international institutions in protecting human rights

• humanitarian intervention

  • international law concerned with human rights have been enforced - the was an increased trend after the end of the Cold War and the us rose as a global hegemony and the unipolar world order allowed them to act as a global policeman
  • seen in gulf war - states led by Bush tried to compel Iraqi forces from Kuwait, which was occupied under sadams regime
  • UN members voted to endorsed the r2p - states sovereignty was conditional upon its ability to protect citizens human rights
  • liberal principle of global community
  • Kosovo - pinnacle of humanitarian intervention
• humanitarian intervention counter

  • several mission failures - large loss of life - steady decline in intervention
  • UN workers killed in Gaza by IDF - Rwanda UN staff railed to prevent massacre of 800,000
  • The UN focus did not have manpower nor the mandate to prevent this and by the time reinforcements came - it was over
  • Criticised for upholding double standards, not uncommon that countries only intervene for economic advantage - Iraq war
  • China not held accountable for human right violations - due to being part of UNSC and a trading partner - realists self interest
• tribunals

  • further way that the international community seeks to protect human rights is through their enforcement by special tribunals
  • special tribunal is a criminal court ad - hoc by the UN
  • Precedent established for the ICC due to 4 UN war crimes
  • Yugoslavia - 121 individuals convicted and 62 people convicted at Rwanda tribunal
  • effective method of punishment and also act as a deterrent, national leaders are aware that they can and will be held accountable for their actions on an international level
• tribunals counter

  • criticised for being biased and inconsistent
  • Rwanda only convicted Hutus while the Tutsi were never investigated
  • Serbia too criticised the tribunal for the former Yugoslavia for being biased - only focused on crimes committed by the serbs and not the crimes they had to endure
  • bias of the tribunal, being unwilling to asses the crimes of all parties involved
  • US still not held accountable for continually rested calls from the UN to close down Guantanamo Bay prison
• ICC

  • ICC established to replace special tribunals
  • this was mainly due to the sheer cost of these tribunals, with their proceedings accounting for over 10% of the UN budget
  • ICC established by the Rome statute
  • hold proceedings with national courts aren't willing to do
  • 2016 - congo Jean Pierre Bemba sentenced for deploying sexual violence as a weapon of war
  • icc keeps unsc involvement to a minimal due to being able to delay prosecution
  • icc aim to prosecute and punish but also to deter future human rights abuses
• icc counter

  • lack of power and being used as a political tool of the west
  • The icc lack both credibility and enforcement power
  • Rome statue - USA and Russia did not accept the ICC
  • this entails 70% of the worlds population outside the jurisdiction
  • ICC depends on member states to arrest and transfer defendant
  • Omar - al bashir - Sudan president had case dropped
  • ICC has bias - only convict africans - European style justice to African defendants leading some to claim that africans are the sacrificial lambs in the struggle for global legitimation - African Union also discourage participating,