World Order - Responses Flashcards
what is the UN as a response to world order
The UN is the chief IGO and contributes to world order through its high activity and large size.
how does the UNSC impact world order
The UNSC consists of 15 members, 10 on a 5 year rotational basis and 5 permanent members
The UNSC has the power to authorise peacekeeping operations or sanctions when there is a threat to world order or security
The P5 veto powers limit the effectiveness of the UNSC in assisting world order as they can veto any decisions
“too idealist” as opposed to “realist” (euro news 2018)
eg.
- Russia only agreed to resolution #2166 when the terms of the resolution were altered from the “shooting down” of the Malaysian airlines flight 17 to the “downing”
- China and Russia blocked the referral of the Syrian president in 2014
how does the UNGA impact world order
UNGA = forum for international discussion - consists of 193 members with equal voting power - which can influence UNSC decisions as seen through their condemning of the SC for lack of action over Syria
define state sovereignty
state sovereignty refers to the principle which grants states the autonomy to govern independently
pros of state sovereignty
allows nations to enter into treaties and agreements eg. Geneva conventions 1949 with 196 signatories
“quality attributed to states by other states and therefore, the notion itself exemplifies global political goodwill” oxford uni 1995
cons of state sovereignty
states can commit gross breaches of IHL as under the principle, there is no higher authority than the nation state meaning that no state can interfere in the domestic matters of another
eg. 1994 rwandan massacre where the “world watched and did nothing” (CNN media) as 800,000 people were killed over 100 days
states can also opt out or unsign treaties that assist world order eg. north korea unsigning the NPT in 2003
what are the cons of the UN in regards to world order
UNSC veto ability
Consensual nature of the ICJ
what is the ICC
The international criminal court is an permanent international court that prosecutes against the 4 mass atrocities (war crimes, crimes of aggression, genocide, crimes against humanity)
- CHARGES INDIVIDUALS
cons of the icc in regards to world order
lacks enforceability due to its dependency of the collaboration of nation states
eg. despite the multiple charges against putin, he hasn’t been arrested nor shown up to court
60 arrest warrants but only 21 people have been detained, leaving 31 people at large
“icc, 12 yrs, $1 billion, 2 convictions’ (forbes magazine)
pros of the icc in regards to world order
the existence of the court itself aimed at “ending impunity” (ICC 2024)
32 cases heard before the court with judges issuing 11 convictions and 4 acquittals including the notable case of Thomas Lubanga who was sentenced to 14 years in 2014 for the enlistment of child soldiers
“slow” and “bureacratic” (haris humayun)
what is the ICTY
international criminal tribunal for the former yugoslavia
- ah hoc tribunal set up in response to the crimes committed in the territory of the former yugoslavia since 1991
pros of the ICTY
- contributed to international jurisprudence - ruled sexual enslavement as a crime of aggression - simic decision (red cross workers)
- helped the establishment of the ICC
- issued 90 convictions
- first war crimes court established by the UN
- first time intra state conflict was explicitly referred to and established war rape as a crime
- indicted heads of states, prime ministers, army chiefs of staff and govt leaders
- applied the modern doctrine of criminal responsibility of superiors
- contributed to procedural law - protective measures for victims and the confidentiality and disclosure of infro relevant for the national security of states
cons of the ICTY
- slow, costly and expensive - budget of $179 million for 2014 alone
- court was already established but failed to prevent the srebenica massacre of 1995 where 800 bosnian men and children were killed in 5 days
role of Australia’s federal govt in responding to world order issues
how does SS impede and assist world order
“SS is a double edged sword” (standford uni students)
allows nations to join treaties and agreements
however nations can also leave treaties and agreements
“SS is a license to kill” (gareth evans)
what is the NPT
treaty on the non proliferation of nuclear weapons - supported and endorsed by the UN in 1968
- treaty that aims to uphold world order law through the disarmament of nuclear states
how does the NPT assist world order
- initial effectiveness can be seen in the disarmament of south africa
how does the NPT NOT assist world order
countries can opt out (india, israel) or unsign and leave the treaty eg. north korean in 2003
how do non legal responses resolve conflict and assist with working towards world order
examples of NGOs that assist world order
when was SS developed (including legislation) and why
SS was developed at the 1648 treaty of westphalia and later enshrined in the 1945 UN charter article 2.7
- it recognises that all countries have supreme power over its people and rights to make the laws for the territory it governs
when was the UN formed (legislation) and why
the UN was formed following the atrocities of world war 2 to ensure a situation like the holocaust didn’t occur again
- formed by the 1945 UN charter
when was the ICC formed and why (legislation)
the ICC was formed in 2002 under the 1998 rome statute to prosecute against the 4 mass atrocities (because people said it was stupid to keep making war tribunals) - crimes against humanity, crimes of agression, genocide and war crimes
when was the ICTY formed and why (legislation)
the ICTY was formed in 1993 through UN resolution 827 to prosecute “those most responsible for serious breached of IHL in the territory of the former yugoslavia since 1991” (OHCHR, UN)
what is political negotiation
how does political negotiation assist/impact world order
what is persuasion
how does persuasion assist/impact world order
what is the use of force
how does the ICJ influence world order
The ICJ is the judicial organ of the UN and can hear cases between UNGA members eg of success. honduras vs. el salvador where a 100 year border dispute was resolved after the courts ruling
- on a basis of consent –> this means both members of the dispute must agree to have the ICJ produce a binding ruling - limits the effectiveness
eg. china refused to let the ICJ resolve the south china sea dispute with the Phillipines
as a response to Africa’s 2024 request regarding israel, the ICJ only called on them to prevent “public incitement to commit genocide,” and for their military to ensure with “immediate effectiveness” to stop genocidal acts, however, israel and still legally allowed to war
who can authorise the use of force
