Test #3 Review International Law and Dispute Resolution

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38 Terms

1

Foreign policy

Actions incited by one nation in determining their diplomatic dealings with other countries

Countries showing off who they are with their actions (ex. resume)

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2

United Nations

largest intergovernmental organization in the world

purposes are to…

  • maintain international peace and security

  • develop friendly relations among nations

  • achieve international cooperation while promoting human rights & freedoms

  • serve as a centre for harmonising the actions of nations

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3

Universal Declaration of Human Rights 1948

international document by the United Nations General Assembly

outlines the rights and freedoms of all human beings

doesn’t force anyone to follow

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4

State

A country or nation considered an organized political community under one government…

  1. elected gov

  2. set boundaries

  3. population

  4. power with other states

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5

Jurisdiction

The power or authority to do something, such as make laws

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6

Non-governmental organization (NGO)

Organizations set up by individuals or groups that advocate for social justice and act as an intermediary between state- dominated international legal systems and individuals.

NGOs work to influence government policies at national and international levels

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7

Intergovernmental Organizations (IGO)

states working together to serve a particular purpose

Established by treaty/agreement or region

to achieve economic prosperity, promote legal interests, improve development

(UN or World trade organization)

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8

Bilateral agreement/treaty

A treaty agreement made between two countries

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9

Multilateral treaty

A treaty agreement made between three or more countries

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10

International law

A set of rules and customs that govern the relationships between countries, known as states and how they interact w each other

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11

Domestic law

The internal or national laws and legal system of a country, including laws made at the state, provincial, regional or local level. Domestic law is also referred to as “national law.”

Laws only apply within that country’s boundaries

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12

Genocide

The mass killing of human beings, especially a targeted group, such as people of a particular ethnicity, race, religion or nationality

“is characterized by the specific intent to destroy in whole or in part a national, ethnic, racial, or religious group by killing its members by other means.”

Ex indigenous in canada, holocaust

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13

Crimes of Aggression

It is the use of armed force by a state against the sovereignty, integrity, or independence of another state

Ex russia vs ukraine (attacking ukraine bc dont want them to make political decision to join NATO)

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14

Crimes against humanity

A legal term defined in the Rome Statute76 as widespread or systematic offences that constitute a serious attack on human dignity or grave humiliation or degradation of one or more human beings

“which are serious violations committed as a part of a large-scale attack against any civilian population”

rape, murder, torture

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15

War Crimes

​​“which are grave breaches of the Geneva conventions in the context of armed conflict and include, for instance, the use of child soldiers; the killing or torture of persons such as civilians or prisoners of war; intentionally directing attacks against hospitals, historic monuments, or buildings dedicated to religion, education, art, science or charitable purposes.”

Ex: Isis in syria (except child soldiers)

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16

League of Nations

Goals:

  • Improve international organization, to preserve and prevent another war from occurring

  • Created an outline for international diplomacy

  • States maintain international diplomatic representation and followed a scale for escalating responses for conflict

Failed:

  • **Mainly bc WWII occurred

  • America was the strongest power after and didn’t support

  • lacked political will to enforce sanctions

  • no unamity to enforce serious decisions

  • no collective military force

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17

Organ of UN 1:

General Assembly

2/3ds required for important decisions

GA hall in New York

Compromises of all ember states

Debate issues of global concern

Can not make legally binding decisions

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18

Organ of UN 2:

Trusteeship Council

Supervision for 11 trust territories

discuss matters related to the territories that have not yet reached a final status

established to oversee the administration of trust territories placed under the UN's care after WWII (which are now independant)

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19

Organ of UN 3:

Social and Economic Council

54 member states elected by the General Assembly

three-year terms

promoting economic and social, environmental issues (sustainability)

Sustainable innovative development

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20

Organ of UN 4:

Secretariat

Secretary general (appointed by general assembly) + thousands of int UN staff (working worldwide missions & duties)

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21

Organ of UN 5:

Security Council

Power to declare/approve war

5 permanent members 10 temporary members

settle disputes peacefully

recommend settlement terms

cases can resort to sanctions or force to restore int peace

presidency changes monthly

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22

Organ of UN 6:

International Court of Justice

  • aka world court

  • main judicial organ of the UN

  • Peace Palace in Hague, Netherlands

  • IS Part of UN

  • 2 main jobs:

    • settle legal disputes submitted to it by states that have agreed to jurisdiction

    • provide advisory opinions on legal questions referred to it by international agencies (just advice)

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23

International Criminal Court

  • Investigates and, where warranted, tries individuals charges with the gravest crimes of concern to the international community: genocide, war crimes, crimes against humanity, and the crime of aggression

  • Not part of UN

  • Countries independently join ICC (so must be crimes committed by state that accepted ICC as a body)

  • Doesn’t replace national court - only when they’re not willing or doing fairly

  • Punish: genocide, crime against humanity, war crimes, aggression

*US, Russia, China not agree to courts jurisdiction

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24

Sanctions

a penalty for violation of the law or offering a reward for its observance

A punitive act taken by one nation against another nation that has violated a treaty

Can be towards an entire country or individuals/groups

Attempt to change an actor’s behaviour OR to put a stop to their actions

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25

Mediation

Method of settling disputes outside court

provide confidential, faster, cheaper option than going to court

Involves both sides meeting with each other accompanied by an independent judge, who helps resolve an issue peacefully

(Greece and Turkey ie. Cyprus, Aegean Sea)

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26

Motions of censure

formal and public condemnation of an individual's transgressions

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27

War and Armed Conflict

Use of violence to achieve legal or political ends.

(India/ Pakistan war over Kashmir)

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28

Embargos

A trade restriction, typically adopted by a government, a group of countries or an international organisation as an economic sanction

by a government/group of countries/international organisation

Ex. UN punishing South Africa for its policies of apartheid (racial segregation), the UN GA did an oil-embargo against South Africa on November 20, 1987 (had the support of 130 countries)

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29

Darfur

genocide against Darfur’s men, women, children who were raped, murdered, and tortured

2.2 million out of 6 million residence were affected bc of violence

Targeted the non-Arab mostly black population of Darfur

Heavy rain and insecurity has interfered with humanitarian assistance

UN World Food Program provided food to nearly 940,000 people in Darfur

US imposed sanctions

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30

Sudan

Gov funded rebel groups to commit genocide on Darfur black civilians

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31

Kony 2012

Film of the attempt to make Ugandan cult leader, war criminal, and ICC fugitive Joseph Kony globally known to have him arrested by the end of 2012

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32

Arbitration

Agreeance by both parties to leave decisions in the hands of independent body (ICJ)

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33

Romeo Dallaire

appointed Force Commander of the United Nations Assistance Mission in Rwanda prior to and during the 1994 genocide

advocate for human rights: war-affected children, women, Canadian First Nations, and military veterans

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34

Rwanda

  • The UN was slow to react and was a huge lack of organisational will to fully intervene

  • From April through June 1994, the U.N. estimates that 800,000 Rwandans were brutally slaughtered by fellow citizens in a state-led genocide targeting the Tutsi ethnic group.

  • About 75% of the Tutsi population was killed

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35

Tutsi/ Hutus

  • Genocide Against the Tutsi in Rwanda

  • Hutu ethnic majority in the east-central African nation of Rwanda

  • they murdered as many as 800,000 Tutsi minority (75%)

  • By the time the UN force arrived in full the genocide had been over for months

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36

Geneva Convention

regulates the conduct of armed conflict and seeks to limit its effects

series of treaties on the treatment of civilians, prisoners of war and soldiers that don’t fight anymore

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37

Rome Statute

First international criminal law instrument that recognises forms of sexual violence, such as rape, sexual slavery, enforced prostitution, and enforced sterilization, as distinct war crimes

the duty of every State to exercise its criminal jurisdiction over those responsible for international crimes.

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38

4 UN main purposes

  1. to maintain international peace and security

  2. to develop friendly relations among nations based on respect for the principle of equal rights and self-determination of peoples

  3. to cooperate in solving international economic, social, cultural and humanitarian problems and in promoting respect for human rights and fundamental freedoms

  4. to be a centre for harmonising the actions of nations in attaining these common ends

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