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HUMAN RIGHTS - Coggle Diagram
HUMAN RIGHTS
key terms
human rights
universal human rights
international law
international court of justice
international criminal court
international law and institutions
international law = not codified - number of sources
treaties and conventions
international customs
general principles of law
judicial decisions
legal writings
ICJ - 1945 main arbitration organ of UN
disputes between member states of UN + makes judgments on issues brought to it by UN organisations/agencies
ICC
rome statute 1998 - came into force 2002
role: investigates and trails individuals who have been accused of horrific crimes - crimes against humanity
permanent court that replaces ad hoc tribunals - yugoslavia, rwanda
acts as deterrence
works in addition to national courts
weakness - USA, china and russia not signed up
tribunals
yugoslavia + rwanda - punish perpetrators
set up in response to genocide - 1990s
ECHR
set up 1949 response to holocaust
promote human rights
47 members
ECJ: court of last resort 1959
court's rulings not directly enforceable
impact on sovereignty
reduces state sovereignty - involvement of other states in national affairs
treaty of westphalia
sovereignty is at heart of a state
therefore remarkable that global governance organisations do achieve greater good
strong feeling other states should not involve in another states affairs
rise of humanitarian intervention
WW2 catalyst for HR protection - cold war made practical help impossible
russia rise in power made it difficult for the UNSC to sanction humanitarian intervention missions
end of cold war - emergence of new liberal thinking that justified intervention
failures - srebrenica 1995, rwanda 1994, somalia 1995
success - sierra leone 1999 + 2005 - peace deal implemented end civil war and start disarmament
human rights
universal and unalienable
WW2 led to prioritising of HR and the universal declaration of HR 1950
key issues of these institutions in dealing with human rights:
sovereign states have rights - principle other states should not intervene
many states feel moral obligation to intervene if a catastrophe is taking place
post holocaust - growing pro-intervention feeling
forcible humanitarian intervention assumes universal moral absolutes
western intervention seen as form of cultural imperialism
some states use intervention to increase power and further interests
not guaranteed to make situation better
goes against principles of state sovereignty - interfering in internal affairs
seen as contravening just war theory - war not a last resort
reasons for selective interventionism, R2P, conflict with state sovereignty
practical difficulties with launching interventions
syrian civil war 2011 - difficult for western forces to directly involve themselves
domestic pressure resisting intervention
intervention = form of neo-colonialism - western states imposing values
facade - western countries invade and exploit other countries
2003 - iraq invasion, not justified, USA self interest - not WMD
situation not improved - same happened again in 2011 libya, gddafi
R2P
2005
sovereignty is conditional upon the protection of citizens
if state fails to do this intervention is justifiable
places emphasis on sovereignty coming with responsibilities
alleged western double standards
USA - preaching democracy and human rights but also overthrowing democratically elected governments and supporting military regimes
fearful of communist expansion post WW2 - willing to support dictatorships thats were anti-communist
USSR greater threat to USA + soviet expansion needed to stop
double standard still today - hypocritical - guantanamo bay + abu gharib prison in iraq
enhanced interrogation techniques - essentially torture
west meant to represent liberal values of democracy - countries ignore these values when dealing with other countries if it suits national interest