ISCOR 200 Exam #2

Justice Cascade

• A global shift from impunity to accountability — where state leaders can now be prosecuted for human rights violations.

• Models:

  • Impunity Model: Leaders and militaries go unpunished (e.g., dictatorships in Latin America during the 1970s–80s).

  • Accountability Model: Human rights violators are prosecuted nationally or internationally.

• Real-world examples:

  • Augusto Pinochet (Chile): Arrested in London (1998) for human rights abuses.

  • Charles Taylor (Liberia): Convicted by the Special Court for Sierra Leone.

• Takeaway: The norm of accountability for crimes against humanity is becoming globalized — though unevenly applied.

International Criminal Court (ICC)

• Purpose: Tries individuals (not states) for:

  • Genocide

  • Crimes against humanity

  • War crimes

  • Aggression

• Jurisdiction limits:

  • Only crimes after 2002.

  • Only for states that ratified the Rome Statute or through UN Security Council referral.

• Examples:

  • Omar al-Bashir (Sudan) — indicted for genocide in Darfur.

  • Vladimir Putin (2023) — ICC issued arrest warrant for war crimes in Ukraine.

  • Rodrigo Duterte (Philippines) — under investigation for extrajudicial killings.

• Criticism: Some claim the ICC targets African leaders more often than Western ones (raising issues of bias and selective justice).

International Court of Justice

• Founded: 1945 (UN Charter).

• Purpose: Settles state-to-state disputes and provides advisory opinions to UN bodies.

• Difference from ICC: ICJ deals with states, ICC with individuals.

• Examples:

  • Ukraine v. Russia (2022): Ukraine accused Russia of genocide.

  • The Gambia v. Myanmar (2019): Case over the Rohingya genocide.

  • Nicaragua v. U.S. (1986): ICJ ruled U.S. broke international law by supporting Contra rebels.

ICJ Decisions

• Contentious cases: Legally binding (states must comply, though enforcement is weak).

• Advisory proceedings: Legal opinions requested by UN General Assembly or other agencies.

• Examples:

  • Western Sahara Advisory Opinion (1975):

    • Question: Was Western Sahara “terra nullius”?

    • ICJ said no — it was inhabited, so Morocco couldn’t claim sovereignty.

    • Important for indigenous rights & anti-colonial justice.

  • Ongoing genocide cases:

    • Gambia v. Myanmar (Rohingya).

    • South Africa v. Israel (Gaza) — recent example of states using ICJ to push for accountability.

Rodrigo Duterte’s Arrest

• Context: Former president of the Philippines (2016–2022).

• Accusations: Crimes against humanity due to extrajudicial killings during the “war on drugs.”

• ICC investigation:

  • Duterte withdrew the Philippines from the ICC in 2019, but the court can still investigate crimes committed while the country was a member.

• Debate: Sovereignty vs. international accountability.

• Concept link: Justice Cascade — showing that global norms are shifting toward accountability even for sitting or former heads of state.

Extrajudicial

• Meaning: “Outside the law” — actions like killings or punishments carried out without legal process.

• Real-world examples:

  • Duterte’s drug war (Philippines).

  • U.S. drone strikes on suspected terrorists without trial.

  • Saudi government’s killing of journalist Jamal Khashoggi (2018).

• Concept connection: Violates due process and human rights, often justified under “security” or “anti-crime” narratives.

Genocide and the 1948 Genocide Convention

• Definition: Acts committed with intent to destroy, in whole or in part, a national, ethnic, racial, or religious group.

• Created after WWII → response to the Holocaust.

• Obligates states to prevent and punish genocide.

• Examples:

  • Cambodia (Khmer Rouge, 1975–1979): 1.7 million killed.

  • Rwanda (1994): ~800,000 Tutsi and moderate Hutu murdered in 100 days.

  • Bosnia (1995): Srebrenica massacre.

  • Myanmar (Rohingya, 2017–present): ethnic cleansing → ICJ case.

• Takeaway: Despite global agreement, enforcement depends on political will (Rwanda and Darfur show failures of “Never Again”)

United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP)

• Adopted: 2007 (after decades of advocacy by Indigenous groups).

• Recognizes:

  • Rights to self-determination.

  • Control over ancestral lands.

  • Cultural preservation and participation in decisions affecting them.

• Examples:

  • U.S., Canada, Australia originally opposed but later endorsed it.

  • Ongoing issues: Amazon deforestation, pipeline protests, and mining on sacred lands.

• Connection: Correcting historical injustices tied to colonialism and terra nullius.

Terra Nullius

• Definition: Latin for “land belonging to no one.” Used to justify European colonization — claiming indigenous lands were “empty.”

• Examples:

  • Australia’s colonization — Aboriginal peoples ignored as legal owners.

  • Western Sahara case (ICJ ruled it wasn’t terra nullius).

• Modern implications:

  • Challenges to sovereignty claims by settler states.

  • Supports Indigenous land rights movements (e.g., Standing Rock, Amazon).

Noam Chomsky and Nonatrocities

• Concept: Western nations often ignore or minimize their own human rights violations or those of allies.

• “Nonatrocities”: Crimes that don’t count as atrocities because of who commits them.

• Examples:

  • U.S. support for authoritarian regimes during the Cold War (e.g., Indonesia, El Salvador).

  • Civilian deaths from Western military actions (Iraq, Afghanistan) often not labeled as “atrocities.”

• Big takeaway: Global justice is political — powerful states often control which crimes are condemned.

Martin Luther King Jr. and Justice

• “Letter from a Birmingham Jail” (1963):

  • Argues for civil disobedience against unjust laws.

  • “Injustice anywhere is a threat to justice everywhere.”

• “Beyond Vietnam” (1967):

  • Criticized U.S. militarism and hypocrisy abroad.

  • Linked poverty, racism, and war as connected systems of injustice.

• “The Three Evils”:

  • Racism, Economic Exploitation, Militarism.

  • MLK’s global justice vision expanded civil rights into a critique of U.S. foreign policy.

• Relevance: His speeches connect domestic justice to global human rights struggles — similar logic to ISCOR’s justice framework.

Responsibility to Protect (R2P) Doctrine

• Adopted by UN in 2005.

• Core idea:

  • States have a responsibility to protect populations from genocide, ethnic cleansing, and crimes against humanity.

  • If a state fails → the international community must act (diplomatically, humanitarian aid, or even militarily).

• Examples:

  • Libya (2011): NATO intervention justified under R2P (to prevent massacre in Benghazi).

  • Rwanda (1994): Example of R2P failure — international community didn’t intervene.

  • Syria (2011–present): Debate over limits of intervention and state sovereignty.

• Criticism: Can be used as a pretext for regime change (e.g., Libya).