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UN founding was to protect people from ‘scourge of war’ and focus on soft power
Nye
Obama Cairo speech 2009
UNSC is less relevant when it comes to superpowers engaging in conflict
Iraq war 2003 US and UK bypassed UNSC
Russia’s annexation of Crimea 2014 and invasion of Ukraine 2022
creation ICC shows heads of states can be held accountable for human rights violations
Arrest warrant issued for Putin 2023
Duterte arrested in 2025 for human rights violations in Philippines in relation to drug crack downs
ICC has very limited jurisdiction
Russia, China, US don’t accept ICC jurisdiction
70% of world population is outside jurisdiction
WTO has limited economic conflict and made trade more predictable
Australia average tariff 0.9%
dispute resolution system
Trump administrations have led to increased economic conflict
blocked appointment of new judges in first term
Trade war with 10% tariffs on EU and total of 145% tariff on China
establishment of an international standard of human rights
UDHR 1948
protects rights like freedom from discrimination and torture
UDHR is seemed to be too Western or Eurocentric
Article 27 - right to own property, goes againist socialist values so USSR didn’t sign it
Focus on individual rights not collective rights which align with Asian Values
Bangkok Declaration
Use of the UN to endorse intervention and protect human rights has been successful
intervention in East Timor has a strong mandate after UN resolution 1264
intervention in Libya had a robust mandate after UN resolution 1970 and 1973
structure of UNSC has limited humanitarian intervention and protection of human rights
Russia used their veto as a member of the P5 3 times to block intervention in Syria under the Assad regime
ICC has a strong membership
125 countries have signed and ratified the Rome Statute 1998
including all of Europe and South America
international courts create an expectation that justice will be served for victims and against those that commit human rights violations
61 people were convicted as part of the Rwandan Genocide special tribunal
special tribunals were slow to be set up
human rights violations in Cambodia committed between 1975-79 but the trials didn’t begin until 2006
intervention is especially effective when their is a commitment to nation building
Bosnia 1999 - 1 peacekeeper for every 48 people
interventions can become discredited if their is no legal mandate
Iraq 2003
bypassed UNSC
after the end of the Cold War states felt obliged to intervene in the humanitarian crises (especially US as they were the global superpower)
intervention in Somalia 1992-93
intervention in Afghanistan 2001-21 (after 9/11 attacks)
failed interventions mean countries are less willing to intervene in human rights issues abroad
Somalia 1992-93 - failed because Somalia was already a failed state by the point of intervention and US troops weren’t trained in anarchic conditions
led to no intervention in the Rwandan Genocide 1994
example of a successful and legitimate intervention
East Timor 1999-2001
robust UN mandate 1264
established a legitimate government in 2001
and gained independence via a referendum in 2003
some countries are too powerful that preventing or stopping their human rights abuses are impossible
China’s abuses of the Uighur Muslims
1 million currently in detention camps
powerful states can be key actors in humanitarian intervention
UK and Sierra Leone in 2000
France and Ivory Cost in 2011 (due to colonial past)
multipolar or bipolar balance of power reduce interventions
since 2008 reduction US led intervention as the world became more multipolar
Increased power of Russia and China meant increased use of the veto (over Syria)
Rhetoric of unipolar period has continued
Clinton Doctrine 1999
Blair Doctrine 1999 - focus on international community and human rights being more important than sovereignty
continue with establishment of R2P 2005
interventions often fail because they don’t consider the importance of nation building
Iraq 2003
after intervention no Iraqi army, government or civil service
commitment to nation building improves chances of success of intervention
Balkans 1992-95 - 60,000 troops deployed to aid nation building
interventions fail if they lack commitment to success
Afghanistan 2001-21
Obama reduced troops from 100,000 to 8,400 in 2017
lack of resources and experience can lead to failure for interventions
Somalia 1992-93 - not feasible as Somalia was already a failed state
a feasible operation makes intervention more likely to succeed
Sierra Leone 2000
British troops crushed rebels as superior training made this feasible for British troops
Ivory Coast 2011
French military intervention to disarm Gbagbo’s military capacity after he refused to accept the defeat of the election
states now have to intervene in all cases of human rights abuses
R2P 2005 (never been used)
Western states only intervene when it benefits them
Blair said violence in Kosovo could quickly spread across Europe 1999
East Timor crisis could have led to possible refugee crisis for Australia
international law and courts help give victims justice for past human rights abuses
2012 convicted Thomas Lubangua Dylio
Congolese war lord sentenced for 14 years for recruiting child soldiers
ICC has arrested the majority of people from Africa (biased against African leaders)
only exception is Rodrigo Duterte (Philippines)
all 11 convictions have been from Africa
ICC relies on cooperation
couldn’t prosecute Kony (for war crimes in northern Uganda)
Al-Bashir (for war crimes in Sudan)
what did ICC bias lead to
South Africa and Burundi withdrawing
Rwandan special tribunal only delivered victors justice
only convicted Hutus not Tutsis
different commitment or interpretation of religious beliefs leads to cultural differences of human rights
Orthodox Church is Russia don’t accept gay rights
Saudi Arabia didn’t sign UDHR 1948 as they argue they should be able to punish apostasy