World Order

state sovernity

1. State sovereignty = right of a country to govern itself - choose what international laws they follow and deny. 

   1. Treaty of WestPhalia (1648) = gave countries the power to govern within their borders without interference from another country or sovereign power

   2. UN Charter (1945) 

R2P

R2P = Came about as we had a lot of authorities in the world e.g. gendiode, ethnic cleansing, countries were using sovereignty as a shield to protect themselves from being punished for the human rights crimes committed. This led to the World Summit Outcome Document (2005).

Why arne’t counrtries willing to incate R2P

• Countries have to be willing to participate in R2P when needed, however many won’t due to trading agencies and resource wastage

3 pillars of R2P

• 3 steps taken to address mass atrocities crimes

  1. Pillar 1: Capacity building = if the human rights abuse that is going on is political violence, starvation or civil unrest then other countries will not invade straight away instead they will send money to help the situation. 

  2. Pillar 2: Sanctions = Putting trade restriction, refusal to trade, certain tariffs on countries - applying economic pressure. Can also put sanction on people e.g. deportation, revoking visa

  3. Pillar 3: Use of force = More or less invading a country or using military force. (HAS to be authorized by security council - club of 5 + 10 rotating members)

implementation of international law

1. Signing the document = acceptance in principal > group project, agreeing to be bound but you have implemented it. 

2. Ratify the document = have it considered by your own body of legislation + approve the instrument 

3. Enact the document in domestic legislation = putting the document into practice

2x types of countries when looking at international law

1. DUALIST COUNTRIES = Countries that need to sign + ratify piece of international law before becomes binding

2. MONIST COUNTRIES = Countries where, as soon as the treaty is signed it becomes law. E.g. European countries

defintion of world order

Absence of conflict within countries and neighbouring nations

need for world order

1. minimise conflict and protect human life 

devoplment for world order

1. Pre UN = League of nations (Similar to UN, however didn’t do much) > International relationship very individualized focused > Bilateral pacs were very common

2. Post Founding of UN = Idea that every comes to the table > talk about and agree on international law 

general assembly defintion

1. General Assembly 

• Special political and decolonization committee

• Definition - World Parliament, where every countries assemblies in order to debate international law e.g. treaties 

what can the general assembly do?

1. Pass resolutions (mini treaties) - sanctions + other things 

2. Forum for treaty negotiations

3. E.g. ICCPR

general assembly actions take examples

1. Necular treaties - Non proliferation treaty (1968)

2. Treaty on prohibition of nuclear weapons (2017)

security council defintion

• Can operate without R2P

• R2P is a legal doctrine used to authorise use of force

• Countries can go form their own clubs > leads to bilateral and multilateral treaties

powers of UNSC

• Can pass resolutions - can commend a country, sanctions on a country (what the general assembly can do as well). Difference - they have the authorisation of use of force

2 Compents of the UNSC

1. 5 permanent members (US, Russia, China, France, Britain - can vote on resolutions + veto)

2. 10 rotating members (can just vote on resolutions)

Secretariat defintion

• Bassically Admin

• Assortment of specialized bodies

Econmic and Social Concil

Examples - World Health Organisation, UNSCO, High Commisior of Human Rights

International court of justice basic defintion

• Dispute resolution - if 2 countries get into an argument they would go to here

• Has a degree of influence over everyone, however countries can choose to accept or reject compulsory jurisdiction (a country that hasn’t adopted compulsory jurisdiction can be compelled to appear at the ICJ by a resolution from the UNSC). 

1. International Criminal Tribunal For Yugoslavia (ICTY)

1. Background Info - Yugoslavia was a communist block of states that was composed of balkan states. They broke up from each other resulting in Serbia thinking that they should be in charge so the Serbain Presdient at the time Milosevic ordered an ethinic cleanse of koseovar albains in kosovo. Kosovo wanted independence and Milosevic thus ordered the cleansing to prevent this. The UNSC after the matter was revoled issues the Resoultions 827 (1993)

1. How/Explain - Resoultions 827 (1993) ICTY

• Established the ICTY and tasked it ensuring: 

1. ‘Violations of international humanitarian law’ are prevented and address them + punishment

2. Were ‘halted and redressed’

Stat for effectivness ICTY

• ICTY apprenched all 161 indicted, initiated proceedings against 109 and of that they got 90 convictions

FALIURE TO EXCERISE DETTERENCE ICTY

• Background Info - Criminal tribunal was established in 1993, even though it had been around for 2 years the Serbrenica massacre still occured and 8000 people died. Post 1993 after the conflict had mostly died down there was still racical tension and they still exist. 

ICC overall bg + definiton

1. International instrument that establishes the ICC is the Rome Statute (1998)

• Aims to address “Serious crimes of international concern” Art.1

• Under Art 5-9 of the Rome Statute set out the crimes the ICC can prosecute for

ICC positive quote

• Positive Quote - Human Right Watch (2018) stated the ICC’s establishment was: A ‘massive step forward’, as the ‘certainty of impunity’ was removed. 

ICC case

• Case - Prosectucor V Lubanaga (2012) regarding the use of child soldiers in the congo (article 50 of the geneva convention relative to the protection of civilian persons 1949) - 14 years prison sentence

ICC negitive statistic

• Statistic - only 123 out 196 UN member states

ICC media artcle negitive

• Media Article - ‘The Crimes against humanity report 2013’ - ‘Nobody is likely to be indicted unless they have alienated all five P5 members’ (Referral by the UNSC occurs under Art 15 of the Rome Statute)

1. Rules Regarding the Conduct of hostilities (Rules of War) - Geneva Conventions - BG

1. The Geneva Conventions I-V (1949) - regulate permissible targets, methods and how prisoners are treated. 

2. Quote - ‘Think again: Geneva Convention' Foreign Policy 2009. “Protecting innocent bystanders and shielding soldiers from unnecessary harm”

3. Jurisprudence - Development of the law

• Have been ratified by 196 of 196 UN member states

• They have universal jurisdiction, meaning that wherever you go in the world you are protected by the Geneva Conventions

1. International Committee of the Red Cross (NGOs) - BG

1. Background Information - is an organization that provides aid and aims to project civilians during armed conflict e.g. food, health, vaccination programs, vitamins as they aren’t eating fresh produce 

Aim of red cross

1. International Red Cross and Red Crescent Movement (1986) > Article 5c sets out the aim of the Red Cross, ‘Work for the faithful application of international Humanitarian law applicable in armed conflicts’ 

• Official + Neutral 

Red cross stat

1. Statistics regarding the provision of aid during in Ukraine 

• $199M in Financial Aid provided

• Reached 1.1M people in through health programs

red cross limitations

1. Red Cross - Olenivka Penal Facility: Prisoners of war and ICRC’s role (2022)

• ‘Not been granted access to POW’s’

• Meaning that they cannot ‘investigate the conditions of their interment’

• This violates their right to the human treatment as POWs under Article 13.1 of the Geneva Convention (iii)

1. Intergovernmental Organisations (NATO) - BG

1. Background Information - The countries that were originally joined together in fear of communist soviet union, with the aim that if you attack one of us you attack all of us > Joint military

1. Intergovernmental Organisations (NATO) - legislation

1. Legislation - Washing treaty (1949) preamble states it aims to achieve: 

• ‘Collection defence’ 

• For the ‘Preservation of peace and security’

• Article 5

  • ‘Collection defence’ will be executed through ‘united armed force’

  • Contributes to pacific dispute resolution as aggressor nation states must not not resort to conflict against NATO members otherwise they will be:

I. Subject to ‘the full force of’ NATO’s ‘collective power’ (President Biden 2023 SOU Address)

1. Intergovernmental Organisations (NATO) - negitive

• Negitivies

  • Harvard’s Belfer Centre described NATO’s abandonment of Libya (Resolution 1973 (2011)) as 

    • ‘Exacerbating human rights abuses, humanitarian suffering and radicalism’

  • According to The Hill 2019 Problems Plaguing NATO ‘serious internal friction’ has arisen when ‘recalcitrant members’ ‘held the alliance hostage’

Sanctions BG info

• They are a form of economic warfare, meaning they’re compliant with Article 2 (4) of the UN Charter (1945) as nations are "Refraining from the use of force”

• Iran Nuclear Deal Case study

  • Sanction under resolution 1747 (2007) aimed to address Iran's violation of article 3(1) of the NPT 1968 (non-NWS developing nuclear weapons).

  • After 6 years negotiation ensued resulting in:

    • Joint plan of action (2013)

    • Joint comprehension plan of action (2015)

sanctions negitve

• Sanactions don’t work work when countires don’t follow them

• UN Sanctions against the DPRK (Resolution 1695 {2006}) have been undermined as China:

  • ‘flouts security council resolutions’ to provide ‘a revenue stream’ for ‘prohibited nuclear and ballistic missile programs’ (Guardian (2020) North Korea Defies Sanctions with China’s Help, UN Panel Says)