General

What is considered the starting point of international law

Treaty of Westphalia 1648

What is the principle of reciprocity

means threat states following international agreements based on pragmatic mutual interests, not moral considerations  

What did the principle of Westphalian sovereignty mean

It meant that traditionally HRs were seen as relative determined by the government of each NSs 

Philosopher George Santayana - quote on the need to remember the past

“Those who cannot remember the past are condemned to repeat it”

Role of NGOs in highlighting HR abuses

• Organisations like Amnesty international, HR watch and save the children play crucial roles 

• Digital and social media: they leverage the internet for instantaneous coverage of humanitarian crises, increasing pressure on the international community to address abuses  

• HR Watch reports: publishes annual World report documenting HR records of NSs, with a notable focus in 2020 on China’s disregard for HR  

• Advocacy and Accountability: In 2021 HRW called for investigations into the storming of Congress by pro-Trump supporters and critics we the differing police responses to BLM protests, highlighting the need for accountability  

What is the purpose of the ICJ?

Settles legal disputes between states and provides advisory opinions to UN bodies.

How many judges sit on the ICJ?

15 judges representing major legal systems and civilisations.

What does Article 94 of the UN Charter state?

UN members should comply with ICJ decisions in cases to which they are a party.

How can ICJ rulings theoretically be enforced?

Through referral to the UNSC.

Why is diverse representation a strength of the ICJ?

Judges are elected from different regions and legal traditions.

Why is judicial independence a strength of the ICJ?

Judges serve 9-year terms and cannot be dismissed.

Why is universal jurisdiction a strength of the ICJ?

Any UN member state can bring a case.

Why are binding judgements a strength of the ICJ?

States involved are legally bound by rulings.

How does the ICJ contribute to peace and security?

Resolves disputes peacefully rather than through war.

Why is precedent a strength of the ICJ?

Decisions influence international law and future courts.

Why do liberals support the ICJ?

Encourages a rules-based international order.

What gives the ICJ significant influence?

Its moral authority.

What happened in the USS Vincennes case (1988)?

US warship shot down an Iranian airliner killing 290 people.

What was the outcome of the USS Vincennes dispute?

US expressed deep regret and paid $61 million compensation.

Which border dispute did the ICJ settle in 1992?

El Salvador and Honduras.

Which territorial dispute did the ICJ settle in 2002?

Nigeria and Cameroon over an oil-rich peninsula.

What happened to the Chagos Islands in 1965?

: UK separated them from Mauritius and removed inhabitants.

What happened in 2017 regarding the Chagos Islands?

UNGA asked ICJ for an advisory opinion.

What was the ICJ's 2019 ruling on Chagos?

UK should end its administration.

What happened in 2024 regarding Chagos?

UK agreed to transfer sovereignty to Mauritius while leasing the islands for 99 years.

Why do realists criticise the ICJ?

States prioritise national interest and sovereignty.

How many UN members are bound by compulsory ICJ jurisdiction?

Only 73.

Why is ICJ authority limited?

States choose whether to accept jurisdiction.

Why is UNSC enforcement weak?

P5 veto powers make enforcement unlikely.

What happened in the Iran Hostage Crisis case (1979)?

Iran refused to recognise ICJ jurisdiction.

What did the USA do in 1984 after the Nicaragua ruling?

Withdrew from compulsory ICJ jurisdiction.

How did Israel respond to the 2004 ICJ ruling on the West Bank barrier?

Rejected the advisory opinion.

What happened in Iran v USA (2018)?

ICJ criticised US sanctions but Trump ignored the ruling.

What happened in the Rohingya case (2020)?

ICJ ordered Myanmar to prevent genocide.

How did Myanmar respond to the ICJ ruling?

Rejected outside interference.

What major current ICJ case involves South Africa?

South Africa's genocide case against Israel.

Why were UN special tribunals established?

To prosecute genocide, war crimes and crimes against humanity.

Which conflicts led to the creation of tribunals in the 1990s?

Rwanda, Sierra Leone and Former Yugoslavia.

What were the aims of special tribunals?

Punishment, justice, precedent, factual truth and deterrence.

Why is establishing a factual narrative important?

Prevents denial and conspiracy theories.

When was the ICTY established?

1993.

What was the ICTY's goal?

Shift from impunity to accountability.

How many war criminals had the ICTY convicted by 2017?

90

Which two major figures were convicted by the ICTY?

Radovan Karadzic and Ratko Mladic.

What was Karadzic convicted for?

Srebrenica Massacre.

Why was the ICTY historically significant?

First international war crimes court since Nuremberg.

Who was Slobodan Milosevic?

Serbian President (1989-2000).

What was Milosevic accused of in Kosovo?

Ethnic cleansing.

Why was Milosevic's trial historically significant?

First former head of state tried internationally.

How many Tutsis were killed in the Rwandan Genocide?

Approximately 800,000.

What legal precedent did the Rwanda tribunal establish regarding rape?

Rape can constitute genocide/ war crime

What media precedent was established by the Rwanda tribunal?

Media can be held responsible for encouraging genocide.

When was the Cambodia tribunal established?

1997.

How many deaths were attributed to the Khmer Rouge?

Around 2 million.

How many life sentences did the Cambodia tribunal issue?

Three.

Which Khmer Rouge leaders received life sentences?

Nuon Chea, Kaing Guek Eav and Khieu Samphan.

How did the tribunal help Cambodian society?

Educated young people and promoted closure.

When was the Sierra Leone Special Court established?

2002

Which leader was convicted by the Sierra Leone tribunal?

Charles Taylor

What crimes was Charles Taylor convicted of?

Supporting groups responsible for war crimes and child soldiers.

Why was Charles Taylor's conviction significant?

First head of state convicted of war crimes.

What is 'Victor's Justice'?

Winners punish losers while ignoring their own crimes.

Why were Nuremberg and Tokyo accused of Victor's Justice?

Allied actions such as Hiroshima, Nagasaki, Dresden and Hamburg were not prosecuted.

How did Mary Robinson criticise NATO in 1999?

Claimed bombing Serbia may have constituted war crimes.

What did Amnesty International and Human Rights Watch criticise NATO for?

Bombing Serbian TV headquarters and killing civilians.

Why was the Rwanda tribunal criticised?

Only Hutus prosecuted, not Tutsi crimes.

Why was the Sierra Leone tribunal criticised?

Reinforced neo-colonial assumptions about African justice.

Why was Saddam Hussein's trial controversial?

Tried in Iraq rather than internationally.

Why did critics oppose Saddam's domestic trial?

Allowed the death penalty and bypassed international justice

Why are tribunals accused of inconsistency?

Powerful states influence when tribunals are established.

What happened regarding MH17 in 2015?

Russia vetoed a UN tribunal.

How did Samantha Power respond to Russia's veto?

Accused Russia of disregarding grieving nations.

What are the aims of the ICC?

Accountability, deterrence, justice for victims and development of international law.

Why is the ICC stronger than the ICJ in some respects?

Prosecutor can initiate investigations.

What crimes can the ICC prosecute?

Genocide, crimes against humanity, war crimes and aggression.

: What is complementarity?

ICC acts only when national courts are unwilling or unable.

How many states recognise the ICC?

123

What did the ICC arrest warrants allege against Netanyahu and Gallant (2024)?

Starvation as warfare and crimes against humanity.

What crimes was Mohammed Deif accused of by the ICC?

Murder, extermination, torture and rape.

Who became the first ICC convict in 2012?

Thomas Lubanga.

What was Lubanga convicted for by the ICC?

Recruiting child soldiers.

Who was convicted in 2014 by the ICC?

Germain Katanga.

Who was convicted in 2016 for cultural destruction by the ICC?

Ahmad al-Mahdi.

What happened regarding Omar al-Bashir in 2020 in relation to the ICC?

Sudan agreed he should face ICC charges.

How has the ICC expanded beyond Africa?

Investigations into Afghanistan and Gaza/West Bank.

Why do realists criticise the ICC?

Sovereignty and national interest undermine it.

Which major powers do not recognise ICC jurisdiction?

USA, China, Russia and India.

What are Bilateral Immunity Agreements (BIAs)?

Agreements preventing states handing US citizens to the ICC.

Why is ICC jurisdiction limited?

Around 70% of the world's population lives outside its jurisdiction.

What happened in the Kenyatta case?

Charges dropped due to lack of cooperation.

How did Kenyatta describe the ICC?

Blatantly biased" and a "toy of declining imperialist powers."

Why is the ICC accused of bias?

Early convictions focused entirely on Africans.

Which organisation urged states not to cooperate with the ICC?

African Union.

Which African state withdrew from the ICC in 2017?

Burundi.

When was the Council of Europe established?

1949

When was the ECHR drafted?

1950

When was the ECtHR established?

1959

Where is the ECtHR located?

Strasbourg.

How many judges sit on the ECtHR?

46, one from each member state

What happened to Russia's membership in 2022?

Suspended following the invasion of Ukraine.