DVM3108 Final (foundations of humanitarianism)

Disasters

Events that cause much suffering, distress, or loss too great for the affected area to deal with properly on their own

Vulnerability

the degree to which ones social status influences differential impact by natural differential impact by natural hazards and the social processes which led there and maintain that status

4 parts of disaster progression

root causes, dynamic pressures, hazards, unsafe conditions

2 pillars disaster risk depends on

vulnerability and hazard

2 ways vulnerability can be reducued

Capacity and mitigation

Whats included on the recovery scale

economic, livelihood, physical, systems, and social

Who created the ICRC

Henry Dunant

What are the 3 pillars of classical humanitarianism

impartiality, neutrality, independence

Why was there an increase in humanitarian organizations post-Cold war

change of war, complex emergencies, tech advancements, boom in industry

hilhorst critique of modern humanitarianism

shift from short- long term humanitarianism

barnett critque of humanitarianism

instrumentalization of aid

What did the shift from classical to resilience paradigm change

how crisis is understood, how aid recipients are understood, the role of aid providers

downsides of the shift from the classical to resilience paradigm

diminishes urgency and marketing power of crisis, overestimates local institutional capacity, supporting survival economies support war driven economies

world order

an organized state of existence and an international set of agreements for preserving global political stability

International soceity

a group of states conscious of certain common interests and common values bound by a set of rules in their relations with one anther

Core norms of the international system

1. sovereignty
2. non-intervention

Multipolar world order

late 1700s-mid 1900s
several points of power, sovereign states bandwagoning to balance power globally, collapsed with the 2 world wars and wars of independence

Bipolar world order

1900s-90s- two primary points of power, jockeying for influence, collapsed after the cold war

Unipolar world order

american dominance, dominance of liberal institutions, collapsed (arguably) after 9/11 and war of terror

government

able to set rules, enforce compliance, formal authority

governance

more pluralistic, conflicting process of norm negotiation, norm enforcement

norm

a principle, value, belief, or behaviour that is typical, standard or expected

global governance

collective problem solving arrangements

States must have:

territory, population, power

Max weber

Says the state has the sole authority to use force, maintaining order and enforcing rules within the territory

Social contract theory

State is empowered by a social contract between people and the government

Locke

says people are inherently reasonable and tolerant no one should dominate others, governance should reflect collective agreement

Hobbes

says life without a state is inherently bad , need of strong leader who enforces rules and ensures peace, argues for centralized power

CSO

any group or org that is not part of of the government and not a private business

IGO

Must have at least 3 states with a formal agreement and structure

State groups

informal groups of countries that come together to discuss and address global or regional issues

Regional orgs

made up of countries from a specific region to address common issues

UN ga

all 193 member states, makes policy and sets budget, appoints members of security council and security general, decisions do not have legal enforcement

Security council

focused on maintaining peace and security, can authorize military action, impose sanctions, or mediate, 15 members 5 permanent other 10 rotate every 2 years, decisions are non binding

security general

executive branch of un, handles day-to-day operations, performs political analysis

UNDA

United nations development programme

UNHCR

United Nations High Commissioner for Refugees

ESOSOC

Economic and social council- oversees global economic and social issues, coordinates the work of 15 specialized agencies and 13 economies commissions, 54 member states elected by ga

ICJ

international court of justice- serves as the world court for international law, handles legal disputes between countries, 15 judges elected by ga and sc

INGOs

International non-governmental organization

Dunantist Organizations

strictly adhere to humanitarian principles

Wilsonian organizations

Align with foreign policy

Humanitarianism only mandate

focus only on providing aid and relief

Multiple mandates

orgs that work on a combination of humanitarian relief, development, and advocacy

Just War Theory

set of principles outlining conditions when the use of violence would be acceptable

3 key conditions of just war

right authority, just cause, and right intention

UN charter

made in 1945 in sf, major principles: sovereign equality, non-intervention,

Collective security agreement

prevent wars, protect human rights, enforce international law, and create justice

Jus ad bellum

law of going to war, says war is only legitimate when its in self defense and when the un security council authorizes it

UNDHR

UN declaration of human rights "all humans are born free and equal in dignity and rights" drafter in 1948 by a committee of country representatives, championed by eleanor roosevelt

Jus in bello

law in war- refer to the rules that govern the conduct of parties during armed conflict, ensuring protection of those not particularly in hostilities

The geneva conventions

a series of international agreements that set rules for proper conduct toward sick and wounded enemy soldiers and the civilians who take care of them (civilians, wounded soldiers, prisoners of war, medical workers)

convention I

protects wounded and sick in armed forces on land

convention II

protects wounded, sick, or shipwrecked members of armed forces at sea

Convention III

treatment of civilians during war

Convention IV

relates to protection of civilians during war

19994 human development report

human development and human security, shift from state to individual, links security and development, social justice approach

r2p

Responsibility to protect; theory that outside powers may intervene to stop regimes from abusing their own citizens. intervention is justified when theres: just cause, right intention, its proportional, intervention requires un authorization

POC

Protection of civilians- efforts to safeguard civilians during conflict go beyond basic protection and promote human rights, needs state consent, less intrusive

Realism

The relationship between countries is driven by power and self interest, humanitarianism enhances states influence and security

Liberalism

Cooperation, individual rights, democracy. In humanitarianism countries should work together and work across borders, promotes human rights

Dependency

Rich countries exploit poorer countries, says humanitarianism creates dependency instead of self-resiliance

Neo-liberalism

free markets and less government control, says humanitarianism should privatize aid and partner with companies

ICC

International criminal court- prosecutes individuals for serious crimes such as genocide, war crimes, crimes against humanity, and crimes of aggression, deals with individuals

ICJ

International Court of Justice- settles legal disputes between states and provides opinions, deals with states, requires consent, resolves disputes

IHL

International Humanitarian Law- laws that apply DURING armed conflict to limit suffering, only applies in times of armed conflict, made to protect non combatants, wounded soldiers, prisoners of war, civilians, and to regulate methods of warfare

When is intervention justified under r2p?

intervention is justified when theres: just cause, right intention, its proportional, intervention requires un authorization

Source of PIL

conventions and treaties, international customs, general principles of law, judicial decisions and teachings

Jus ad bellum is found in what international treaty?

UN charter

What treat established the ICC

rome statute

ICL

imposes duties according to hrl and ihl on individuals to hold them accountable for grave crimes against humanity.

When hrl violations become "international"

When most serious crimes occur (genocide, war crimes, crimes against humanity, and crime of aggression)

When can the ICC prosecute

state of accused consents, state in which the crime was committed consents, UNSC refers the case

Sources of ICL

pil and domestica criminal law, treaties, customary law, general principles of law, judicial decisions, rome statute

The nuremberg trial was established under the authority of what statute

london agreement

ICL and general principles of law

no crime without pre existing law, penalties for crimes should be clearly identified, when in doubt for the accused, not twice for the same

Genocide

fundamental norm of pil, no derogation permitted (as per the genocide convention 1948)

What qualifies as genocide

intent to destroy national, ethnic, racial, or religious groups. Specific acts include:
killing members of group
causing serious bodily harm
deliberately inflicting conditions of life designed to destroy the group physically, in whole or in part
imposing measures to prevent births within the group
forcibly transferring children of the group to another group

Crimes against humanity

Widespread or systematic attacks directed against civilian population with knowledge of the attack

Acts constituting crimes against humanity

murder, enslavement, deportation or forcible transfer of population. torture, rape, sexual slavery, forced prostitution, forced pregnancy, enforced sterilization, enforced disappearance of persons

War crimes

Violations of International Criminal Law (ICL) tied directly to International Humanitarian Law (IHL). These crimes occur during armed conflicts and violate the laws of war, particularly the Geneva Conventions.

Crimes of aggression

These crimes involve holding individuals accountable for acts of aggression, often implicating high-ranking political or military officials.

When does the ICC intervene in jurisdiction of states

only when a state is unwilling or unable to prosecute

What are the three mechanisms of state consent icc jurisdiction is based on

1. Ratification/recognition
2. crime location consent
3. UNSC referral

What are the three ways states can consent to the ICJs jurisdiction?

1. specific submission
2. treaty clauses
3. declaration of acceptance

Signing a treaty

When a treaty is signed, the leadership of a state (e.g., a head of state or government) formally indicates agreement in principle with the treaty's provisions.

Signing does not make the treaty legally binding—it only demonstrates intent to consider adhering to the treaty.

Ratification

Ratification is the process by which a state approves the treaty domestically, often requiring:Parliamentary or legislative approval.Creation or adjustment of domestic laws to comply with the treaty.

Once ratified, the treaty becomes legally binding on the state under international law.

Disaster law

a part of pil that governs the relationship and responsibilities between nations, focuses on the natural, technological, and environmental disasters

Sources of disaster law

bilateral, regional, and some universal legal intruments

There are 13 frameworks or convention addressing disaster law, what are the two formal treaties at the regional level?

EU and OAS

Refugee

must be outside their country of nationality or habitual residence, internally displaced peoples are excluded from this definition

What are the 5 grounds refugee status is based on?

1. race
2. religion
3. nationality
4. membership in a particular group
5. political opinion

What are the exclusions to refugee status?

those already protected by orgs (UNRWA) individuals involved in international crimes, war crimes, or serious non-political crimes

When does refugee status end

1 the person chooses to go back to their home country
2 they get their original nationality back
3 they become a citizen of a new country

What must refugees be provided with

comparable rights of regular citizens, access to family life, housing, public education, and courts, freedom of movement, regulations on employment and welfare, travel documents

How is refugee status determined

national authorities of the receiving state, if a country is not a signatory to the 1951 convention or cannot process asylum the UNHCR steps in, determined on a state by state basis

Minority rights

rights that protect individuals who belong to minority groups. focus is on individual rights though there are some collective rights like cultural rights shared by the group

Legal basis of minority law

1996 international covenant on civil and political rights (article 27) states minorities have the right to
practice their culture
follow their religion
speak their language

Who is considered a minority

A minority is a group within a country that:
Has different ethnic, religious, or language traits from the majority.
Is smaller in number.
Is not in a dominant position in society.
Has citizenship and long-standing ties to the country.
Wants to preserve its unique identity.

What must states do to support minorities?

Provide resources and support to help minorities preserve their identity and culture. This includes:
Allowing minorities to speak their language and communicate in it among themselves.
Publishing books, newspapers, and materials in their language.
Using their language to express their views publicly.
Creating schools and cultural organizations to support minority groups.
Providing opportunities for children to learn about their group's language and culture.