HUMAN RIGHTS AND WORLD POLITICS - Fall 2025 - Final Assessment Preparation Guide

What are three legal tools of "forgiveness" available within the U.S. justice system, according to Martha Minow? (Know)

Martha Minow identifies pardons, commutations, and amnesties as formal legal tools of forgiveness.

1. Pardon: Government forgiveness for a crime.

2. Commutation: Cuts down a person's sentence.

3. Amnesty: Forgiveness for a group of people.

When was the Universal Declaration of Human Rights (UDHR) adopted, and what is its legal status? (Know)

Adopted by the United Nations General Assembly on 10 December 1948, the UDHR is not legally binding but serves as a foundational moral and political framework.

"48 Set Humanity Straight"

Which eight countries were represented on the UDHR drafting committee? (Know)

🇦🇺 Australia

🇨🇳 China

🇨🇱 Chile

🇫🇷 France

🇱🇧 Lebanon

🇷🇺 Soviet Union

🇬🇧 United Kingdom

🇺🇸 United States

What is the legal status of the UDHR? (Know)

It is a non-binding resolution but serves as an important international standard.

What right was excluded by the UDHR drafters but deemed essential by many? (Know)

The right to self-determination.

What types of rights are contained in the UDHR? (Know)

The UDHR includes civil and political rights (e.g., life, liberty, due process, free expression) and economic, social, and cultural rights (e.g., education, health, work, social security).

What are the three documents that comprise the International Bill of Rights? (Know)

1. Universal Declaration of Human Rights

2. International Covenant on Civil and Political Rights

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

What rights do undocumented immigrants have under the U.S. Constitution according to the ACLU? (Know)

Undocumented immigrants are protected by the Fifth and Fourteenth Amendments' Due Process and Equal Protection Clauses, granting rights to fair hearings, legal counsel, freedom from unreasonable search, and access to education.

What does 'refoulement' refer to? (Know)

The practice of forcing refugees or asylum seekers to return to a country where they face threats.

Define 'asylum'. (Know)

Protection granted to individuals in a foreign country due to persecution in their home country.

What is an 'asylum seeker'? (Know)

A person who has applied for asylum but has not yet received a decision.

What is the definition of a 'refugee'? (Know)

A refugee is someone outside their country of origin who cannot return due to a well-founded fear of persecution for reasons of race, religion, nationality, political opinion, or membership in a particular social group.

What does 'stateless' mean? (Know)

A stateless person is not recognized as a citizen by any state, leaving them without legal protection or access to rights like education or healthcare.

What are Stephen P. Marks' 4 approaches to the origins of human rights? (Know)

1. Natural-law approach: Human rights derive from inherent human dignity

2. Deliberative or political approach: Rights created through consensus and political struggle

3. Protest or revolutionary approach: Rights emerge from contestation against oppression

4. Discourse or deliberative-practice approach: Human rights evolve through dialogue and interpretation

What are Franklin D. Roosevelt's '4 freedoms'? (Know)

1. Freedom of speech

2. Freedom of worship

3. Freedom from want

4. Freedom from fear.

What is the distinction between the International Court of Justice (ICJ) and the International Criminal Court (ICC)? (Know)

1. ICJ settles disputes between states and issues advisory opinions on questions of international law.

2. ICC prosecutes individuals for crimes like genocide and war crimes.

When was the Genocide Convention approved and when did it enter into force? (Know)

December 9 1948 approved → January 12 1951 entered into force

How is genocide defined in Article II of the Genocide Convention? (Know)

"Genocide" means acts committed with intent to destroy, in whole or in part, a national, ethnical, racial, or religious group, including:

(1) Killing group members

(2) Causing serious bodily or mental harm

(3) Inflicting destructive conditions of life

(4) Preventing births

(5) Forcibly transferring children of the group.

What is transitional justice concerned with? (Know)

Past gross human-rights violations during transitions from conflict or authoritarian rule. Its purposes are to achieve truth, accountability, reconciliation, and institutional reform.

What are Stephen Landsman's 6 benefits to prosecution in human rights violations? (Know)

1. Reaffirms rule of law and rejects impunity.

2. Deters future abuses.

3. Educates the public.

4. Gives closure to victims.

5. Delegitimizes perpetrators.

6. Builds trust in democracy.

What is universal jurisdiction? (Know)

Universal jurisdiction lets national courts prosecute certain international crimes (genocide, torture, war crimes, crimes against humanity) regardless of where they occurred or the nationality of the accused or victims.

What are the arguments for Universal Jurisdiction? (Know)

Ensures justice when national systems fail; deters future crimes; upholds international norms.

What are the arguments against Universal Jurisdiction? (Know)

Against: Risk of political abuse, uneven application, and conflicts with state sovereignty.

What are the purposes of providing 'reparations' in human rights violations? (Know)

Reparations aim to restore victims' dignity and promote social healing.

What does Gerald L. Newman mean by 'ideational populism'? (Know)

A form of populism that emphasizes ideas and beliefs rather than just political movements.

What does Gerald L. Newman means by "ideational populism"? (Know)

What Gerald L. Newman means by "ideational populism"

What does Gerald L. Newman means by "exclusionary populism"? (Know)

Not only blames elites but also pushes out minorities or outsiders (like immigrants, journalists, or religious groups).

What are three ways ideational/exclusionary populism negatively impacts human rights? (Know)

1. Weakens courts and government systems

2.Limits free speech and protests.

3. Blames or excludes minorities and immigrants.

4. Twists human-rights ideas for politics.

What are the advantages of 'democratic populism' according to Douglas A. Johnson? (Know)

It enhances enhancing civic participation, demanding elite accountability, and redirecting policy toward ordinary citizens

What were the dates of existence of the original 'Populist Party' in the U.S.? (Know)

1891 to 1908.

Which groups did the original Populist Party purported to represent? (Know)

Farmers, laborers, and the working class.

What were the basic elements of the Populist Party platform? (Know)

1. Direct election of senators

2. Graduated income tax

3. Government ownership of railroads and telegraphs (not private).

4. Shorter workdays

5. Currency reform (silver standard)

What are the advantages of using legal tools of forgiveness (Pardons, commutations, amnesties)? (Be Prepared to Discuss)

1. Promote reconciliation and reduce tension.

2. They allow offenders to reintegrate into society,

3. Display mercy

4. Help stabilize post-conflict societies

Example: In South Africa, the Truth and Reconciliation Commission granted amnesty for full confessions

What are the disadvantages of using legal tools of forgiveness (Pardons, commutations, amnesties)? (Be Prepared to Discuss)

1. They can undermine justice, deny closure to victims, and normalize impunity.

2. Broad amnesties can shield perpetrators of human rights abuses, eroding rule of law.

How do tensions between human rights and state sovereignty appear in U.S. migration policy? (Be Prepared to Discuss)

The United States claims the sovereign right to control its borders through strict asylum and deportation policies.

By invoking sovereignty, it limits outside interference even when actions conflict with human rights law

.

Asylum seekers are entitled to due process and protection under nonrefoulement, which forbids sending people back to danger.

This shows how sovereignty can prioritize border control over human rights obligations.

How does the tension between human rights and sovereignty appear in Myanmar's Rohingya persecution? (Be Prepared to Discuss)

Myanmar refused to accept the International Court of Justice's authority, saying the case was an internal issue and not another country's concern.

By claiming sovereignty, it argued outsiders couldn't interfere, even when accused of genocide.

This shows how a state can use sovereignty to block human rights enforcement, leaving victims without protection.

How do tensions between human rights and sovereignty appear in the Philippines under Duterte? (Be Prepared to Discuss)

President Rodrigo Duterte used sovereignty to defend his "War on Drugs", rejecting investigations by the UN and International Criminal Court.

He claimed the Philippines was a sovereign nation that shouldn't be judged by outsiders, calling human-rights criticism "Western interference."

This shows how sovereignty can be used to justify state violence and avoid accountability for abuses.

The complexities of the ICJ's application of the Genocide Convention to the Rohingya situation. (Be Prepared to Discuss)

Applying the Genocide Convention is complex because the ICJ must operate within limits of political power.

Proving intent to destroy a group is especially difficult when Myanmar denies wrongdoing and restricts access to documents and witnesses.

The court's jurisdiction is limited to states, so it cannot punish individuals or enforce orders directly.

Ongoing violence, sovereignty claims, and the lack of enforcement mechanisms blur where law ends and politics begin, showing how international law struggles to function in real conflicts.

The nature of the tensions between two of transitional justice's goals of peace and justice. (Be Prepared to Discuss)

Transitional justice seeks both peace and justice, but these goals often conflict.

Pursuing justice through trials can threaten fragile peace by provoking resistance from former leaders or armed groups who fear punishment.

At the same time, prioritizing peace through amnesties or negotiations can allow serious crimes to go unpunished, weakening trust in new institutions.

Effective transitional justice tries to manage both using:

1. Truth commissions

2. Reparations

3. Delayed prosecutions usually paired with Conditional Amnesty.

Example: In Sierra Leone, combining the Special Court (for trials) with a Truth Commission allowed both goals to coexist — showing that peace and justice can complement each other when carefully designed.

Whether the UN Security Council in its present form is more of an asset or a liability to achieving world peace and security in the world today. (Be Prepared to Discuss)

The UN Security Council provides a global framework for diplomacy and intervention, but its veto power often blocks progress. Its structure favors powerful nations, creating paralysis during major crises. Reform is needed to improve fairness and effectiveness.

Example: During the Rohingya genocide, the UNSC failed to intervene decisively because China and Russia protected Myanmar.

The roles gender may play in armed conflicts and the ways in which transitional justice should address these gendered impacts of armed conflict. (Be Prepared to Discuss)

Men are often forced into fighting, captured, or executed

Women face sexual violence, displacement, and the loss of homes or income.

Men usually need reintegration, since they must return to civilian life and rebuild social and economic stability. Women often need livelihood support, as they take on caregiving and household responsibilities after losing property or family members.

How should transitional justice address gendered impacts of conflict? (Be Prepared to Discuss)

1. Help men reintegrate into civilian life

2. Support women in rebuilding livelihoods and recovering property.

3. Establish truth commissions and courts must acknowledge gender-based violence and hold perpetrators accountable.

How Viktor Orbán's efforts to control the media in Hungary compare with Rodrigo Duterte's efforts to control the Philippine media while he was in office. (Be Prepared to Discuss)

Orbán centralized control through state ownership and regulation: He brought or pressured major Hungarian media outlets to support the ruling party, restricted funding for independent journalism, and passed laws that punished dissenting voices.

Rodrigo Duterte consolidated control through intimidation and legal pressure:

He used fear, violent threats, smear campaigns, and restrictive laws to limit press freedom and discourage criticism of his government. By marking media as "fake news," he discredited journalists and turned public opinion against them. So reporters felt unsafe to speak openly, leading to widespread self-censorship and weakened democratic oversight.

The contrast between Gerald L. Neuman's discussion of populism and Douglas A. Johnson's discussion. (Be Prepared to Discuss)

Gerald L. Neuman believes populism can harm human rights. He says it divides people into "real citizens" and outsiders. This weakens courts, limits press freedom, and targets minorities.

Douglas A. Johnson argues that populism can help democracy when it includes everyone. It gives citizens a stronger voice and makes leaders more accountable. Johnson believes inclusive populism can rebuild trust and participation in politics.

What is the most appropriate description of U.S. populism? (Be Prepared to Discuss)

U.S. populism is a people-versus-elite movement fueled by distrust in institutions and resentment toward political and economic elites. It mixes right- and left-wing elements but often turns exclusionary, defining "the people" narrowly by race, class, or ideology. It reflects anger at corruption, inequality, and the feeling that government no longer represents ordinary citizens.

What are the main causes of contemporary U.S. populism? (Be Prepared to Discuss)

1. Economic causes: Job loss, wage stagnation, and rising inequality.

3. Political causes: Corruption, gridlock, and declining trust in government.

3. Social causes: Polarization, misinformation, and cultural backlash against changing demographics.

Together, these factors create fertile ground for populist rhetoric promising to "take back control."

Three policies founded in sound human rights principles that might address populism's concerns based on your assessment of its causes — Political Policy (Be Prepared to Discuss)

Expand voting access, ensure fair elections, and increase campaign transparency.

Three policies founded in sound human rights principles that might address populism's concerns based on your assessment of its causes — Economic Policy (Be Prepared to Discuss)

Guarantee living wages, universal healthcare, and affordable housing.

Three policies founded in sound human rights principles that might address populism's concerns based on your assessment of its causes — Social Policy (Be Prepared to Discuss)

Promote inclusive education, media literacy, and anti-discrimination programs.

Philip Alston's view of the disadvantages to the human rights system

of an excessive focus on criminal prosecutions for gross human rights

violations. (Be Prepared to Discuss)

He says too much focus on trials can hurt the human rights system. Trials are slow and limited, and they ignore deeper issues like poverty and inequality. Alston believes justice should also rebuild and heal, not just punish.

Judge Ruiz's perspective on the Torture Victim Protection Act. (Be Prepared to Discuss)

Judge Ruiz was critical of the TVPA and how it functions in practice. He argued that U.S. federal courts are already overloaded, and that hearing complex human-rights cases from other countries adds heavy strain on the system.

Ruiz also said he felt uncomfortable interfering in another nation's affairs, especially since his case involved events in Colombia, where he and his team had to learn an entirely foreign legal system just to understand the claims. He warned that if a country's justice system is completely broken, U.S. courts might have to step in — but otherwise, they should be cautious.

He also worried that the TVPA could be used for political agendas instead of pure justice, calling that "deeply concerning." Overall, Ruiz viewed the TVPA as well-intentioned but flawed, placing unrealistic burdens on U.S. judges and risking misuse for political or foreign-policy goals.

When was the Torture Victim Protection Act (TVPA) enacted?

Enacted in 1991

What type of action is available under the TVPA? (Know)

A civil action in U.S. federal court for damages by victims (or their heirs) of torture or extrajudicial killing committed under color of foreign authority.

Two actions that can make someone liable under the TVPA (Know)

1. Torture - intentional severe pain or suffering under official authority.

2. Extrajudicial killing - deliberate killing not authorized by lawful process.

Remedies available under the TVPA (Know)

1. Compensate victims or families (compensatory damages)

2. Punish offenders for severe cruelty (punitive damages)

3. Recognize violations officially (declaratory relief)

4. Prevent ongoing harm (injunctive relief, rarely)

5. Return property or benefits (restitution)

What does "Exhaustion of Remedies" mean in the TVPA? (Know)

Before filing in the U.S., a claimant must try all reasonable legal remedies in their own country unless such efforts would be futile or dangerous.

Plaintiff (Know)

The person or party who starts a lawsuit.

Defendant (Know)

The person or entity being sued or accused.

Subject Matter Jurisdiction (Know)

A court’s power to hear a specific type of case (e.g., federal law or human-rights statute).

Personal Jurisdiction (Know)

Power over the parties involved in the case.

Territorial Jurisdiction (Know)

Power over events or persons within a defined geographic area.

Statute of Limitations (Know)

The time limit for bringing a case after a wrong occurs.

Summary Judgment (Know)

A decision without trial when no facts are disputed and only the law needs ruling.

Habeas Corpus (Know)

A petition challenging unlawful detention – it forces the government to justify holding someone.

Forms of redress in civil actions (Know)

1. Compensatory damages (money for losses).

2. Punitive damages (to punish wrongdoing).

3. Restitution (return property or benefits).

4. Injunctions (to stop ongoing harm).

5. Declaratory judgment (to affirm rights violated).

The standard for the burden of proof in a Criminal Proceeding (Know)

Beyond a reasonable doubt – the highest proof standard. The jury must be almost completely sure the defendant is guilty; if there’s any real doubt, they must be found not guilty.

The standard for the burden of proof in a Civil Proceeding (Know)

Preponderance of the evidence – the lower standard. The evidence must show that the claim is more likely true than not (just over 50% likely).

The different roles in adjudication played by the 3 different tiers of federal courts (Know)

1. District Courts: These are the starting point for all federal cases. Judges or juries hear evidence, question witnesses, and decide facts. They issue the first verdict or judgment and create the official record used for appeals.

2. Courts of Appeals: These courts review District Court decisions to check if the law was applied correctly. They don’t hold new trials but can affirm, reverse, or remand cases. Their decisions help keep federal law consistent and ensure fairness in lower courts.

3. Supreme Court: This is the highest federal court. It chooses major cases involving constitutional or national issues and gives the final interpretation of federal law. Its rulings become binding precedent for all other courts.

The 3 different types of civil cases (Know)

1. Contract (Agreements) - Disputes when one side breaks a promise or fails to follow a legal agreement, like unpaid contracts or broken leases.

2. Tort (Personal Injury or Rights Violations) - Cases where one person's actions cause harm to another's body, property, or rights. Includes accidents, defamation, or human-rights cases like torture.

3. Property (Ownership and Use) - Disputes over owning, using, or damaging land or belongings, like boundary issues or property damage.

The type of civil case most likely to be used to find remedy for a human rights violation (Know)

Tort case - used to seek compensation for injuries from illegal acts like torture or wrongful death.

The purpose of the International Criminal Tribunal for the Former Yugoslavia (ICTY) (Know)

To prosecute war crimes, crimes against humanity, and genocide from the Yugoslav Wars.

The name of the person who was last tried by the ICTY, the charges against him, the verdict on those charges (Know)

Ratko Mladić – charged with genocide and war crimes; convicted and sentenced to life imprisonment.

Years of operation for the International Criminal Tribunal for the Former Yugoslavia (ICTY) (Know)

1993 - 2017.

1. What were the basic facts of Bidegain v. Vega (what, where, and when)? (Know)

The case stems from the 1985 siege of the Palace of Justice in Bogotá, Colombia, when members of the M-19 guerrilla group took over the Supreme Court building. The Colombian military retook the building, resulting in hundreds of deaths, including Magistrate Carlos Horacio Urán Rojas.

The plaintiffs, his daughters (Helena Urán Bidegain and others), allege that Luis Alfonso Plazas Vega, a former Colombian Army lieutenant colonel, tortured and executed Magistrate Urán during the operation.

They filed suit in the United States under the Torture Victim Protection Act (TVPA), claiming extrajudicial killing and torture.

2. What was the legal basis for bringing Bidegain v. Vega? (Know)

The plaintiffs sued under the Torture Victim Protection Act (TVPA), 28 U.S.C. § 1350 (note), which allows civil claims in U.S. courts against individuals acting under foreign authority for torture or extrajudicial killings.

A central issue was whether plaintiffs had exhausted adequate and available remedies in Colombia, as required by the TVPA before a U.S. court can hear the claim

3. In what court was Bidegain v. Vega heard, and who was the judge? (Know)

Heard in the U.S. District Court for the Southern District of Florida before Judge Rodolfo A. Ruiz II, decided on June 18, 2024.

4. What motions were before the court in Bidegain v. Vega? (Know)

Both sides filed cross-motions for summary judgment on whether the plaintiffs had exhausted local remedies in Colombia, as required by the TVPA. The defendant argued that the plaintiffs still had remedies available, including:

1. Civil Lawsuit (Article 2341 of the Colombian Civil Code): A private wrongful death action that allows victims to sue individuals for damages resulting from unlawful acts.

2. Administrative Claim (Article 90 of the Colombian Constitution): A process to obtain compensation from the Colombian government when harm is caused by state agents acting in their official capacity.

3. Criminal Case Expansion (Urán Criminal Case No. 8110): A victim-initiated request to have additional suspects—such as Vega—formally included in the ongoing investigation into Magistrate Urán’s death.

4. Civil Reparations in Criminal Proceedings (Articles 102–106 of the Code of Criminal Procedure and Articles 90–99 of the Criminal Code): A mechanism allowing victims who are civil parties in a criminal case to seek monetary compensation as part of that prosecution.

5. What was the court's decision in Bidegain v. Vega? (Know)

Judge Rodolfo A. Ruiz II denied the defendant’s motion and granted the plaintiffs’ motion. The court held that:

1. The civil lawsuit under Article 2341 was not available because the plaintiffs had already joined the criminal case as civil parties, which legally prevented them from filing a separate civil action.

2. The Article 90 claim could only target the Colombian government, not Vega personally, and had already been pursued successfully in 1995.

3. Victims had no legal authority to expand a criminal case to add new defendants.

4. Sisters could not recieve civil reperations because the investigation had been stalled for over a decade with no progress or charges against Vega.