International law final use this

When did the Charter of the United Nations come into force?

October 24, 1945

The Charter of the UN is a ___ treaty

multilateral

The Charter of the UN serves as the ___ for the UN

Constitution

How many states founded the UN, and how many are there today?

51; 193

What are the 4 purposes of the Un according to Article 1 of the UN Charter?

1. keep the peace

2. develop friendly relations

3. achieve international cooperation in solving problems

4. to be the center for harmonizing the actions of nations

PFCH

P F Chang Horse

What are other minor purposes of the UN?

• promote disarmament and the regulation of armaments

• to further respect for international law and encourage the progressive development of international law and codification

What is the CRUCIAL goal of the UN to begin with?

to maintain peace and security

What are the 2 principle organs of the UN?

The Security Council and General Assembly

What is the UN General Assembly?

Consists of all members of states, each having one vote

-authorized to discuss and pronounce upon any matter withing the province of the Organization

-its resolutions may not be legally binding (there are some exceptions)

What is the UN Security Council?

how many, how often elected?

Consists of 15 members

-5 permanent members

-others elected every 2 years by the General Assembly

Who are the 5 permanent members?

China, France, US, UK, Russia

What’s special about the 5 permanent members?

they all must be in agreement in a vote for it to be passed

Un Secretary

Headed by the Secretary General

principle instrument of the SC and GA

SG appointed by the GA upon recommendation of the SC

Three other main organs of the UN to fulfill specialized functions

1. Field of economic and social co-operation

2. colonial matters

3. international legal disputes or issue advisory opinions

Principle achievements and failures of the UN

1. maintenance of peace and security

2. promotion of the peaceful settlement of disputes likely to endanger peace

3. self determination of peoples

4. economic and social co-operation

5. human rights

6. disarmament

7. codification and progressive development of international law

Why did the establishment of the UN armed forces fail (article 43 of the UN Charter)?

goes against peace—where will the troops from from? US troops wouldn’t take commands from a non-American captain

What measures are taken where there is a threat to peace, breach of the peace, or act of aggression?

economic & other sanctions

non-recognition of illegal situations

condemnation by the SC

public exposure by the GA of Gross Violations

the establishments of international criminal tribunals

What was happening in the 1960s with developing States and Eastern Europe?

National Liberation Movements, developing countries seeking self-determination

Sovereignty

Sovereignty no longer exclusively protects states from foreign interreference; it is a charge of responsibility that holds states accountable for the welfare of their people

Three pillars of the responsibility to protect

1. the state carries the primary responsibility for protecting populations from genocide, war crimes, crimes against humanity and ethnic cleansing, and their incitement

2. the international community has a responsibility to encourage and assist states in fulfilling this responsibility

3. the international community has a responsibility to use appropriate diplomatic, humanitarian and other means to protect populations from these crimes. If a state is manifestly failing to protect its population, the international community must be prepared to take collective action to protect population, in accordance with the UN Charter

Rwanda genocide (video), what policy did it help implement?

one of the motivating factors for implementing the responsibility to protect policy

Before 1945, there was no ____ that protected the individual human being

comprehensive body of law

Pre-UN Charter there were various rules and institutions that today are part of international law of human rights such as:

1. Doctrine of Humanitarian Intervention

2. International agreements to combat the slave trade

3. Peace of Westphalia, Treaty of Paris, Treaty of Berlin

4. Peace treaties that ended WWI

5. International labor organization (labor rights)

Article 55 of the UN Charter speaks on__

human right and fundamental freedoms for all without discrimination as to race, sex, language or religion

What are the two interrelated obligations created by the Charter

1. shall promote universal respect for, and observance of, human rights and fundamental freedoms for all without distinction as to race, sex, language or religion (Art 55)

2. to take joint and separate action in cooperation with the organization for the achievement of the purposes set for in Article 55 (Art 56)

How did the Universal Declaration of Human Rights come to be?

through a General Assembly resolution

UN charter v. Universal Declaration of Human Rights

Charter speaks only of human rights and fundamental freedoms without defining or enumerating them

the Universal Declaration does define and enumerate human rights

The International Bill of Human Rights is comprised of (6)

1. International Covenant of Civil and Political Rights

2. International Covenant on Economic, Social, and Cultural Rights

3. Optional Protocol to the ICCPR 

4. Second Optional Protocol to the ICCPR aiming at the abolition of the death penalty

5. Universal Declaration

6. Human Rights provisions of the UN Charter

ICCPR

international covenant of civil and political rights

ICESCR

International covenant on economic, social, and cultural rights

ICCPR and ICESCR entered into force in 1976 after ratification by __ states. That number increased to approx ___states

35; 150

The US ratified ___ but not __

ICCPR; ICESCR

The obligation to comply with ICCPR is ___, while the ICESCR assumes an obligation that is ___ in character and tied to the ___

immediate; progressive, availability of resources

Methods for supervision of compliance by states parties with their obligations under the respective covenants: ICCPR v ICESCR

ICCPR: (supplemented by its optional protocol—provides for a system that permits investigation and quasi-adjudication of individual and inter-state complaints by a committee of experts

ICESCR: provides for only a system of periodic reports to be filed by state and certain specialized agencies with the UN economic and social council

Other UN human rights instruments that supplement the international bill of human rights

1. Convention on the prevention and punishment of the crime of genocide

2. the international convention on the elimination of all forms of racial discrimination

3. the convention on the elimination of all forms of discrimination against women

4. the convention against torture and other cruel, inhumane or degrading treatment

5. convention on the rights of the child

GRDWTC

Greg reacts dumb when tina cooks

Of the Other UN human rights instruments that supplement the international bill of human rights, which have the US ratified?

Genocide convention, CERD (racial discrimination), and the torture convention

European Convention on Human Rights and Fundamental freedoms—what year, how many states ratified, how may original rights?

entered into force in 1953

41 European states have ratified the convection

when originally adopted, protected only a dozen civil and political rights. Now, the rights have been expanded

Inter-American system primary function

to deal with the communications charging violations of the rights and the rights the treaty guarantees

What are the 2 sources the inter-American system uses to protect human rights?

Charter of the Organization of American States (OAS) and the American Convention on Human Rights (ACHR)

Why is the American Convention unique?

it makes the right of individual petition mandatory and that of inter-state communications optional 

African System

adopted by the organization of African Unity (now African Union)

Africa is the 3rd region in the world to have its own human rights system

54/44 African state ratified it (not Morocco)

created an African Commission on Human and Peoples’ rights with power to deal with inter-state and individual petitions

emphasis on friendly settlement and negotiations

International humanitarian law

branch of international law of human rights that applies to situation of international armed conflict and, to a more limited extent, to internal armed conflict

Principle sources of this law are the 4 Geneva conventions and the 2 protocols additional to these conventions

Know some of the rights from the chart

The US has ratified the Geneva Conventions but is not a party to the ___

protocols

Human rights definition (know word for word)

Human rights are universal values and legal guarantees that protect individuals and groups against actions and omissions primarily by State agents that interfere with fundamental freedoms, entitlements and human dignity

Human rights involves respect for, and the protection and fulfillment of ___ rights (6)

civil, economic, political, cultural, social, and development

CPECDS

Human rights are ___ and are ___ and __

universal; interdependent and indivisible

EXAMPLES OF HUMAN RIGHTS

States have a duty to ____, ____, and ____ human rights.

respect, protect and fulfill

Respect of human rights involves not interfering with their __

enjoyment

Protection of human rights

focused on taking positive steps to ensure that others do not interfere with the enjoyment of rights

Fulfillment of human rights

requires States to adopt appropriate measures in order to fulfill their legal obligations

Terrorism

Terrorism is commonly understood to refer to acts of violence that target civilians in the pursuit of political or ideological aims

The international community has yet to adopt a comprehensive definition of ____, but certain acts and core elements are defined in existing treaties.

terrorism

A 1994 General Assembly Declaration claims that terrorism includes…

• criminal acts intended or calculated to provoke a state of terror in the general public, a group of persons or particular persons for political purpose

• and that such acts are in any circumstances unjustifiable, whatever the considerations of a political, philosophical, ideological, racial, ethnic, religious or other nature that may be invoked to justify them 

TU (terror and unjustifiable)

Actus rea of terrorism

criminal offense under the national legal systems

Mens reus of terrorism

aimed at spreading terror among civilians

What are the 3 main elements required for something to be considered terrorism?

1. the acts constitute a criminal offense under the national legal systems

2. the acts are aimed at spreading terror among civilians in order to influence the policy of a government

3. they must be politically or ideologically motivated

Ireland v. UK rights violated

Prohibition inhuman or degrading treatment, fair trial, right to liberty and security of person

(NOT TORTURE)

British forces in Ireland used the 5 techniques (hooding, wall-standing, white noise, sleep deprivation, and food and drink deprivation) against 14 men during Operation Demetrius. These methods were used in coercive interrogation methods.

Peaceful responses to terrorism

agreements, UN sanctions

Problems with agreements in response to terrorism

1. not enough states are parties to the multilateral treaties

2. bilateral and multilateral treaties contain no effective enforcement provision

3. no provision that says terrorist acts may not be deemed “political offences” and therefore their alleged authors are exempted from extradition (the removal of a person from a jurisdiction

4. the obligation imposed on states to search for and arrest subjects tends to be treated in an insufficiently rigorous way

Forcible responses to terrorism

The Law

what does “the law” entail when it comes to forcible responses to terrorism? (mention the key word)

The basic rule is that use of force in international relations is forbidden, except in the exercise of the inherent right of individual or collective self-defense if an armed conflict occurs

Two general principles of the law in forcible responses to terrorism

1. military force is a last resort

2. unilateral force is only permitted under exceptional circumstances

Counter-terrorism

the promotion and protection of human rights while countering terrorism

3 aspects of counter-terrorism

1. terrorism has a direct impact on the enjoyment of human rights

2. as such, states have a duty to take effective counter-terrorism measures

3. States have obligations to ensure all counter-terrorism measures themselves comply with human rights standards

Counter-terrorism must adhere to ___

human rights

___ law occurs only in conflicts while ___ law occurs when not in conflicts

Humanitarian; human rights

International Humanitarian law can be defined as the branch of international law limiting the use of violence in armed conflict by (2)

1. sparing those who do not or no longer directly participate in hostilities

2. restricting it to the amount necessary to achieve the aim of the conflict which can only be to to weaken the military potential of the enemy

what are the 5 principles of IHL

1. the distinction between civilians and combatants

2. the prohibitions to attach those hors de combat (out of the fight)

3. the prohibition to inflict unnecessary suffering

4. the principle of necessity

5. the principle of proportionality
   CHSNP

   Can Horses Smell New Pies

Limitation of IHL (5)

1. it does not prohibit violence

2. it can’t protect all those affected by armed conflicts

3. it makes no distinction based on the purpose of the conflict

4. it doesn’t bar a party from overcoming the enemy

5. It assumed that parties to an armed conflict have rational aims and that those aims do not contradict IHL

IHL applies to 2 very different types of situations:

International armed conflicts and non-international armed conflicts

the term __ has, from 1949 onwards, replaces the traditional notion “war”

armed conflict

An armed conflict exists whenever there is a resort to armed forces between __

States

During the Diplomatic Conference of 1974-1977, it was recognized that ___ should also be considered international armed conflicts

wars of national liberation

Traditionally, in non-international armed conflicts (civil wars), ___ do not apply. This view was modified by Article _ of the Geneva Conventions

international law provisions; Article 3

What constitutes a “protected persons”

prisoner of war, civilians, shipwrecked, injured while in combat

Victims of armed conflicts who are not “protected persons” (like armed mercenaries) do not completely lack protection? What law protects them?

Human rights law

4 conventions and articles of “protected persons”

1. Geneva Conventions (GC) 1: wounded and sick in armed forces in the field (Article 13)

2. GC 2: wounded, sick and shipwrecked member of the armed forces at sea (Article 13)

3. GC 3: Prisoners of war (article 4)

4. GC 4: civilians persons in the time of war (Article 4)

Geneva Conventions (GC) 1:

wounded and sick in armed forces in the field (Article 13)

GC 2:

wounded, sick and shipwrecked member of the armed forces at sea (Article 13)

GC 3:

1. Prisoners of war (article 4)

GC 4:

1. civilians persons in the time of war (Article 4)

Not all countries who signed onto the Geneva Conventions signed onto the __

optional protocols

2 additional protocols of 1977 to Geneva Conventions

Protections of Victims of International Armed Conflict (additional protocol I)

Protections of Victims of Non-International Armed Conflict (additional protocol II)

Modern IHL dates back to 1859 with the battle of __ in Northern Italy between the French, Italian and Austrian forces

Solferino

Henry Dunant— “A Memory of Solferino” 1862

Dunant vividly describes:

• The immense scale of human suffering after the battle

• The lack of organized medical services

• Civilians and volunteers improvising care for soldiers, regardless of side—summarized in the phrase “Tutti fratelli” (“All are brothers”)

• The failure of armies to provide humane treatment and medical organization in warThe book ends with two groundbreaking ideas that changed international humanitarian law:

  1. Creation of neutral volunteer relief societies

  • Independent national committees that would provide care to wounded soldiers on all sides.

  2. Establishment of an international treaty

  • A legally binding agreement obligating states to treat wounded soldiers humanely and protect medical personnel.

  These proposals directly led to:

  • The formation of the International Committee of the Red Cross (ICRC) in 1863

  • The First Geneva Convention (1864)

Development of IHL has been marked by 3 characteristics

1. Categories of war victims protects and situations in which victims are protected have steadily expanded

2. Treaties have been regularly updated and modernized

3. the existance of two branches of law, Geneva Law and Hauge Law

Geneva Law

mainly concerned with the protection of the victims in armed conflicts

Hague law

provisions of which relate to limitations of prohibitions of specific means and methods of warfare (regulating conduct during hostilities)

Two fundamental principles of combat

Principle of distinction and proportionalty

principle of distinction

it is prohibited to deliberately attack civilians. Military objectives are to target places that contribute to a military advantage

principle of proportionality

when attacking military objectives belligerents must make sure that any collateral damage to civilians is not out of proportion to the military advantage anticipated

belligerency

the status assumed by a nation that wages war against another nation

collateral damage

unintentional deaths, injuries or other damage

States must prevent and criminalize __ in their domestic legal systems

rape and other forms of sexual violence

War crimes occur during ___ and must be a violation of ___

conflict; Geneva Conventions

War crimes are charges to __

an individual

War crimes definition (2 main parts)

a serious infringement of an international rule, that is to say, “it must constitute a breach of a rule protecting important values, and the breach must involve grave consequences for the victim

Mens rea of war crimes

subjective element- required intent depending on the circumstances is either knowledge or recklessness, and maybe negligence