world order evidence Flashcards
ICTR effective (life imprisonment)
life imprisonment of Former Prime Minister Jean Kambanda, despite the expectation that his guilty plea would serve as a mitigating factor
ICTR ineffective (fight to …)
On the other hand, an article published by the Guardian in 2014 titled “the fight to bring perpetrators to justice” undermined the effectiveness of the ICTR by disclosing it had only managed to complete 75 trials costing $1 billion during a 21-year mandate.
UNSC effective (no fly)
“approval of a no fly zone over Libya” (UNSC media release, 2011)
attempted to maintain international peace and security
protecting Libyan civilians.
UNSC ineffective (syria conflict)
unable to address the conflict in Syria (2011 - 2012) due to the implied power of veto under Article 27 of the UN Charter (1945) which undermines enforceability powers.
ICC effective (agression)
adding the crime of ‘aggression’ to its jurisdiction in 2018 to ensure it appropriately responds to the changing ethical standards of the international community.
ICC ineffective (biased)
biassed towards countries
does not maintain world order
some countries feel victimised whilst others favoured and causes tension within the international community.
ICJ effective (border)
July 2005
ICJ gave its ruling on the border row between Benin and Niger
successfully delineated the boundaries
defused the hostilities through resolving the dispute over territory.
ICJ ineffective (barrier wall)
Israeli West Bank Barrier Wall
Israel refused to recognise the jurisdiction of the ICJ
despite the court ruling in 2004
barrier was illegal and to be dismantled.
political negotiation effective (PNG + BV)
Notably, political negotiations between Papua New Guinea (PNG) and Bougainville rebels effectively resolved civil conflict as both parties signed The Bougainville Peace Agreement in August 2001.
political negotiation ineffective (conference on conflict in…)
the establishment of the ‘International Conference on the Conflict in Syria’ in February 2014 indicates the incapacity for political negotiations to resolve conflicting views.
ICTR effective evidence (61 convictions + aggravating circumstances)
being one of the 61 genocide convictions made by the ICTR,
the ability for the trial chamber to conclude that “the aggravating circumstances surrounding the crimes negate the mitigating”
demonstrates the high extent to which the ICTR can effectively achieve justice through recognising the rule of law.
ICTR ineffective evidence (gacaca)
Gacaca system which found 65% of those tried guilty and =cost only $40 million. Hence, the clear triumph of the Gacaca system over the ICTR demonstrates its inability to achieve justice as it attained far fewer convictions.
UNSC effective evidence (take all…)
UNSC Resolution 1973 member states were authorised “to take all necessary measures to enforce compliance”
UNSC ineffective evidence (VETO + guardian)
2021 Russia has vetoed 16 referrals of the Syrian regime to the ICC, despite all other 13 members backing the measure
Guardian in September 2015 titled “Vetoed! What’s wrong with the UNSC” which undermines the success of the organisation in achieving any effective response to the conflict as they are “paralysed by disagreement and vetoes”.
ICC effective evidence (14 years rome statue)
conviction of Thomas Lubanga Dyilo to 14 years gaol after he breached article 8(2)(b)(xxvi) of the Rome Statute.
ICC ineffective evidence (africa + america biased)
African Union discouraged member nations from cooperating with the ICC as all eight of their investigations were in Africa, leaving them feeling attacked.
This is drastically contrasted to the United State’s authority over the ICC, where the ICC felt so threatened by the US they disapproved an investigation into Afghanistan in an April 2019 decision
ICJ effective evidence (kofi: both governments…)
UN Secretary-General Kofi Annan stated “both governments are respecting and implementing the judgement of the Court’’
ICJ ineffective evidence (2.7, guardian)
when state sovereignty under Article 2.7 of the UN charter is utilised. The ineffectiveness of the ICJ is emphasised through a Guardian published in 2008 titled “One wall, two different views”
ICJ futile towards WO
political negotiation effective evidence (islands __ movement and guaranteed…)
The capacity for conducive communication to result in an autonomous future for the islands secessionist movement and the guaranteed referendum on Independence in 2019
peace talks and eventual agreement took a considerable length of time it was ultimately constructive and indicative of the potential for negotiation to facilitate progress and foster amicable relations.
political negotiation ineffective evidence (Ban Ki-Moon + displaced…)
UN Secretary-General, Ban Ki-Moon who stated the convention “was a mission of hope”
and the futile outcome “is unforgivable”
considering the millions of displaced civilians and an estimated 600,000 casualties over eleven years of conflict.
ICTR intro
combating impunity and punishing non - compliance
the ICTR proves to be imperative to the international judicial systems pursuit of world order.
Following the state-sanctioned persecution of the Tutsi ethnic minority in Rwanda
UNSC established the ICTR in 1994 to promote peace and national reconciliation post-genocide.
UNSC intro
part of the international judicial system
the UNSC achieves justice to a limited extent despite having the legal capacity to resolve conflict.
Under Chapter VII of the UN Charter (1945) the UNSC has legal capacity to overrule a nation’s state sovereignty
create peaceful settlements of disputes.
ICC intro
created through the Rome Statute (2002)
profoundly effective
inconsistency in delivering punishments
ICJ intro
part of the international judicial system the ICJ
indispensable role in encouraging cooperation
resolves conflict between nation-states,
extent of its effectiveness is limited when states are non-compliant and apply state sovereignty powers.
The ICJ was incorporated into the United Nations Charter (1945) as the principal organ that hears matters in order to resolve world order issues.
world order definition
The balance of power among the nation states,
which must be actively pursued by all nation states alike to ensure the preservation of peace and stability in the international community
world order objective
To promote peace, stability and security in the world through the establishment of a system of international law and ethics
