POL S 368 Final Main Ideas

Neeti Murder

Neeti moved in with Pawan and his parents, which is customary

Neeti was given a small allowance, so she made her own income

In-Law family didn't like that she was at the gym and had her own independent life

Neeti told her father a few months before death that her in-laws wanted a car, new furniture, and 2.5 million rupees ($34,000), along with 2 decades of exploitation

Family was told she had a heart attack, her husband refused to take her to the hospital, autopsy showed she had been strangled to death

Pawan claims he was tortured to confess, which can't be used as evidence; reports say otherwise

Pawan receives bail and is allowed to leave the jail until his trial, which is supposed to rarely happen in cases of murder and violence against women

Brother and sister of Neeti called for people to boycott the family

Role of Law in Femicide/Violence Against Women

Section 498A of law punishes cruelty to women by husbands or in-laws

Other Indian laws include Hindu Marriage Act, Dowry Prohibition Act and Protection of Women from Domestic Violence Act

Many international legal protections: UN Charter, UDHR, Convention on the Elimination of All Forms of Discrimination against Women

Views of War and Morality

Pacifism (Morality prohibits all war), Just War Doctrine (Morality permits some war and some methods of war), Realism (No moral rules apply, all is permitted)

Contemporary international law identified itself with just war doctrine

Origins of Law of War

Linked to emergence of international criminal law

Historical Beginnings: Lieber Code, International Committee of the Red Cross, International Peace Conferences at the Hague, Geneva Conventions on the Laws of War and their Additional Protocols

Major texts: ICJ Advisory of Nuclear Weapons, Martens Clause, Hague Land War Convention, Geneva Conventions

Jus ad bellum

Justice of War: Law Governing the Resort to War

War is prohibited, unless an act of self-defence in response or an armed attack or authorized by the security council

Right to use armed force in the struggle of people for independence, territorial integrity, national unity, and liberation from colonial and foreign domination and foreign occupation

Jus in bello

Justice in War: Law Governing Methods of War

Distinction: Non-combatants may not be the object of an attack, harm to non-combatants must be minimized (Non-combatants: Civilians, prisoners of war, sick or wounded soldiers)

Proportionality: One cannot attack a military target if resulting harm to non-combatants is excessive in relation to the value of the military target

No Unnecessary Harm: At all times, harm may not exceed what is necessary for military objectives, one may not inflict unnecessary suffering on combatants

Principles of Nuremberg Trial

UN General Assembly saw the Nuremberg Charter and Nuremberg Judgement as constituting principles of international law

Crimes against humanity are recognized as a category of international law (not just in wartime), official status or orders gives no immunity from responsibility

Significance of Nuremberg Trial

Began the idea of international criminal justice

Produced huge documentary record

created awareness of the holocaust

ICC Jurisdiction

Cases initiated by a member state or by the Prosecutor: Jurisdiction is limited to citizens of member states and individuals accused of committing crimes on the territory of member states

Cases referred by the Security Council: ICC Statute places no limit on jurisdiction (Exception for Crime of Aggression: Much narrower, no jurisdiction over individuals who are not citizens of a member state)

Principle of Complementarity: ICC cannot prosecute unless the case of primary jurisdiction proves itself willing or unable to do it themselves

ICC Crimes

Genocide, crimes against humanity, war crimes, aggression

Principle of Complementarity

Complementarity: ICC will not initiate prosecution unless the state of primary jurisdiction proves itself "willing or unable" to launch criminal proceedings

Genocide

With intent to destroy, in whole or in part national, ethnical, racial or religious group

Kill members, cause serious bodily or mental harm, group conditions of life to bring about physical destruction in whole or in part, measures to prevent births, forcibly transferring children

Crime Against Humanity

Committed as part of widespread or systemic attack

Any civilian population

Murder, extermination, enslavement, deportation or forcible transfer, imprisonment or deprivation of physical liberty, torture, rape or sexual violence, persecution against any identifiable group on "group" terms, enforced disappearance, apartheid, other inhumane acts

"War nexus" where crimes do not have to be committed during wartime

War Crime

Grave breaches of Geneva Conventions (1949), include wilful killing, torture, inhumane treatment, biological experiments, wilfull great suffering, serious injury to body or health, extensive destruction of property not justified by military necessity, forcing a prisoner to serve in enemy forces, depriving fair and regular trial, unlawful deportation or confinement, hostages, directing attacks to civilians or civilian objects, hurting humanitarian assistance or peacekeeping, hurting combatants who are wounded, improper use of a flag of truce/military/UN/medical assistance, attacking protected places, abolishing human rights for prisoners, poison, unnecessary injuring weapons, starvation as a tactic, enlisting children

Crime of Aggression

Planning, preparation, initiation or execution, by a person with control over political or military action, who commits an act of aggression which violates the Charter of the UN

Violates sovereignty, territorial integrity, political independence of a state

Russia-Ukraine War Analysis

Genocide: Major harms to Ukrainian population historically, displacement of children, and harming their ability to continue life (The Homodor), major deportations

Crimes Against Humanity: Starvation, terrorizing and injuring civilians, forcible transfer, excessive murder, indiscriminate shelling, torture, bombing power stations and water supplies to deprive heat/water/food

War Crimes: Harming civilian populations and property, excessively injuring people, indiscriminate bombing, torture, bombing places meant to supply heat/water/food to civilians

Crime of Aggression: Forcefully entering Ukraine and attempting to take control/take over their government, thus harming their right to political and territorial sovereignty (Under jurisdiction of ICC since Ukraine is protected and Crime of Aggression can be placed on those not belonging to the ICC if it occurs on the territory of a state that is a part of the ICC)

War in Gaza Analysis (Hamas)

Genocide: Many Israelis murdered, including civilians, cases of people being murdered just for existence as an Israeli citizen

Crimes Against Humanity: Massive killings including civilians deliberately, indiscriminate rocket attacks, torture, extrajudicial killings

War Crimes: Hostages taken, massive killings including civilians, indiscriminate rocket attacks, military attacks from dense civilian areas (use of human shields), torture, extrajudicial executions

War in Gaza Analysis (Israel)

Genocide: Massive proportion of Palestinians killed, access to food/necessities of life restricted, massive numbers of Palestinians displaced, massive amounts of Palestinians injured

Crimes Against Humanity: Many civilians killed and injured, children killed, most buildings damaged or destroyed, massive bombing operations indiscriminately, torture, arbitary detentions

War Crimes: Many civilians killed and injured, children killed, most buildings damaged or destroyed, massive bombing operations indiscriminately, torture, war tactics claim to target soliders but harms enormous number of civilians

Crime of Aggression: Israeli settler violence, denial of Palestinian existence

Action to be Taken to Reduce Climate Change Impacts

Mitigation, Adaptation, Reparation

Mitigation

Lessen carbon emissions and any other acts that continue climate change

Adaptation

Make these practices sustainable and long term, long term protection from climate change

Reparation

Provide adequate compensation to victims of climate change since they are not equal victims

Justice issues in Climate Change

Countries, groups, individuals using carbon budget at unequal rates

Those who contribute the most will feel it least, per capita emission allow us to see how it is an issue of inequality

High variation among high-income counties

Low-income countries will feel climate change the most

War on climate activists

Fossil fuel companies contribute to climate change, prevent new policies from being taken, and have known about the impacts of their actions for much longer than the public

Connection between ICJ Ruling and Simon Caney Article

Both depend on the right to life, health, and sustenance as human rights

Climate change threatens these rights, so it is the responsibility of the government to protect and make effort to correct them

ICJ also includes the rights of women, children, and minorities; right to privacy, home, and family; right to non-refoulment and displacement