global crim
1. What are war crimes?
- Crimes committed by individuals and states during the times of armed conflict and crimes of international aggression by the state
2. Name two different arguments in support of a claim that law of war does not exist?
- Position 1
o War is not right or wrong, its about success or failure
- Position 2
o War is never justifiable
3. Please, briefly describe the just war theory.
- Under certain circumstances, war is justified
- ‘codes of war’
- Just cause vs. just means
4. What is the distinction between “just cause” and “just means”?
- Just cause
o When it is acceptable to go to war, defined by the UN charter (self-defense or authorization); domestic procedures
- Just means
o The way war is fought once its started What soldiers and commanders can do, defined by Geneva Convention
5. What international legal documents define “just cause” and “just means” in war?
- Just cause, UN Charter
- Just Means, Geneva Convention
6. What are the four elements of “just cause”? Please define each briefly.
- Just authority
o Only just and legitimate political entity can initiate war
- Just cause
o The reason (self defense, provocation, support of an ally)
- Just intention
o Sticking to the original cause and withdrawing once it is achieved
- Last resort
o War is morally permissible only when there are no other ways to achieve the just cause
7. What is the “just intention” part of “just cause”?
- Sticking to the original cause and withdrawing once it is achieved
8. Why is the legality of Vietnam war questioned?
- No legal declaration of war be the president
- The Vietnam war wasn’t popular.
- Americans questioned moral grounds for the war, appalled by the devastation and violence of the war, lacked clear objectives
9. Why does US not declare wars anymore?
- Importance of secrecy and quick action in the cold war era
- Ability to pass congress.
- Flexibility in regards to rules
10. What is American exceptionalism (please reference three elements of this concept)?
- Sets of beliefs
o Because United States possess unique military and economic power
o It has obligation to protect liberty and human rights worldwide
o And there fore can be occasionally excused for violating international norms
11. Where did the idea of American exceptionalism come from? Please name some public actors and intellectuals who promoted it.
- Idea coined by Alexia de Tocqueville in 1831
- Ronald Reagan further discussed with city on hill idea
12. What are some arguments in favor of American exceptionalism?
- America is the wealthiest country (prolonged periods of prosperity)
- Biggest military yet no conflict on own land since Civil War
- Role in eradication of hunger (poverty in general)
- Role in eradication of preventable diseases
- Role in building international cooperation
- Peace-keeping missions
13. What are some arguments against American exceptionalism?
- Function of power
- America doesn’t behave better than other nations do
- Americas success is not due just to its virtues
- Roots for American Exceptionalism are in European tradition
- Not a current leader in women or gay rights, support for unsavory dictatorship
- US contribution to world peace is overstated
14. What are some examples of American exceptionalism in international politics?
- Biggest military but not having conflict on own land since Civil War
- Didn’t give retribution in Japan because seen as important military force, other country would have ICC, because America left alone, specifically targeted innocent civilians
- 2003 invasion of Iraq, ICC lays out ways war starts legally, stated weapons of mass destruction, none was true they weren’t found, Colin Powell making connections
15. What are the International Criminal Tribunals? Please give two examples.
- Investigate crimes against humanity, courts that established for specific case due to how complicated the cases are
- After the case the tribunals are dissolved
- Tribunals of Rwanda and Tribunal for Yugoslavia
- Until 2002 to have permanent court instead of creating courts over again established ICC, will do genocide, war crimes, and crimes against humanity
16. What is the mission of the International Criminal Court and how is it different from the International Criminal Tribunals?
- ICC permanent and Tribunals are created for specific cases
17. How do US officials explain the reluctance to ratify the Treaty of Rome that establishes the International Criminal Court?
- Treaty signed to establish criminal court
- Standards were more aligned to what Europe to do, wasn’t aligned with American Exceptionalism
- They have more countries to help so more chances to help
- Was against constitution, puts us at disadvantage our chances of mistakes are higher
18. What are the three types of genocide identified by Raphael Lemkin?
- Ancient genocide
o Physical eradication
- Modern genocide
o Rid group of identity
- Contemporary genocide
o Combines ancient and modern.
19. What is the definition of genocide?
- Deliberate killing of group that shares identity characteristics of killing
o Race, ethnic , nationality, religious
o Attempts to completely eradicate group
o Threatens killing to turn into
20. What is the difference between genocide and war crimes?
- Defined by connect
- Usually to get land, take resources, not intentional at people
- Doesn’t account for the motive of the crime
21. Why is genocide a politically controversial issue?
- Term open to manipulation, invokes comparison to Holocaust
22. Please name 3 universally recognized instances of genocide.
- Nazi Holocaust, 1937-1938
- Rwanda , 1994
- Cambodian under Pol Pot, 1975-1979
23. What was the cause of the Rwandan genocide?
a. The Rwandan genocide was led by the Hutu ethnic majority, which had much political power, aimed at wiping out every member of the minority Tutsi ethnic group, as an effort to reinforce power dynamics between the Hutus and Tutsis
24. Please name three reasons why the international community did not intervene to stop the Rwandan genocide.
- International community didn’t know what was happening
- It was a civil war rather than genocide
- Nothing could be done
25. What are some non-military actions that could have mitigated the damage of genocide in Rwanda?
- Negotiations of cease fire
- Letting members of US embassy, keeping foreigners they were less likely to kill
- Jamming radio traffic
26. What was the cause of the genocide in Darfur?
- Civil war started hunting groups, original differences were economic, government supported forces trying to take land away
27. How was the flow of the genocidal activity different in Rwanda and in Darfur?
- Rwanda volcanic quick and intense, Darfur were tidal in waves of violence
28. Why was the US reluctant to recognize that genocide was taking place in Darfur?
- The US was reluctant to recognize the genocide in Darfur because it considered Sudan a key partner in the war on terror and worried that going against Gosh and other Sudanese officials would lead to a disruption in cooperation on counter-terrorism.
29. What evidence do the authors use to show that what happened in Darfur was genocide?
- Identified key indicators of genocide (use of racial epithets), the strategic geographic locations that were targeted, and the sexual victimization and general victimization.
- They also used interviews with refugees which indicated a high racial element to the killings.
30. Why is rape so prevalent in genocide?
- beyond its role of asserting the power of the perpetrator over the victim, serves to "mix the blood" of the group, ensuring the offspring created through the rape are racially/ethnically mixed with the out-group members.
31. What role has the fight against drug trafficking played in the formation of the international criminal justice system? Why?
- Established more communication
- Mainly affects rich countries so that’s why they made it strong for
32. Why is the demand for drugs in wealthy countries satisfied through imports?
- Easier to grow and manufactures drugs with more police corruption
- Cheaper to make, forced labor
- Need specific climate, temperature, terrain
33. What is the war on drugs?
- Nixon declared, created the DEA
- Linking marijuana and black people to get white voters from fear
- Cops went into black inner city neighborhoods
- Drugs now contributed with black/brown people
34. What were some of the domestic consequences of the war on drugs?
- • Mass incarceration of minorities - boom in prison population
- • Racialization of the modern criminal justice system.
35. What caused the structure of the drug trade to change in the late 1980s-1990s?
- Globalization, interconnection of boarders, more connections between different organizations, use to be more centralize controlled by cartels , war on drugs can play into it
- Development of synthetic drugs, meth/acid, can be made in backyard is easier to hide and cheaper to make, less reliance on drug traffic
36. How has globalization affected international drug trade?
- It has facilitated larger drug supply by improving efficiency and opening up more opportunities and has made government action against the drug trade even more ineffective, because drug flows so numerous.
- Because of globalization, the drug trade is by far the most profitable global crime and is used by most large-scale organized criminal groups as a source of income/ profit
37. Where does heroin come from and why?
- Traffics out of Afghanistan and Myanmar for world
38. Why has Afghanistan emerged as a primary source of heroin worldwide?
- A failed state and geography
- Extreme poverty and lack of employment opportunities
- Weakened with conflict no effective central government
- Instability and lawlessness, mountainous terrain
- Went to Soviet to US influence, destabilized
39. Where does cocaine come from and why?
- South America
o Traditional use of coca leaves
o Invention of crack cocaine fueled demands.
o Large scales enterprise due to development of new transportation techniques and growing demand
40. What are cartels?
- An illicit consortium of independent organizations formed to limit competition and control the production and distribution of illegal drugs
41. How has socio-political situation in Colombia create preconditions for the rise of cocaine cartels?
- The country's history of political instability, economic inequality, and weak state institutions created a fertile ground for illegal activities
42. Name three characteristics that distinguish Medellin cartel from other criminal syndicates.
- Community saw him as a hero, Robin hood personae
- Transportation revolutionized the mode of cocaine
o Led to airplanes and submarines of cocaine, engineered to help ship large quantities
- Had political ambitions, had visibility, manipulated politics
43. How has Medellin cartel revolutionized drug trade?
- The mode of cocaine to united states, went from sleets of aircrafts to semisubmersible vessels
- Hired engineering experts from Russia and US to help design to secretly ship large quantities of cocaine to the United States
44. Who is Pablo Escobar? What was he like?
- Seen as hero who helped around community
- Plata Y Plomo, money and led/I own you or bullet
45. Why was it so important for Medellin cartel to fight extradition?
- Didn’t have as much control on government or his punishment, could intimidate to avoid arrest in Colombia
46. What are the main differences between the Medellin and the Cali cartels?
- Didn’t have political aspirations and wanted to be behind closed doors
- Brothers ran never seen or heard of, branched into other drugs
47. Please briefly describe three current events covered by student presentations OTHER than your group’s (one sentence for each).
48. Why does PKK carry out acts of terrorism in Turkey?
- Acts of terrorist, terrorist group
- Proclaimed goal is to get independence for Kurdish minority
49. What are some of the war crimes perpetrated by Russia in Ukraine, which have been documented by the international community?
50. Why was P Diddy able to carry out his crimes with impunity for years?
51. Why does Pornhub allow content involving minorities on its website?
52. Why do Russian bombings focus on Ukraine's historical buildings and monuments?
- Destroying their identities and unity
- Targeting symbolic places allows to race Ukrainian identity