human rights and environmental

• Key info on the ICJ:

  • AKA The World Court
  • Judicial agency of the UN
  • Permanently sits in The Hague, in the Netherlands
  • Established by the Charter of the UN, began operation in 1946
  • 15 judges representing global community
• Functions of the ICJ:

  • Settles legal disputes submitted by states
  • Settle disputes between the UN’s member states
  • Advisory body on legal issues submitted by UNGA and other agencies
  • UNSC can be approached to enforce judgements (Article 94)
• Strengths of the ICJ:

  • Key to liberal project 
  • Establishes rules-based approach to global governance
  • ICJ provides arbitration which prevents armed conflict
  • liberals regard it as vital in establishing a more rules based approach to international affairs. Rather than resorting to war, cases can be submitted to the ICJ for arbitration. 
  • Possesses great moral authority
  • Nation-states can be unwilling to question ICJ rulings
• ICJ Case study: Mali/Burkina Faso 1986 - ICJ split disputed Agache Strip between the two states, with both indicating they supported the decision
• ICJ Case study:

  • Honduras/El Salvador 1992 - ICJ successfully confirmed the status of bolsones (disputed areas), and states have had cordial relations ever since
• Limitations (overview)

  • Governments have not entrusted it with decision-making in their own disputes.
  • It cannot initiate cases and can only try cases that are presented to it
  • ‘option clause’ enables states to choose whether or not to be subject to rulings prior to them, and rulings are seen as advisory anyway
  • UNSC veto undermines ICJ rulings
  • Its liberal principles conflict with realist state egoism
  • The efficacy of the ICJ is reliant on the complete cooperation of the member states and when this doesn’t happen, then the ICJ is powerless as the ICJ can’t enforce its rulings.
• ICJ Case study: 1994 dispute over Bakassi peninsula between Nigeria and Cameroon meant ICJ ruled that it belonged to Cameroon in 2002. Conflict from 2006-2009 over this decision from Anglophone residents who wanted to be part of Nigeria.
• ICJ Case Study: 1986 - ICJ rules that American intervention in Nicaragua, most notably in their funding of the ‘Contra’ movement, was unlawful. USA triggered option clause and ruled themselves as not subject to ICJ jurisdiction in this case
• The International Criminal Court is an IGO and international tribunal which has the jurisdiction to prosecute individuals for the international crimes of genocide, war and crimes against humanity.
• Origins and development of International Law

  International Law has its roots in the 1648 Treaty of Westphalia., which defined statehood, sovereignty and the rules and limits for state action. Since the French Revolution (1789), international law has been informed by the values of political liberalism and is seen as the 'mutual will of nations'. It facilitates coordination and cooperation between states in order to escape the insecurity and constant threat of war that is a key part of international anarchy.
• International Court of Justice.

  The ICJ is the principal judicial body of the UN and was created in 1945. It deals with legal disputes between states (submitted by states) and requests advisory opinions on legal questions referred to it by UN bodies. It consists of 15 judges who must be elected by a majority of votes in both the General Assembly and the Security Council. Each judge serves a nine-year term. The make-up of the Court is representative of the regions of the globe, but the Court has always included a judge from each of the P-5 countries.

  
• The International Criminal Court


  The International Criminal Court is an IGO and international tribunal which has the jurisdiction to prosecute individuals for the international crimes of genocide, war and crimes against humanity.

  
• Special UN tribunals
• European Court of Human Rights
• 1948 Universal Declaration of Human Rights.

  
• Humanitarian intervention


  a means to prevent or stop a gross violation of human rights in a state, where such state is either incapable or unwilling to protect its own people, or is actively persecuting them

  
• Factors defining the success of humanitarian intervention:

  Feasibilityan the intervention meet its goals? If so, how long will it take? What is the likely cost to human life? If a crisis is intractable and open ended, will you walk away and accept defeat?

  Ill-thought out interventions have caused more violence e.g. if new military equipment is introduced it can fall into the wrong hands leasing to yet more fighting (UN initial involvement in Bosnia, US supporting mujahideen against the Soviet Union)
• Factors defining the success of humanitarian intervention:

  Robust mandate Mandate: the authority to carry out a policy. Are you willing to mandate peacekeepers to exercise sufficient force?Requires UNSC authorising “use all necessary means” - this is a high barNo half measures should be taken - if military force is needed then intervening powers need to be fully committed to success.
• Factors defining the success of humanitarian intervention:

  Commitment to nation-building. HI without commitment to nation-building is unlikely to be successful because states under brutal dictators or those that have descended into anarchy will not possess political heritage or viable organs of govt to ensure stability and rule of law. These institutions (e.g. free press, courts, potentially elections) can be fragile and must be protected by the intervening power. Without a subsequent commitment to nation-building, HI may in fact do more harm than good
• Factors defining the success of humanitarian intervention:

  Legitimate governmentWhatever government is in place at the end of HI must be legitimate (what this means is not always clear!). They should ideally have the support of a majority of the population, the international community, and key players within and around the country (e.g. military, neighbours, etc).
• Humanitarian Intervention - First Gulf War (1991)


  first major intl crisis after the Cold War. President Bush spoke of a 'New World Order' based on global cooperation. Iraqi invasion of Kuwait and brutal suppression of Kurds leads to 350,000 refugees fleeing to Saudi Arabia and UN resolution 688, which authorises 'Operation Provide Comfort'. France, UK and USA established 'no-fly zones'. Allied bombing led to civilian casualties but deemed benefits outweighed costs.
• Humanitarian Intervention - Somalia (1992-93)


  28,000 US troops sent to Somalia to curtail violence and anarchy of the civil war. President Bush: 'to end starvation', 'answer the call', 'get food through'. Battle of Mogadishu, 1993: 18 US Rangers killed. Impacted foreign policy of newly-elected President Clinton, who decided the risks to US servicemen were not worth taking. By 1993, only 1200 troops were left with the civil war still raging.
• Humanitarian Intervention - Bosnia - UN intervention (1992-1995)

  Bosnian Serb Army (VRS) proved to be the conflict's real aggressors. Indecision and conflict within UN, EU and US enabled VRS atrocities. UN peacekeepers created 6 'safe-haven' enclaves (United Nations Protected Areas). Not adequately protected - Srebrenica was one of the enclaves, and by the end of the war the VRS had attacked every enclave.
• Humanitarian Intervention - Bosnia - NATO bombing campaign (1995


  )Srebrenica massacre (1995) precipitated NATO airstrike campaign on 338 strategic Serbian VRS locations under 'Operation Deliberate Force'. This weakens the VRS and leads to the Dayton Accords ceasefire in 1995. 60,000 peacekeepers were transferred to Bosnia after the war. $1.65bn American civilian aid means US can assist in rebuilding Bosnian institutions.
• Humanitarian Intervention - Rwanda (1994)


  Two months before the genocide, Jacques-Roger Booh Booh, head of the United Nations Assistance Mission for Rwanda (UNAMIR), sent a cable to UN headquarters in New York.

  "increasingly violent demonstrations... political and ethnic killings." The US and the UK refused aid to support the peacekeeping mission at a crucial time in February 1994 for reasons of economy and focus on Bosnia. 800,000 Tutsis murdered by Hutu militias.
• Humanitarian Intervention - East Timor (1999)


  East Timor: Australian-led UN force able to operate in more robust terms of engagement.

  ANZAC troops trained in counter-insurgency and prepared to engage in aggressive policies against criminal gangs, establishing conditions necessary for free elections. 5500 Australian troops deployed, without which UN involvement would not have been successful.
• Humanitarian Intervention - Kosovo (1999)


  Serb atrocities were committed against Kosovar Albanians to suppress calls for independence. NATO bombing, combined with threat of NATO ground offensive, forced Milosevic to hand over Kosovo to NATO. Amnesty accuse NATO of war crimes due to indiscriminate bombing, including the killing of 3 Chinese journalists in the bombing of Belgrade in 1999.
• reasons for selective interventionism: Legitimacy


  ++++Ability to claim legitimacy key to HI

  Ensures support of international and regional actors

  ----Doubts over legality undermine HI, meaning public support less likely to endure losses. May provoke counter measures and military responses
• reasons for selective interventionism: Leadership


  ++++Role of powerful opinion-forming states is vital! World leader's initiative (moral or strategic case) leads to international consensus

  -----Lack of leadership makes it hard to mobilise support - good intentions can be thwarted by UNSC. Without major players humanitarian disasters might be ignored or side-lined.
• reasons for selective interventionism: Media Coverage


  (‘the CNN factor’)+++Media coverage may shock public opinion ('something must be done').

  ---Insufficient media attention may mean lack of public pressure on politicians. Failings/lack of media contributed to failings in Rwanda.
• reasons for selective interventionism: National Self-interest

  +++Humanitarian disasters may threaten national security, especially if they are geographically close (overspill of conflict, refugee crises).

  ----Distance makes problems easier to ignore. Sometimes, the existence of other major players may make your own intervention less likely. Kissinger: we can't help everyone, so pure altruism would be a disaster!
• Humanitarian Intervention -Sierra Leone (2000)


  1990s brutal civil war. RUF is responsible for widespread atrocities . British troops carry out highly mobile operations againsts RUF and West Side Boys. Criminal gangs no match for the British Army, allowing the Sierra Leone government to crush the rebels. British troops remained to train SL's armed forces. 2001 RUF agreed to disarm.
• Humanitarian Intervention -

  Afghanistan (2001-2021)Primarily launched after 9/11 with NATO Article 5 triggered. Invasion followed by attempts to est liberal democratic govt (in order to make the world safer from terrorism, end violation of women's rights by Taliban and create more tolerant society). However, western ideals ill suited to Afghan culture whilst 'war on terror' tactics alienated local population due to murderous nature of US tactics alongside widespread corruption in the new govt and Afghan police force. 2021 US troops withdrawn triggering collapse of new state and return of Taliban rule.
• Humanitarian Intervention - Darfur (2003-)


  Darfur claims independence from Sudan. Government forces sent in to crush separatists. Accusations of genocide followd with 300k dead and 5 million displaced. UNSC dithered. China wary of condemning Sudan for genocide due to signficant economic interest in the country. UN/AU peacekeeping mission followed in 2007 but Darfur's size, remoteness and lack of infrastructure hampered operations. 2001, Sudan govt condemned UN/AU attempts to 'interfere in the internal affairs'. Still no clear agreement on the future status of Darfur.
• Humanitarian Intervention -Cote d’Ivoire (2011)


  President Gbagbo refused to accept general election results, provoking political crisis and pushing country toward civil war. UNSC mandated the French Army to destroy Gbagbo's military capabilities. UN observers to the general election provided legitimacy to the UNSC resolution. Cote d'Ivoire = relatively compact and easily accessible to French troops by coast line. Gbagbo arrested, legitimate government took power, peace and stability created.
• Humanitarian Intervention - Libya (2011)

  Arab Spring triggers uprising against dictator Gadaffi. Bloodshed followed as Gadaffi repressed political opposition. UNSC resolution 1973 to protect Libyan civilians. NATO bombings followed. Gadaffi captured and killed. However, resultant power vacuum filled with Islamists (inc ISIS) and other rebel groups. Libya collapses into a failed state by 2016.
• Blair Doctrine (1997)


  "This is a just war, based not on any territorial ambitions but on values. We cannot let the evil of ethnic cleansing stand. We must not rest until it is reversed." Ethical foreign policy based on both strategic self-interest and universal human rights
• Clinton Doctrine (1998)


  "Genocide is in and of itself an issue of national interest where we should act... and if we can stop it, we will stop it"
• UN Responsibility to Protect (2005)

  Following Kosovo, Annan argued that states could now no longer claim absolute authority over the citizens. Sovereignty was 'conditional' upon protecting human rights. If a state fails in its duty to uphold rights then responsibility passes to the international community. Endorsed at UN World Summit, meaning UNSC should be prepared to authorise HI where atrocities occur
• The UN Framework Convention on Climate Change.

  Signed in 1992, theUnited Nations Framework Convention on Climate Change(UNFCCC) is the foundational treaty that has provided a basis for international climate negotiations since it was established, including landmark agreements such as theKyoto Protocol(1997) and theParis Agreement(2015). The Convention has been ratified by 197 states who have committed to act on climate change and regularly report on their progress.