International Law & Organizations Final

Purpose of the United Nations

→ Maintaining international peace and security

→ Developing friendly international relations among world nations

→ Solving international problems of any nature

The UN was first negotiated among delegations from the Allied Big 4 (Soviet Union, UK, US, and China) at the Conference in 1944.

The UN founding Conference held in San Francisco on April 25th, 1945 attended by 50 governments and a number of non governmental organizations.

UN Core Structure: General Assembly

Main deliberative body where all 193 member states discuss global issues.

→ The General Assembly occupies a central position as the chief policymaking and representative organ of the UN.

→ Each country only has 1 vote.

→ Brings up international issues that they want the Security Council to address.

→ Holds election for Security Council members and other leaders.

→ The Assembly adopts its own rules of procedure and elects its President for each session.

UN Core Structure: Security Council

Responsible for international peace and security; can impose sanctions and authorize action.

→ UN’s most powerful organ

→ Deals with threats to international peace and security

• Establishes peace keeping missions

• Responds to crises around the world

→ Has 15 members, 5 of which are permanent

• US, China, Russia, UK, and France

→ Permanent members have veto power when the Council decides on important issues

• Council alone has the power to take decisions which Member states must implement

UN Core Structure: Secretariat 

UN’s administrative arm, led by Secretary-General, handling daily operations.

→ Includes the Secretary General and Secretariat staff

→ Primarily has administrative function

→ The Secretary General holds office for 5 years per term

UN Core Structure: International Court of Justice (ICJ)

 Principal judicial organ, settling legal disputes and offering advisory opinions.

→ Principal Judicial Organ of the UN

→ Adjudicates disputes between states

→ Consists of 15 judges elected by the General Assembly & Security Council

→ Applies international law

→ Not bound by any precedents

→ No appeals can be made by parties to its judgement

UN Core Structure: Economic & Social Council

Coordinates economic, social, and related work of the UN and its agencies.

→ Serves as the central body for coordinating the economic and social work of the UN, fostering international cooperation.

→ Composed of 54 members, ensuring equitable geographical representation from across the globe.

→ Coordinates numerous specialized agencies established by the General Assembly to address specific global needs.

UN Core Structure: Trusteeship Council

Oversaw transition of trust territories to independence, now largely inactive.

Specialized Agencies of the UN

UN specialized agencies are autonomous international organizations linked to the UN by formal agreements. They operate independently with their own constitution, governance, budget, and membership.

→ Special Expertise ~ bringing technical knowledge and focused attention to global challenges

→ Coordinated International Action ~ enable multilateral cooperation on issues that transcend borders

→ Universal Participation ~foster cooperation among 193 member states and beyond

→ Shared Mission ~ promoting international peace, sustainable development, and human dignity worldwide

→ Food & Agriculture Organization (FAO)

→ World Health Organization (WHO)

→ International Labor Organization (ILO)

→ World Bank

→ International Monetary Fund (IMF)

→ International Maritime Organization (IMO)

→ UN Educational, Scientific and Cultural Organization (UNESCO)

→ International Civil Aviation Organization (ICAO)

Reform Proposals: G4

Different groups have different ideas of how the reform the SC.

The G4 proposal

The Group of Four (G4) is composed of Brazil, Germany, India and Japan.

It called for new national permanent seats, which would be assigned by choosing among the economically

strongest and most influential countries of the international community.

G4 and African Union Proposals

G4 Members' Position

The G4 members put themselves forth as the main candidates

for these seats together with an unspecified African country.

African Union Variation

The African Union variation of a "real reform":

The African reform proposal includes an expansion in both permanent and nonpermanent to 26, reserving two

permanent seats and five non permanent ones for African countries.

The UfC Proposal

Uniting for Consensus

The Uniting for Consensus is a group of approximately 40

States, whose leaders include Italy, Pakistan, South Korea and Colombia.

Key Proposal

The enlargement of the number of non-permanent members from ten to twenty.

Genocide

Intent to Destroy

Five Prohibited Acts

→ Killing members of the group

→ Causing serious bodily or mental harm 

→ Inflicting conditions to destroy the group

→ Preventing births within the group

→ Forcibly transferring children

Protected Groups: National, ethnical, racial, or religious groups only

Distinctive Feature: dolus specialis → specific intent to destroy a group 

War Crimes

International Armed Conflicts 

→ Extensive list including environmental damage, attacks on civilians, and grave breaches of Geneva Conventions.

Non-International Conflicts

→ More modest enumeration, but incrementally converging through Rome Statute amendments

Crimes Against Humanity

Contextual Element → Must be part of widespread or systematic attack against civilian population, with knowledge of the attack.

State or Organizational Policy → Attack must be pursuant to or in furtherance of such policy ~ not isolated incidents.

Peacetime Application → Unlike war crimes, crimes against humanity apply equally in wartime and peacetime.

Crimes of Aggression

Definition: Planning, preparation, initiation, or execution of an act of aggression that manifestly violates the UN Charter. Covers use of armed force by a state against another state’s sovereignty, territorial integrity, or political independence.

Special Requirement: Perpetrator must be in position to effectively exercise control over or direct the political or military action of a state. Targets leadership, not ordinary soldiers.

Nuremberg Trials

Nuremberg Trials (1945-1946) → 24 Nazi officials prosecuted for crimes against peace, war crimes, and crimes against humanity. Established individual responsibility principle.

The International Military Tribunal prosecuted major war criminals from 1945-1946. Of 24 defendants, 12 recieved death sentences, with the rest imprisoned. 

→ Retroactive criminalization 

→ “Victor’s Justice” concerns

→ Unequal standards

International Criminal Court (ICC)

The ICC, or International Criminal Court, is the world's first permanent international criminal court, established by the Rome Statute to prosecute individuals for the gravest crimes: genocide, war crimes, crimes against humanity, and aggression, acting as a court of last resort when national systems fail.

Presidency → Oversees judicial chambers, liaises with states, concludes cooperation agreements.

Chambers → Pre-Trial, Trial, and Appeals Chambers handle different proceeding stages.

Registry → Provides administrative and operational support for fair, impartial trials.

Office of Prosecutor → Independent investigating authority, initiates investigations and prosecutions.

Subject Matter → Genocide, crimes against humanity, war crimes, and aggression - “ most serious crimes of international concern”.

Personal Jurisdiction → Natural persons above 18 years old. No immunity for official capacity before the court.

Territorial/Nationality → Crime committed on State party territory or by State party national. 

Temporal Limits → Prospective jurisdiction only crimes committed after July 1st, 2002, when Statute entered force

The International Criminal Court

123 State Parties → Countries accepting ICC jurisdiction

1998 Rome Statute Adopted → Creating first permanent tribunal

2002 Court Operational → Statute entered into force

Triggering ICC Jurisdiction

State Party Referral → Any state party can refer situations to the prosecutor for investigation.

Security Council Referral → UNSC acting under Chapter VII can refer situations, even in non-state parties.

Prosecutor Initiative → Prosecutor can initiate proprio motu investigations with Pre-Trial Chamber approval.

Controversy → Security Council referrals allow permanent members to exempt their own nationals while referring others - raising legitimacy concerns.

Challenges Facing the ICC

Enforcement Limitations → No independent police force. Relies entirely on State cooperation for arrests, evidence collection, and detention.

Political Pushback → Withdrawals from Burundi, South Africa, Gambia, and Philippines. US sanctions against ICC officials investigating Afghanistan.

Arrest Warrant Compliance → Only 20 of 36 arrest warrants enforced. High profile  failures include Omar al-Bashir case.

Geographic Imbalance → Disproportionate focus on African situations sparked accusations of neo-colonialism.

What are International Crimes?

Harm transcends state interest, requiring international community response and repression.

What are Human Rights?

Inherent → born with humans

Inalienable → cannot be taken away

Universal → all humans poses them

Egalitarian → everyone has equal rights

UN & Human Rights

Establishment → founded in 1945 after World War II to promote international  cooperation and prevent future conflicts.

Core Mission → maintaining international peace & security, promoting human rights and developing friendly relationships between states. 

Key Role in Human Rights → setting international human rights standards and monitors their implementation through various mechanisms and treaties.

Developments with Human Rights

Early Developments of Human Rights

Judeo-Christian Ten Commandments → Early moral norms.

Magna Carta (1215) → Limited power of the king.

Hobbes' Leviathan (1651) → Natural state of freedom.

Locke's Two Treatises (1660) → Individual political rights.

The American & French Revolutions

American Revolution (1776) → Established popular sovereignty and constitutional rights.

French Revolution (1789) → Universalized American claims, advocating for rights beyond national borders.

Impact on Human Rights → Inspired movements for democracy and human rights worldwide.

Key Philosophers Ideas of Locke, Rousseau, and Montesquieu influenced revolutionary thought.

→ Haitian Revolution (1791): Led to the abolition of slavery in Haiti, the second republic in the Americas.

→ Anti Slavery Movement (1800s): Gained momentum, advocating for the end of slavery and the slave trade globally. 

→ League of Nations (post WWI): Established to foster international cooperation and prevent future wars though limited in success. 

→ World War II (1939-1945): The atrocities committed during World War II, including the Holocaust, led to a renewed commitment to human rights and the establishment of the United Nations.

Relativism 

The perspective that human rights are culturally relative and that their interpretation and application should take into account specific cultural, social, and historical context. Relativists argue that there is no single universal standard of human rights and that different cultures may have different values and priorities

Universalism

The belief that human rights are universal and apply to all individuals, regardless of their culture, religion, or nationality. Universalists argue that certain rights are inherent to all human beings and should be protected everywhere.

Natural Law

A philosophical concept asserting that certain rights are inherent by virtue of human nature and can be understood universally through reason. These rights are not dependent on human-made laws or customs.

Natural Rights

Rights that individuals possess as a result of natural law, including the rights to life, liberty, and property. These rights are considered fundamental and cannot be legitimately taken away by governments or other authorities. 

International Covenant on Civil and Political Rights

ICCPR (1966) → Guarantees fundamental freedoms and rights, including the right to life, freedom of speech, and the right to fair and impartial trial.

International Covenant on Economic, Social and Cultural Rights

ICESCR (1966) → Focuses  on rights related to labor, education, and an adequate standard of living, promoting well-being and social justice.

The Expansion of Human Rights

1. Right to be Forgotten → privacy, past indiscretions

2. International Rights → obligations to future generations

3. LGBTQ+ Rights → Same sex partnership, gender identity

4. Right to Clean Water → access to safe, clean water

5. DNA Rights → privacy, potential for abuse

Typology of Rights Development 

Typology of Rights Development (Karel Vasak “Generations” model)

 

Generation (K.Vasak)	1st Generation	2nd Generation	3rd Generation
Time Period	18th Century	19th Century	20th Century
Type of Rights	Civil/Political	Social/Economic	Cultural
Examples	Speech, religion, vote,  due process, individual pursuit of “happiness” (property)	Food, clothing, shelter, education, wages, medical care, social security	Nat. Self Determination, sustainability, development, environmental rights, indigenous rights
Historical Developments	American, French, Haitian Revolutions	Communist International, Russian and Mexican revolutions	Decolonization, non-aligned movement, Environmental movement
Important Figures	J. Locke, A.Smith, T. Jefferson	K. Marx	F. Fanon and M. Gandhi
French Revolutionary Slogan	“Liberty”	“Equality”	“Fraternity” (Solidarity)

Universal Declaration of Human Rights

First Universal Standard → set out fundamental human rights to be universally protected for the first time in history.

Global Reach → translated into over 500 languages, making it accessible worldwide.

Lasting Impact → inspired adoption of more than 70 human rights treaties applied globally and regionally.

Universal Declaration → foundation document establishing fundamental rights (1948).

ICESCR → economic, cultural and social rights (1976).

ICCPR → civil and political rights protection (1976).

• Universal Declaration of Human Rights adopted, setting the foundation (1948)

• Failed attempt to produce 1 binding Covenant (1948-1952)

• ICCPR adopted by UN General Assembly and opened for signature (1966)

• ICCPR enters into force with 35 requisite ratifications (1976)

Human Rights Preamble

Inherent Dignity → recognition of the inherent dignity and equal, inalienable rights of all members of the human family as the foundation of freedom, justice and peace.

Rights from Dignity → these rights derive from the inherent dignity of the human person.

Freedom from Fear → the ideal of free human beings enjoying civil and political freedom and freedom from fear and want.

State Obligations → states must promote universal respect for and observance of human rights and freedoms under the UN Charter.

Refugees

A person who has fled armed conflict or persecution and is recognized as needing international protection.

Migrant/Immigrant

People who move from one place to another to live in another country for more than a year.

Internally Displaced Person

People forced to flee their homes but remain within their country’s borders.

1951 Refugee Convention

Non-Refoulement -> Embodies the principle that refugees cannot return to danger.

Minimum Standards -> Sets minimum standards for the treatment of refugees.

No Penalization -> Precludes penalization for illegal entry when fleeing persecution.

Documentation -> Provisions on issuance of ID and travel documents.

State Cooperation -> Requires state to cooperate with UNHCR.

Basic Rights of Refugees

Legal Obligations -> General obligation to conform to the law of the host country.

Non-Discrimination -> Equal treatment regardless of race, religion, or country of origin.

Access to Courts -> Right to access legal systems and seek justice.

Right to Work -> Ability to engage in gainful employment.

Essential Services -> Access to housing, education, welfare assistance and social security. 

Freedom of Movement -> Right to move freely within the host country.

Documentation -> Provision of ID documents and travel documents.

Naturalization -> Pathway to citizenship in the host country.

Principle of Non Refoulement

Prohibits the states from returning individuals back to their country of origin.

→ If individual has genuine proven fear of persecution, torture, or other serious harm.

→ Applies regardless of legal status

Role & Mandate of UN High Commissioner for Refugees

The Guardian -> Established in 1950, to lead and coordinate international action for the worldwide protection of refugees and the resolution of refugee problems.

UNHCR Mandate

• Safeguard Rights -> Protect and right to seek asylum and find refuge.

• Durable Solutions -> Voluntary return, local integration, or resettlement to a 3rd country.

• Support Returnees -> Interventions for former refugees who have returned to their homeland.

Migrant Worker & Their Protections

A person who is to be engaged, is engaged, or has been engaged in a remunerated activity in a States of which he or she is not a national. 

Scope of Protection

-> Rights before departure

-> Rights in transit

-> Rights in country of employment

Core Principle: The basic protection of migrant workers is non-discrimination.