Study Guide Intl Law

 Study Guide

I. Overview of UN Enforcement Mechanisms

The UN enforces human rights through different mechanisms that vary in their level of intrusiveness, consent requirements, and impact on sovereignty.

A. Soft Intervention (Least intrusive, requires consent)

  • Mechanisms:

    • Universal Periodic Review (UPR)

    • UNGA resolutions denouncing specific states

    • Investigations by UN Human Rights Council (UNHRC)

  • Impact:

    • Was once seen as intervention; now common practice

    • Threatens sovereignty by pressuring states to act

  • Consent Required? Yes

  • UN Troop Presence? No

B. Peacekeeping Missions (Moderate intrusion, requires consent)

  • Definition: UN-led operations based on host-state consent to restore/maintain peace

  • Key Features:

    • Often involve humanitarian action

    • Deploy UN troops but only with host country’s approval

    • Falls between soft and hard intervention

  • Examples:

    • Bosnia (1990s) – failed to prevent Srebrenica massacre

    • Rwanda (1994) – mission severely limited, unable to stop genocide

  • Consent Required? Yes

  • UN Troop Presence? Yes

C. Hard Intervention (Most intrusive, does not require consent)

  • Definition: Coercive use of force under Chapter VII of the UN Charter

  • Also known as "Humanitarian Intervention":

    • Use of force across borders to prevent or stop massive human rights abuses

    • Conducted without host state consent

  • Examples:

    • Iraq 1991 – First case linking internal repression to international peace & security (UNSC Res. 688)

    • Haiti 1994 – US-led intervention to restore democracy

  • Consent Required? No

  • UN Troop Presence? Yes

II. Case Studies: Successes & Failures of Humanitarian Intervention

A. Successes

  1. Iraq (1991) – Turning Point

    • First time internal human rights violations were framed as a threat to international peace & security

    • UNSC Resolution 688: Condemned Iraq’s repression of Kurds, setting a precedent for future interventions

  2. Haiti (1994)

    • UN authorized US-led intervention to reinstate democratically elected President Aristide

    • Demonstrated how UN intervention can be effective with major power backing

B. Failures

  1. Bosnia (1990s) – Srebrenica Genocide

    • UNSC declared "safe areas" for Bosniaks

    • But troop deployment was insufficient (needed 34,000, but only a few thousand sent)

    • 1995: 8,000+ Bosniak men & boys massacred in Srebrenica

    • One of the worst genocides in Europe since WWII

  2. Rwanda (1994) – Genocide

    • UN peacekeepers limited to observation, no power to stop killings

    • US, France, Belgium evacuated their own citizens but did not intervene

    • 800,000+ Tutsis & moderate Hutus killed in 100 days

    • UNSC withdrew 90% of peacekeepers instead of reinforcing the mission

  3. Darfur, Sudan (2000s)

    • China & Russia blocked strong UN action (China had oil interests in Sudan)

    • 2007: UN-AU peacekeeping mission (UNAMID) deployed, but only with Sudan’s consent

    • 300,000–400,000 killed before conflict ended

III. Why Does Humanitarian Intervention Fail?

  1. Strategic Interests of Powerful States

    • US failure in Somalia (1993) led to US reluctance to intervene in Rwanda (1994)

    • China’s oil interests in Sudan led to blocking action on Darfur

  2. Lack of UN Enforcement Power

    • No standing UN military force → relies on member states to provide troops

    • If major powers refuse to act, UN cannot act (e.g., lack of troops in Srebrenica, withdrawal from Rwanda)

  3. Geopolitical Interests > Human Rights

    • Strategic vs. non-strategic states:

      • Iraq & Haiti = strategically important → intervention occurred

      • Rwanda & Darfur = no major global interests → no strong action taken

IV. "Legitimate but Illegal" Humanitarian Interventions

  • Some interventions occur without UN authorization but are justified on moral/humanitarian grounds

  • Examples:

    • Vietnam (1978) → Cambodia (to end Khmer Rouge rule)

    • Tanzania (1979) → Uganda (to depose Idi Amin)

    • NATO (1999) → Kosovo (to stop ethnic cleansing)

  • Kosovo Commission (2000): Labeled NATO intervention "legitimate but illegal"

    • Justified by humanitarian emergency

    • BUT violated international law on use of force (no UNSC approval)

V. International Law & Sovereignty Tensions

A. Sovereignty vs. Human Rights

  • Internal sovereignty → state’s control over domestic affairs

  • External sovereignty → state’s independence from outside interference

  • UN Charter (Art 2(7)): Prohibits intervention in a state’s internal affairs

  • UN Charter (Art 55): Promotes human rights internationally

  • Humanitarian intervention weakens state sovereignty → justifies external interference

B. Kosovo Advisory Opinion (ICJ, 2010)

  • ICJ ruled Kosovo’s declaration of independence did not violate international law

  • But did not affirm a legal right to secession

  • Key takeaway: Territorial integrity applies between states, not within them

VI. The International Criminal Court (ICC)

A. Overview

  • Independent court (not part of UN)

  • Created by Rome Statute (2002)

  • 125 states are parties (as of 2025)

  • US signed but never ratified

B. Jurisdiction

ICC can prosecute crimes committed after 2002 if:

  1. Crime committed on the territory of an ICC member state

    • Example: Palestine

  2. Crime committed by a national of an ICC member state

    • Example: Ukraine

  3. Referred by UNSC

    • Example: Sudan (Darfur genocide, 2009 ICC indictment of Omar al-Bashir)

C. Limitations

  • Cannot try individuals in absentia

  • States must cooperate in enforcing arrest warrants

  • Relies on state compliance → can be ignored by powerful actors

1. Law of the Sea & Russia-Ukraine Conflict

  • Exclusive Economic Zones (EEZs):

    • Ukraine and Russia both claim EEZs around Crimea.

    • The 1982 United Nations Convention on the Law of the Sea (UNCLOS) defines EEZ rights, but Russia’s annexation of Crimea complicates jurisdiction.

    • Russia enforces its EEZ claims by restricting Ukrainian access to the Kerch Strait and the Sea of Azov.

    • Ukraine argues these actions violate UNCLOS and undermine its maritime rights.

2. Laws Regarding Use of Force & Russia-Ukraine Conflict

  • UN Charter Article 2(4): Prohibits the use of force except in self-defense or with UN Security Council authorization.

  • Russia’s Justifications:

    • Claimed intervention to protect ethnic Russians (similar to NATO’s Kosovo intervention).

    • Framed annexation of Crimea as self-determination, referencing ICJ Kosovo advisory opinion (though ICJ did not establish a right to secession).

  • International Responses:

    • UNGA Resolutions: Declared annexation illegal, reaffirmed Ukraine’s territorial integrity.

    • ICJ & ICC investigations: ICC investigating war crimes; ICJ ruling on genocide allegations.

3. Trade Law & Russia-Ukraine Conflict

  • Sanctions as Economic Warfare:

    • WTO rules allow trade restrictions for national security (Article XXI GATT).

    • Sanctions imposed by US, EU, and allies restrict Russian access to international financial systems.

    • Russia argues these measures violate free trade principles.

  • Russia’s Counters:

    • Retaliatory bans on Western imports.

    • Strengthened trade ties with China, India, and BRICS nations.

4. Human Rights Law & Russia-Ukraine Conflict

  • War Crimes & Humanitarian Law Violations:

    • Fourth Geneva Convention: Protects civilians in war zones; reports of attacks on civilians raise war crime allegations.

    • European Court of Human Rights (ECHR) cases against Russia.

  • Forcible Transfers of Ukrainian Civilians:

    • Violate Rome Statute of the ICC (war crimes, crimes against humanity).

5. Issa Sesay Case (War Don Don) & International Criminal Law

  • Background:

    • Issa Sesay, former Revolutionary United Front (RUF) commander in Sierra Leone, convicted by the Special Court for Sierra Leone (SCSL) for war crimes.

    • The trial highlighted tensions between individual accountability and systemic factors in armed conflicts.

  • Key Legal Issues:

    • Command responsibility: Leaders can be held accountable for crimes committed by subordinates (like in ICC, ICTY, ICTR cases).

    • Fair trial concerns: Sesay’s defense argued that he was following orders and later cooperated with peace processes.

  • Significance:

    • Set precedent for prosecuting war crimes by rebel leaders.

    • Illustrates broader debates over justice vs. reconciliation in post-conflict societies.

6. Importance of UN Charter Article 55 & UNSC Resolution 688

  • Article 55 (UN Charter):

    • Expands UN’s role in human rights promotion, linking it to international peace & security.

    • Provides legal basis for humanitarian interventions and global governance.

  • UNSC Resolution 688 (1991):

    • First resolution to explicitly link internal human rights violations to threats to international peace and security.

    • Justified humanitarian intervention in Iraq’s Kurdish region after Saddam Hussein’s repression.

    • Set precedent for later interventions (e.g., Kosovo, Libya).

7. Laws Related to Intellectual Property Rights (IPRs) & Health Rights

  • TRIPS (Trade-Related Aspects of Intellectual Property Rights):

    • WTO agreement protecting patents, including for pharmaceuticals.

    • Often criticized for restricting access to essential medicines.

  • ICESCR (International Covenant on Economic, Social and Cultural Rights):

    • Recognizes right to health (Article 12).

    • Supports arguments for overriding patents to ensure access to life-saving drugs (compulsory licensing).

  • Debate:

    • Developing countries argue that TRIPS should not prevent affordable medicine access.

    • COVID-19 vaccine distribution reignited debates over IPR waivers.

8. ICJ Ruling on Kosovo’s Declaration of Independence (2010)

  • Key Findings:

    • Kosovo’s unilateral declaration of independence did not violate international law.

    • Territorial integrity applies between states, not to internal secession movements.

    • The ICJ did not rule on whether Kosovo had a “right” to secede under international law.

  • Implications:

    • Used as a precedent by other separatist movements (e.g., Russia invoked it for Crimea, despite key differences).

9. Basics of the UN Universal Periodic Review (UPR) Process

  • What is it?

    • A peer review mechanism of the UN Human Rights Council (UNHRC).

    • Reviews every UN member state for compliance with human rights obligations.

  • Process:

    • State report: Country submits a report on its human rights record.

    • Stakeholder input: NGOs, civil society groups contribute.

    • Review session: Other states question and make recommendations.

    • Outcome report: Recommendations issued; states may accept or reject them.

  • Significance:

    • Pressures states to improve human rights compliance.

    • Non-coercive but still a form of “soft intervention” under Article 55 UN Charter.