murder of Jamal Khashoggi Al Jazeera 2021, ban of patriot Act
- Footage of east timor militia action
- Zelenskyy’s call for help (Washington Post 2022) - australia 388 million in assistance dept of foreign affairs
UNGA
UN General Assembly
1945
* promotes UN charter and UDHR
* Discussion and debate to promote peace and co-op
* 2005 UN World Summit - R2P, allows the interference apart from state sovereignty
UNSC
- Enforcing organ of the UN
- East Timor resolution 1264 - peacekeeping forces aid in self governance and fair voting
- Veto power of the P5 limits enforceability - Russia vs Ukraine
- peacekeeping forces killed in Bosnia and Darfur
- “Most expensive of UN organs”, “illusion of security” Guardian 2015
Treaties
- Bilateral and multilateral
- work with the UN
- Nuclear Non Proliferation Treaty - 1968
- Able to withdraw (limitation) - North Korea 2005, but subsequent economic sanctions placed as repercussion
Responsibility to Protect
new rules regarding hostilities due to intrastate issues affecting WO
- 2005 World Summit
- Other states can step in if a state fails in protecting its citizen
- Conflict between UN charter Article II and VII
- Syria - Chemical attacks on civilians Al Jazeera 2018; refugees
State Sovereignty
- Treaty of Westphalia 1648, Montevideo convention on the rights and duties of states 1933
- UN Charter Article 2
- Equal rights and capacity for sovereign states - not reality (Power of P5)
- affects international community’s enforcement and participation in keeping W.O
Additional Protocols
I - interstate conflict, self determination (Independence from colonial powers)
II - Intrastate conflict, protection for victims, red crystal
World Order
- How nations have and use power
- How power needs to be limited by legal and non legal measures to promote peace and resolve conflict
Need for world order
- To create social, economic and political stability despite new aggressors
- To reduce the political, economic, environmental and social cost of war
-US 2.26 trillion in Afghanistan, ‘the environmental cost of war’ Guardian 2014 - India annexing kashmir (the Kashmir conflict National Geographic 2019)
Development of World Order
- Treaty of Westphalia 1648 - state sovereignty
- Limit war after WWII - UDHR, UN Charter 1945
- Geneva conventions 1949 - ICTY
- Economic, diplomatic sanctions, military use (Article 41 and 42)
Interstate conflict
implication on achieving world order
- Larger impact worldwide
- Additional protocol I
- ICJ - resolve conflicts (unspecified jurisdiction) - china’s gone ballistic smh 2016; australia ordered to stop spying smh 2014
- Treaties - maintain order (ability to withdraw)
- UNSC veto powers
- use of mass destruction weapons - nuclear non prolif treaty 1968
