Legal Studies Year 12 World Order + CRIME CIs

UNSC Positives

Framework exists to maintain world order

Article 41 —> Non-forceful responses to threats to peace + security

Article 42 —> Forceful responses via land sea air

Authorisation of force to maintain world order

Resolution 660: Kuwait, (1990), operation desert storm to expel Iraqi forces from Kuwait region

Peacekeeping operations can be successful

Resolution 1264 (1999) East Timor

• UNTAET: oversee + manage transition to independence

• INTERFET: Restore peace, protect UNMAET, provide humanitarian aid

Over 3,000 resolutions - proof of maintaining WO

UNSC Negatives

P5 veto power prevents resolution in conflicts where p5 member has geopolitical interests

—> Russia used veto 16 times to protect Syria at UNSC resolutions

—> Oxfam: Vetoing humanity report: “a handful of powerful nations who represent only 25% of the world hold its nuclear button”

—> UNSC’s failure stretches from syria to crimea: “power structure prevents joint decisions”

UNSC = Unrepresentative

Conversation 2020 UNSC isn’t working will it ever be completely reformed?: “p5 members made up 50% of population in 1945, today they constitute only 26% of global population”

Prospects for reform:

• Increase p5

• p5 vow not to use in mass atrocities

• Increase non-permanent

International Criminal Tribunal for Rwanda ICTR Positives

Groundbreaking convictions and precedents

—> 93 indictments

—> 62 convictions

The Prosecutor v Jean Paul Akayesu (1998)

• Defined rape as crime against humanity

• Rape + sexual violence constitute genocide (with genocidal intent)

“The Media Case”

—> Inciting genocide = International crime

—> First court to hold members of media accountable

New York times 2003: “Court finds Rwanda media executive guilty of genocide” It was used to inflame ethnic hatred that led to massacres

Held perpetrators accountable commitment to justice

BBC 2025: “Rwandan beekeeper arrested in the US over genocide charges”

‘heinous acts of violence abroad’

International Criminal Tribunal for Rwanda Negatives

Criticism of victors justice as no RPF crimes have been prosecuted

—> None of the 25-30,000 war crimes by RPF in retaliation went to court

ICTR located in Tanzania, limiting access to justice

Martin Sebukanya: “did not serve the purpose of the Rwandans”

“few even travelled there”

The conversation 2020: “Many rwandans belive they’re trying to remove this guilt by promoting justice for international audiences rather than for victims”

Tribunal was costly

20 years work cost nearly $2 billion

$40 million per offender

DW: ICTR: A failed tribunal for genocide victims and survivors

“the tribunal is said to have devoured 2billion USD”

Nuclear Proliferation Treaty 1968 (nuclear) Positives

Most signed arms treaty

—> 191 states (190 today)

—> Caps nuclear states at 9

JFK 1963: “I am haunted by the feeling that by 1970 there may be ten nuclear powers instead of four”

Encourages cooperation

South Africa convinced to abandoned nuclear weapons program in 1989 and joined NPT in 1991
—> Article VI establishes ‘good faith’ negotiations between states - honest and meaningful negotiation,

IAEA Monitors compliance + enforces NPT

IAEA - established 1957

Monitors peaceful use of nuclear energy

Reports non-compliance to UNSC

Nuclear Proliferation Treaty (nuclear) Negatives

Sovereignty allows states to not sign, breach, leave NPT

• India, Pakistan, Israel never signed: possess 440 combined warheads

DPRK left in 2003.

Waltz N (1990) Nuclear Myths and Political Realities: “if a nation possesses nuclear weapons, even a small nation can confront a major power”

NPT has not achieved disarmament

Russia and the USA possessing 13,000 combined nuclear warheads

• Russia suspending NewSTART (prevents proliferation + promotes use of nuclear energy)

AlJazeera 2023: New START nuclear deal and why did Russia suspend it?

“the Russian move was deeply unfortunate and irresponsible”

Treaty on the Prohibition of Nuclear Weapons (nuclear) Positives

Comprehensive ban on Nuclear Weapons (Jan 2021): Responding/reform to the failure of the NPT

As of Jan 2026:

—> 99 signatories, 74 ratifications

Championed by NGO: International campaign to abolish nuclear weapons (ICAN)

reflects changing VES regarding unacceptability of nuclear weapons

—> need to address impact

—> Article 6 commits member nations to provide assistance to victims of nuclear weapons

Treaty on the Prohibition of Nuclear Weapons (nuclear) Negatives

Limited Ratifications due to state sovereignty

No NWS or their allies (Australia) have ratified

Australian institute of International Affairs (2021)

“the TPNW will not eliminate one nuclear weapon”

Nuclear threat remains high as ever

(CNN 2022): “North Korea’s record year of missile testing putting the world on edge”

—> over 70 missile tests

2022: New DPRK law, prohibiting denuclearisation + allowing pre-emptive self defence

Geneva Conventions Positives

Universal framework limits effects of conflict, increases likelihood of future peace

• 196 Ratifications

• Achieved status of ‘jus cogens’

The conventions won’t prevent wars […] limit the physical damage caused by war (Think Again: Geneva conventions 2009)

GC’s have evolved —> changing nature of conflict

After WWII, Geneva Convention IV (1949) developed to protect civilians

Geneva conventions III (1949), entirely dedicated to POWs

States are enforcing GC’s

ABC 2025’s: Former SAS soldier Oliver Schulz committed to stand trial for war crimes charge of murder

“a three-year criminal investigation” found Oliver Schulz to be charged with “the war crime of murder”

Geneva Conventions Negatives

Non-Compliance is widespread

2024 Foreign Policy: Destroying Gaza’s Health Care System Is a War Crime: Israel “repeatedly targeting healthcare facilities”

Geneva Conventions laws of war need fixing - BBC News 2015: “shattering of the system of the Geneva Conventions".

Do not apply to modern assymetrical warfare

(foreign affairs 2024):“Hamas’s Asymmetric Advantage”

“Israeli forces killing thousands of palestinians”

Barriers to enforcement

Age of impunity: 2021:

"norms and laws... sanctified in the Geneva Conventions... are being lost" —> breaches unpunished

R2P (Responsibility to Protect) Positives

Reflects moral and ethical condemnation of sovereignty being used as a shield for atrocities

Sovereignty viewed as a ‘license to kill’

Gareth Evans 2018 speech:

“When genocide, or other major war crimes were being committed behind sovereign state borders, the world would regard this as everyone’s business”

Unanimous support for R2P

World Summit 2005, unanimous agreement for R2P, consistently at UNGA’s, is agreed on

Libya 2011 Success

Resolution 1970 + 1973

—> prevented looming massacre in Benghazi by Gaddafi

—> no fly zone established

—> naval and air force quickly deployed around mediterranean sea

R2P (Responsibility to Protect) Negatives

Actions in Libya 2011 led to criticisms of the R2P principle

Failure to rebuild meant that Libya descended into civil war from 2014-2020

Accusations of R2P being used as a Trojan Horse for Regime Change

Geoffrey Robertson 'Crimes Against Humanity':

“Resolution 1973 had become a justification for tyrannicide"

Pillar III dependant on UNSC approval - p5 veto blocks

17 vetoes by Russia stalled R2P in Syria

Foreign Policy 2021: ‘Responsibility to Protect’ Is One More Casualty of the Syrian War’

• 400,000 casualties in Syria

• 200,000 missing

China and Russia’s veto stopped intervention in Myanmar

GlobalR2p 2021: The Yearlong Failure to Protect Myanmar’s People and What to Do Now’

“only the Security Council can impose a legally binding international arms embargo”

Domestic political will to provide support limits R2P

'Syria is a failure of commitment, not principle' (Washington Post 2016)

Sanctions Postives

Sanctions have modified State’s behaviour

2015 Joint Comprehensive Plan Of Action (JCPOA), signed by nations sanctioning Iran, eased sanctions in exchange for restricted Nuclear Program

Tool of Persuasion rather than force, coerce states into compliance

UN Charter Article 41:

UNSC Imposed sanctions UN nations must follow

Autonomous sanctions imposed by nations signal condemnation

Sanctions don’t always change behaviour, but constrain ability to wage war

2023: ‘World’s Most Sanctioned Countries’

17,500 of Russia’s 18,772 sanctions are in condemnation of Ukraine Invasion

The Conversation 2022: “Are the West’s sanctions against Russia actually working?:

Russia’s economy has reportedly had a fall of 6%

Shortages of semiconductors for military

Signal condemnation - deterrence

Sanctions Negatives

Limited success in modifying behaviour

Despite 49 states + 17,500 sanctions, Russia is still at war with Ukraine

AlJazeera 2026: Mapping Russian attacks and territorial gains:

“Russia occupies ~20% of Ukraine territory”

Effectiveness depends on State Sovereignty cooperation

49 countries make up 60% of Global Economy

Conversation 2023: How Putin has shrugged off unprecedented economic sanctions

Russia earns $800 million/day

"AlJazeera 2023: How China + India’s appetite for oil and gas kept Russia afloat”

“China’s imports surged 20% to 68.06 million tonnes

ICC Positives

First permanent court to end impunity for war crimes and other serious international crimes

The most serious crimes of concern to the international community as a whole must not go unpunished' Preamble to Rome Statute 1998

Rome Statute 1998

—> Article 8: builds upon experiences of ICTR and ICTY in the 1990s to establish a permanent court to prosecute individuals of war crimes

Upholds aspects of the rule of law —> Rome Statute

Crimes Against Humanity; Robertson 2012

- arrest warrants against Putin 2023 and Netanyahu 2024

Some successful prosecutions

Prosecutor v Lubanga (2012) 

Lubanga serves 14 years for war crimes of conscripting children under 15 participate in hostilities (child soldiers)

Supports victims of crime

Rome Statute

—> Section 70: Sets up ICC Trust Fund for Victims. Lubanga case 473 received an average of $8,000USD

ICC Negatives

Jurisdiction is limited State consent and referral from the UNSC

→ Only 125 ratifications

→ US withdrawal 2002

→ Philippines withdrawal 2019

Enforceability is limited

61 arrest warrants

50% remain at large

Only 22 have ever stood trial

Costly and Slow

DW News 2016: 13 years, 1 billion dollars, 2 convictions: Is the ICC worth it?’

First conviction took 10 years

4 people have been convicted

ICJ Positives

Can resolve hostilities

El Salvador v Honduras (1992)

Settled 100 year dispute over land, sea, air borders

Puts states on global judgement/reputation on the line

Timor leste v Australia (2020)

Pressured to return stolen data

Compliance is generally achieved

Joan Donoghue (ICJ Judge) Recent studies show that the losing side accepts its rulings 75-80% of the time

ICJ Negatives

Reliant on States consent, enforceability relies on UNSC

Nicuaragua v United States (1986)

• USA didn’t show up to ICJ

• USA Veto UNSC enforcements

Ukraine v Russian Federation (2022)

→ Russia tried using genocide as justification

The Washington Post: UN Court orders Russia to halt its invasion of Ukraine, in a largely symbolic ruling

Processes are slow

The Gambia v Myanmar (2019)

Gambia states; Mass Murder, rape, destruction of community since 2016.

Arguments presented 2026 (10 years on)

ICRC Positives

Protective emblems help the ICRC to conduct its mandate

Misuse is an offence under s 15 Geneva Conventions Act 1957 (Cth)

The Digital Emblem Project 2025', 'Why we digitalised the Red Cross'

Non-political and impartial nature increases likelihood of being granted access to fulfil mandate

• Prosecutor v Simic (2006) upholds freedom from being compelled to testify - upholds neutrality

A recent UNSC Res has facilitated the ICRC's humanitarian work by exempting them from breaching sanctions

• UNSC Res 2664 (Dec 2022) exempted the ICRC’s humanitarian aid activities from sanctions regimes.

ICRC Negatives

As a non-legal measure, the Red Cross's mandate is limited, states are ultimately the key actors in world order

“Humanitarians can put a bandage on the patient. But it’s only States that can cure that patient.” – Finding hope amid the ruins - ICRC Director of Operations (2019)

Despite the protective symbols, Red Cross workers are being attacked

In 2025, 18 staff and volunteers of the ICRC were killed (“A grave betrayal of humanity": Abhorrent attacks on aid workers must stop - ICRC)

Sovereignty allows states to refuse access to Red Cross workers, impeding aid

ICRC 2016: Red Cross aid convoy denied entry to Syrian city of Darayya

“it's tragic that even the basics we were bringing today are being delayed unnecessarily”

Bail Positives

Bail laws aim to protect victims + society from harm or intimidation, need for safety, administration of justice, balanced with suspects’ rights to liberty while presumed innocent

s17 Bail Act (2013): “unacceptable risk test” Emphasises balancing act between bail concerns and bail conditions.

Art 14 ICCPR → Upholds presumption of innocence

Art 9 ICCPR Freedom from arbitrary detention

Ben Roberts Smith (April 2026):

• $250,000 surety

• Surrender passport

• One phone + laptop + no encrypted apps

Bail Reforms have sought to improve society’s protection against terrorism and domestic violence

Following Lindt cafe siege (2014), s22A introduced into Bail Act 2013 requiring ‘exceptional circumstances’ why they should be granted bail

Following murder of Molly Ticehurst by ex-partner

• Bail And Other Legislation Amendment (Domestic Violence) Act 2024 (NSW)

• DV offences added to list of ‘show cause’ offences

• Electric monitoring compulsory

Bail Negatives

‘Kneejerk’ reforms have prioritised society’s interests ahead of individuals’ rights, turning bail into punishment

Bail Act 2013 (NSW) faced criticism mounted for being not tough enough on crime

2014 Bail Amendment Act

• 16b ‘Show Cause’ offences → reduced presumption of innocence to please concerns over community safety

Remand Rates are increasing

BOCSAR custody stats 2025:

• 28% (2013)

• 46% (2025)

Remand can be harmful by exposing suspects to a cycle of reoffending

Law Society 2024:

“Parliament is prepared to, in effect, sacrifice a cohort of young people to the long term criminogenic effects of incarceration”

Imprisonment Positives

Prisons meet the retribution purpose of punishment

R v Xie 2015 NSWSC

Imprisonment of five life sentences acts which were “heinous in the extreme” (Guardian 2017)

Incapacitates dangerous offenders, including after sentences (CDOs)

Division 105A Criminal Code Act 1995 → 3 year CDOs for high risk terrorist offenders

Abdul Nacer Benbrika → “Some offenders are too dangerous to be freed” (The Strategist 2023)

Penalty of last resort, upholding right to liberty

Article 9 ICCPR → No one should be subject to arbitrary detention

Imprisonment Negatives

Prisons are failing in their goal to rehabilitate

Full House: The growth of the inmate population in NSW (2015 NSW inspector of Custodial Services)

• “Rehabilitation outcomes are also compromised when inmate numbers are increased without commensurate increase in appropriate resources.

• 21/44 correctional centres operating over design capacity"

Prisons are not achieving a reduction in recidivism

BOCSAR Reoffending stats 2023

• 49% adults reoffend within 12 months

• 4,750 people

Prisons are resource inefficient

Insititute of Public Affairs 2025

• $436/day per prisoner

Australia’s prison dilemma, productivity commission 2021

“Prisons are expensive, costing Australian taxpayers more than $5 billion per year.”

Justice Reform Initiative: ‘Jailing is Failing’ 2026

“If we are serious about community safety, we must invest in what works”

Drug Court Positives

Aims to tackle the underlying causes of offending

s3 → Aims to reduce drug dependency and promote re-integration

Reduces recidivism

Judge Roger Dive at LSA Conference 2023

“Once you’ve done it this way you can’t go back… pointless to process people through without making any changes”

NDARC Impact of NSW Drug Court

• 30% lower risk of reoffending at 12 months

• 18% lower risk of reoffending at 24 months

Resource efficiency

2025 Drug Court Cost and Financial Information

→ 17% lower reoffending rate = long term savings

BOCSAR 2008, costs of NSW Drug Court

→ 287 offenders in prison = $18.134 million

→ 287 offenders in Drug Court = $16.376 million

Drug Court Negatives

Limitations on accessibility due to eligibility requirements

Reg 4 Drug Court Regulation 2020 (NSW)

→ Must reside in 32/128 local government areas

→ only 55% of population

Only 4 drug courts in NSW

ABC 2025: Inside the growing push for more drug courts in regional NSW

“Justice by postcode”