1INTERNATIONAL RELATIONS 2013–2014 Update Tenth Edition Joshua S. Goldstein Jon C. PevehouseChapter Seven: International Organization, Law, and Human Rights
2Southern Sudan rebels arrive for joint exercise with government, 2008. The two largest peacekeeping missions in 2012 were in the Darfur region of Sudan and Democratic Congo.In the Congo mission, 20,000 peacekeepers monitored a ceasefire and protected civilians after a civil war.In 2012, these UN peacekeepers proved weak when a rebel movement in the unstable eastern part of the country went on the attack, displacing civilians.A decade after the main war ended, such recurrent attacks proved vexing for UN forces.Southern Sudan rebels arrive for joint exercise with government, 2008.
37.1 Roles of International Organizations Anarchic nature of international system based on state sovereignty States work together Rules that govern most interactions in IR Agreed norms of behavior Power of international norms and standards of morality Shared norms and habits may not suffice to solve international dilemmas International organizationsDespite anarchic nature of international system based on state sovereignty, the security dilemma does not usually lead to a breakdown in basic operation among statesStates work together by following rules they develop to govern their interactionsRules that govern most interactions in IR are rooted in normsInternational norms are the expectations held by state leaders about normal international relationsAgreed norms of behavior, institutionalized through organizations, become habitual over time and gain legitimacyPower of international norms and standards of morality may vary when different states hold different expectations of what is normalWhen shared norms and habits may not suffice to solve international dilemmas, institutions play a key role
4NOT THE NORMLibya suffered for decades from its isolated status in the international community, and decided in 2003 to make a clean break and regain normal status.Libya admitted responsibility for past terrorism, began to compensate victims, and agreed to disclose and dismantle its nuclear, chemical, and biological weapons programs.International norms are evolving in such areas as humanitarian intervention and human rights. These norms help define the roles of international organizations. One of their areas of concern is the use of child soldiers, like this ten-year-old Libyan rebel in Another concern, the protection of civilians from slaughter, inspired NATO intervention in the Libya conflict.
5International institutions as evidence of their power and importance. The number of IOs has grown more than fivefold since 1945, to about 400 independent IGOs and tens of thousands of NGOs (depending somewhat on definitions).Figure 7.1 illustrates this growth.New NGOs are created around the world daily. This weaving together of people across national boundaries through specialized groups reflects interdependence.
6International Organizations Intergovernmental organizations (IGOs) Nongovernmental organizations (NGOs) Global or regional or bilateral in scope General or specific functional purposes Regional IGOs - European Union, Association of South East Asian Nations, Southern Cone Common Market, African Union Global IGOs - UN, Intelsat, OPEC NGOs - more specialized in function than IGOsNGOs - more specialized in function than IGOsEconomic or business-related functions (International Air Transport Association)Global political purposes (Amnesty International)Cultural purposes (International Olympic Committee)Religious groups among largest NGOs6
7international covenants international norms international standards 7.1 Roles of International Organizations Q: National leaders can expect certain behaviors from their international counterparts. These are known as __________.international covenantsinternational normsinternational standardsglobal expectations7
8B) international norms Answer:B) international norms8
9The European Union is a global IGO. True-False:The European Union is a global IGO.9
117.2 The United NationsThe UN system The Security Council Peacekeeping Forces The Secretariat The General Assembly UN programs Autonomous agenciesState sovereignty creates a real need for such organizations on a practical level – why?Because no central world government performs the function of coordinating actions of states for mutual benefitState sovereignty also severely limits the power of the UN and other IOs.Reserve power to themselvesMyLab Activity 2: Video. UN Aid in SomaliaCreative assignment: Al-Shabaab militant group has a history of preventing aid agencies from reaching those in need, particularly in Somalia’s zones of famine. They have also gone so far as to raid and loot the offices and storehouses of aid groups, while accusing their workers of being Western spies. Shabaab had tolerated UNICEF, but even its operations were eventually raided and harassed. Ask students to come up with plan to successfully get aid to those Al-Shabaab would try to keep agencies from. Encourage creative or nontraditional approaches. Negotiations might be attempted through a local in-between, perhaps air-drops of supplies could be pursued, smaller operations that tend to draw less attention might be another route to getting aid to those in need. Allow students to create their plans in groups and share their findings with the class. But also allow students to provide creative criticism in response to, and allow them to expand upon, the ideas of those groups as those groups present.
12MyLab MediaVideo: UN Aid in Somalia Please log into MyPoliSciLab with your username and password before accessing this link.
13The UN System Purpose Structure of the UN History Purpose To provide a global institutional structure through which states can sometimes settle conflicts with less reliance on the use of forceUN Charter is based on principles that:States are equal under international lawStates have full sovereigntyState have full independent and territorial integrityStates should carry out international obligationsBenefits of membershipStructure of the UNGeneral AssemblyECOSOCSecurity CouncilSecretariatWorld CourtUniversality of membershipCollective securityHistory1945 San Francisco, 51 statesTension between UN and U.S.Membership more than doubled in 1950s and 1960s - decolonization - effect on voting patternChina’s seatCold War impact on UNPost-Cold War successes on security - peacekeepingFundingIraq WarLecture Starter: Explore the purposes, structures and goals of the United Nations. Discuss the various strengths and weaknesses of the UN, as illustrated by events concerning specific nations as covered in the text. Ask students how proposed and actual changes in the institution might aid or defeat the UN’s goals. The UN’s goals as associated with peacekeeping might present a starting point for this conversation.13
14MAKING PROGRESSThe UN and other international organizations have both strengths and weaknesses in the anarchic international system.State sovereignty creates a real need for such organizations on a practical level, because no central world government performs the function of coordinating the actions of states for mutual benefit.However, state sovereignty also severely limits the power of the UN and other IOs, because governments reserve power to themselves and are stingy in delegating it to the UN or anyone else.The United Nations has very limited powers and resources, yet the world places great hopes in the UN when national governments cannot solve problems. Sometimes the UN seems to need an assist, like this vehicle in 2010 in Western Sahara, where the peace process itself has been stuck for many years.
15The UN’s structure, shown in Figure 7 The UN’s structure, shown in Figure 7.2 , centers on the UN General Assembly , where representatives of all states sit together in a huge room, listen to speeches, and pass resolutions.The General Assembly coordinates a variety of development programs and other autonomous agencies through the Economic and Social Council (ECOSOC).Parallel to the General Assembly is the UN Security Council , in which five great powers and ten rotating member states make decisions about international peace and security.
16The Security CouncilMaintains international peace and security Resolutions Permanent members Nonpermanent members Powers Proposed changesPermanent members - vetoProposed changes - new permanent members16
17Table 7.1 shows the recent rotations of members onto the Security Council. The system of nomination by regional caucuses has worked to keep the regional balance on the Council fairly constant as individual states come and go.Major regional actors tend to rotate onto the Council more often than less important states.Members can abstain on resolutions, an option that some permanent members use to register misgivings about a resolution without vetoing.
18COUNCIL OF POWERCollective security rests with the UN Security Council, which has authorized such military interventions as the Gulf War and the 2001 campaign in Afghanistan. Military actions not approved by the Council—such as the 1999 bombing of Serbia and the 2003 U.S.-British invasion of Iraq—tend to be controversial. Here, Serbia’s president (left end of table) objects to Kosovo’s claim of independence from Serbia, With the permanent members split on the issue—Russia and China backed Serbia while the United States, Britain, and France recognized Kosovo— the Council did not take action.The UN particularly defers to the sovereignty of great powers, five of whom (as permanent Security Council members) can block any security-related resolution binding on UN member states.The five permanent members of the Security Council are the United States, France, Great Britain, China, and Russia.
19The Security Council’s power is limited in two major ways; both reflect the strength of state sovereignty in the international system.First, the Council’s decisions depend entirely on the interests of its member states (see Figure 7.3). The ambassadors who represent those states cannot change a Council resolution without authorization from their governments.Second, although Security Council resolutions in theory bind all UN members, member states in practice often try to evade or soften their effect. For instance, trade sanctions are difficult to enforce.
20Peacekeeping ForcesBorrowed from armies of member states Peacekeeping missions Recent missions Peace building Observing and peacekeeping PeacemakingBorrowed from armies of member states but under the flag and command of UNPeacemaking - UN Standby High Readiness BrigadeNot mentioned in the UN Charter: charter requires member states to place military forces at the disposal of the UN; anticipated to be used in response to aggression (under collective security)Peacekeeping missions: authority for these granted by the Security Council for a limited but renewable period of time, and funds must be voted on by the General AssemblyRecent missions: in 2009, UN maintained over 90,000 troops in 16 peacekeeping or observing missions, with military personnel from more than a hundred countries, spanning five world regions.Peacekeepers perform two different functions: observing – monitoring various aspects of a country’s situation, and peacekeeping – lightly armed soldiers20
21The SecretariatSecretary-General Staff PurposesThe secretary-general of the UN is the closest thing to a “president of the world” that exists.Represents member statesNominated by the Security CouncilCurrently Ban Ki-moon, South KoreaSecretariat is the executive branch of the UN.Administers UN policy and programsDevelops an international civil service of diplomatsSecretary-generalMore than a bureaucratic managerVisible figure who often serves as a mediator in international conflictsWorks to bring together the great-power consensus21
22DIPLOMATIC MOVESIt is up to the secretary-general to assemble peacekeeping forces for each peacekeeping mission, usually from a few states totally uninvolved in the conflict, and puts it under a single commander.Secretary-General Dag Hammarskjöld in the 1960s joked that peacekeeping missions were allowed under “Chapter Six and a Half ” of the charter – somewhere between the nonviolent dispute resolution called for in Chapter 6 of the Charter and the authorization of force provided for in Chapter 7.The UN secretary-general has a lofty mission but limited power and resources. Ban Ki-moon, here learning some dance moves from fellow South Korean PSY in 2012, faces daunting tasks, serving multiple bosses (the member states) with a tight budget.
23The General AssemblyMembership Sessions Powers192 voting members meet every year, from late September to early January in plenary session.Convenes special sessions every few years on topics such as economic cooperationHas the power to accredit national delegations as members of the UNMain power lies in its control of finances for UN programs and operations, including peacekeepingEconomic and Social Council: has fifty-four member states elected by the General Assembly for three-year terms23
24ASSEMBLY OF EQUALSEach of the 193 UN member states has one vote in the General Assembly, which serves mainly as a world forum and an umbrella organization for social and economic development efforts.The universal membership of the United Nations is one of its strengths. All member states have a voice and a vote in the General Assembly, where state leaders rotate through each autumn. Here, the president of Palestine, which hopes to join the UN as soon as the Security Council allows it, addresses the Assembly in 2011.
25UN ProgramsFunded partly by General Assembly allocations UN Environment Program (UNEP) UN Children’s Fund (UNICEF) Office of the UN High Commissioner for Refugees (UNHCR) UN Relief Works Agency (UNRWA) - Palestinian refugees UN Development Program (UNDP) UN Conference on Trade and Development (UNCTAD) Human Rights CouncilFunded partly by General Assembly allocations and partly by contributions that programs raise directly.25
26HELPING WHERE NEEDEDUNICEF is the UN Children’s Fund, which gives technical and financial assistance to poor countries for programs benefiting children.Unfortunately, the needs of children in many countries are still urgent, and UNICEF is kept busy.Financed by voluntary contributions, UNICEF has for decades organized U.S. children in an annual Halloween fund drive on behalf of their counterparts in poorer countries.An array of UN programs, operating under the General Assembly, aim to help countries in the global South to overcome social and economic problems. These programs play a crucial role in the international assistance after disasters and wars. This girl displaced by ethnic violence in Kyrgyzstan in 2010 receives help from UNICEF.
27Autonomous AgenciesUN General Assembly maintains formal ties with international agencies not under its control International Atomic Energy Agency (IAEA) World Health Organization (WHO) Food and Agriculture Organization (FAO) International Labor Organization (ILO) UN Educational, Scientific, and Cultural Organization (UNESCO) UN Industrial Development Organization International Telecommunications Union (ITU)IOs include UN programs (mostly on economic and social issues), autonomous UNagencies, and organizations with no formal tie to the UN.This institutional network helps strengthen and stabilize the rules of IR.UN General Assembly maintains formal ties with international agencies not under its control - specialized technical organizations.27
28Autonomous Agencies (cont.) Universal Postal Union (UPU) International Civil Aviation Organization (ICAO) International Maritime Organization (IMO) World Intellectual Property Organization (WIPO) World Meteorological Organization (WMO) UN-affiliated agencies World Bank, International Monetary Fund World Trade OrganizationUN General Assembly maintains formal ties with about 20 autonomous international agencies not under its control.Mostly specialized technical organizations through which states collectively address problems such as health care and labor conditionsInternational Atomic Energy AgencyWorld Health OrganizationFood and Agriculture OrganizationInternational Labor Organization and others
297.2 The United Nations Q: The UN’s peacekeeping forces are __________. a standing army ready to be deployed at a moment’s noticeassembled by the secretary-general each time a mission is deemed necessaryable to serve in a country even if the government does not want them therefunded out of the general UN budget29
30Answer:B) assembled by the secretary-general each time a mission is deemed necessary30
31True-False:An early example of the granting of authority for peacekeeping forces was the Suez crisis in 1956.31
337.3 International LawSources of International Law Enforcement of International Law The World Court International Cases in National CourtsDerives not from the actions of a legislative branch or other central authority, but from tradition and agreements signed by statesDiffers in: difficulty of enforcement, which depends on reciprocity, collective action, and international norms
34Sources of International Law No legislative branch or central authority Treaties Custom General principles of law Legal scholarshipDeclarations of the UN General Assembly are not laws, and most do not bind members.Treaties and other written conventions signed by states are the most important source: they are binding on successor governments regardless of that government’s circumstancesCustom is the second major source of international law.Great principles of law also serve as another source.Legal scholarship is a fourth source.34
35Enforcement of International Law Difficult to enforce Dependent uponDependent upon:ReciprocityGeneral or long-term costs that could come from disregarding international lawCollective response by a group of statesDiscussion Question: Remind students that for decades before the 2012 revolution, Libya suffered isolation at the hands of the international community, particularly in the form of sanctions. Libya finally left behind its pariah status in 2003 by admitting its responsibility for past indiscretions. Ask students why similar sanctions have had less successful and more complicated results in the case of North Korea.35
36The World Court (International Court of Justice) The Hague, Netherlands Optional clause Main use Regional courtsThe Hague, Netherlands - 15 judgesMain use - arbitration
37ALL RISEInternational law is difficult to enforce.In practice, it is enforced by national power, international coalitions, and the practice of reciprocity.The World Court hears grievances of one state against another but cannot infringe on state sovereignty in most cases.It is an increasingly useful avenue for arbitrating relatively minor conflicts.The World Court hears international disputes, but with little power to enforce judgments. Here, in 2004, the judges rule in favor of Mexico’s complaint that the U.S. death penalty against Mexican citizens violated a 1963 treaty.
38Under the 1963 Vienna Convention on Consular Relations, citizens arrested in a foreign country must be advised of their right to meet with their home country’s representatives.The United States had often failed to do so despite demanding this right for Americans abroad. The World Court suggested that U.S. courts add relevant language to the Miranda warning for cases when police arrest foreign nationals.Figure 7.4 illustrates one of the Court’s recent cases, a dispute between Argentina and Uruguay.Because of the difficulty of winning enforceable agreements on major conflicts through the World Court, states have used the Court infrequently over the years.
39International Cases in National Courts Advantages LimitsAdvantagesJudgments are enforceablePrivate individuals and companies can pursue legal complaintsChoice of jurisdictionLimitsAuthority of national courts stops at state’s bordersExtradition, territorialityImmigration law39
407.3 International Law Q: International law depends on collective action, international norms for enforcement, and __________.reciprocityorganizationslawscourts40
447.4 Law and Sovereignty Laws of Diplomacy Just War Doctrine In international law, diplomats have long had special status.Embassies are considered the territory of their home country.Laws of war are also long-standing and well-established.They distinguish combatants from civilians, giving each certain rights and responsibilities.Guerrilla wars and ethnic conflicts have blurred these distinctions.
45Laws of DiplomacyDiplomatic recognition Embassies Diplomatic immunity Diplomatic pouch Breaking diplomatic relationsBedrock of international law is respect for the rights of diplomatsDiplomatic recognition: credentialsDiplomats have the right to occupy an embassy in the host country as though it were their own state’s territory.Diplomatic immunity: espionageDiplomatic pouchesBreaking diplomatic relations.Interests section: when two countries lack diplomatic relations, they often do business through a third country willing to represent a country’s interests formally through its own embassy.Recalling their ambassadors: consultation and formal complaints.Terrorism – in this context the law of diplomacy is repeatedly violated: tempting targets for terrorists.45
46OUT OF REACHInternational law prohibits attacks on diplomats and embassies. This fundamental principle, like others in international law, is ultimately enforced through reciprocity. When the founder of Wikileaks took refuge in the Ecuadorian embassy in London to avoid extradition to Sweden, the British government considered coming in and taking him, but thought better of it. Here, after six months in residency, he delivers a speech from the embassy balcony, 2012.In international law, diplomats have long had special status.Embassies are considered the territory of their home country.
47Just War Doctrine Laws of war Just wars vs. wars of aggression International law distinguishes just wars (wars that are legal) from wars of aggression (which are illegal).Today, legality of war is defined by the UN Charter, which outlaws aggression but allows “international police actions.”Strong international norm, and states have a right to respond to aggression - this is the only allowable use of military force according to just-war doctrine.Just-war approach explicitly rules out war as an instrument to change another state’s government or policies or for ethnic and religious conflicts.47
487.4 Law & Sovereignty Question: Which of the following undermines the laws of warfare? A) The increase in the issuance of declarations of war by participants B) The just-war doctrine C) The convening of war crimes tribunals D) The increase in nonconventional warfare
49D) The increase in nonconventional warfare Answer:D) The increase in nonconventional warfare49
50True-False:Diplomats, once accredited, enjoy special rights and protections in host countries.50
527.5 Human RightsIndividual Rights vs. Sovereignty Human Rights Institutions War Crimes The Evolution of World OrderThe idea of human rights flies in the face of sovereignty and territorial integrity.Consensus on the most important human rights also lackingConcept of human rights comes from at least three sources: religion, political and legal philosophyNo globally agreed-upon definitions of the essential human rights exist.Often divided into two broad categories: civil-political “negative rights” and economic-social “positive rights”Universal Declaration of Human Rights (UDHR)Convention Against Torture (CAT), 1987Convention on Rights of the Child (CRC),1990: every country except Somalia and the U.S. has approved it.Role of IOs in protecting human rightsToday, NGOs play a key role in efforts to win basic political rights in authoritarian countries.MyLab Activity 1: Simulations. Conflict: Human Rights: You are a RefugeeCreative assignment: Inform students that as of the spring of 2013, the UN estimated that 80,000 Syrians have died in the war. One-third of Syrians are in need of humanitarian help, and 1.4 million Syrians have fled the country altogether. There are 500,000 refugees in Jordan, about fifty-five percent of whom are under eighteen. Tell your students they are Syrian parents. They fear their sons will be drafted, and that their daughters will be raped and/or kidnapped. Meanwhile, some of their children have begun spending time in the streets, pursuing anti-government action.As the parents of these children, ask students what to do: knowing that they cannot accompany their children, do they send their children away from their home province and into a Jordanian refugee camp, with minimal money, and a tent to sleep in? Or do they risk their children’s safety and keep the entire family in Syria? Ask students to theorize the costs and the benefits of either choice. For example, in a refugee camp, the children may learn to cook and to budget, while enjoying greater safety than back in their home province. For instance, they will receive assistance from the United Nations refugee agency, and visits from the International Medical Corps. And yet, they may face years away from school, may witness violence, and are at risk of sexual abuse.Allow students to spend time both thinking about and writing about what they would choose for their children. Then select some students to present their findings to the class. Be sure to ask students about the option of pursuing asylum. Present to them the obstacles to that route, given the Syrian context, and the obstacles they may face once they arrive in their asylum country.
53MyLab MediaSimulations: Conflict: Human Rights: You are a Refugee Please log into MyPoliSciLab with your username and password before accessing this link.53
54Individual rights vs. Sovereignty Idea of human rights flies in face of sovereignty Difficult to reach consensus on what are most important human rights Universal vs. relative Concept of human rights has at least three sources No globally agreed-upon definition of essential human rights Civil-political rights Economic-social rightsConcept of human rights at least three sourcesReligion - dignity and respectPolitical and legal philosophy - natural law and natural rightsPolitical revolutions in 18th century - U.S. and FranceCivil-political rights - free speech, freedom of religion, equal protection under the lawEconomic-social rights - rights to good living conditions, food, health care, social security, education54
55SEA OF REDInternational norms concerning human rights conflict with state sovereignty, causing friction in relationships such as that of Burma (Myanmar) with the international community. Here, in 2008, Buddhist monks in Burma’s capital lead huge demonstrations against the repressive military government, which cracked down harshly within days. Western powers apply economic sanctions against Burma because of its human rights record.In 2003, U.S. courts ordered large payments by Iraq and Iran to U.S. victims of terrorism and torture.The Alien Tort Claims Act of 1789 gives federal courts jurisdiction over civil lawsuits against foreigners for “violation of the law of nations.”Human rights activists have used the law against repressive governments in recent years, as when they sued U.S. oil companies ExxonMobil and Unocal for aiding abusive regimes in Indonesia and Burma, respectively.But, in 2013, the U.S. Supreme Court sharply limited this extension of U.S. legal jurisdiction, throwing out a case against the Dutch company Shell for facilitating government atrocities in Nigeria.
56Human Rights Institutions Universal Declaration of Human rights Seven treaties to further define protections of human rights Regional Ios promote protection of human rights NGOs Responsibility to protectUniversal Declaration of Human Rights - UN General Assembly, 1948Seven treaties to further define protections of human rightsInternational Covenant on Civil and Political RightsInternational Covenant to Economic, Social, and Cultural RightsInternational Convention on the Elimination of All Forms of Racial DiscriminationConvention on the Elimination of All Forms of Discrimination Against WomenConvention Against TortureConvention on the Rights of the ChildConvention on the Protection of the Rights of All Migrant Workers and Members of their FamiliesRegional IOs promote protection of human rights - Europe, Latin America, AfricaNGOs - Amnesty International56
57Since the adoption of the UDHR, the UN has opened seven treaties for state signature to further define protections of human rights (see Table 7.3).Unlike the UDHR, these treaties are legally binding contracts signed by states. Of course, international law is only as good as the enforcement mechanisms behind it.Still these seven treaties are important in outlining the basic protections for individuals expected by the international community.
58War Crimes Large-scale abuses of human rights often occur during war. Large-scale abuses of human rights often occur during war Serious violations of this kind are considered war crimes Norms of legal conduct in war as well as international treaties Crimes against humanity International war crimes tribunals International Criminal Court Private military forces Laws of war, POWs, International Committee of the Red Cross Changing context of laws of warLarge-scale abuses of human rights often occur during war.International law is especially difficult to enforce during war.But extensive norms of legal conduct in war, as well as international treaties, are widely followed.After war, losers can be punished for violations of the laws of war.Crimes against humanityGenocideInternational Criminal Court (ICC)Universal jurisdictionLimit warfare to combatantsRules violated in guerrilla warfareRise in the use of private military forcesLaws of POWsInternational Committee of the Red Cross (ICRC)Demise of the conventional warStates rarely issue “declarations” of warClassroom Activity: In 1995, a U.S. soldier stationed in Germany was court-martialed for refusing to wear a UN insignia on a peacekeeping mission in Macedonia. The soldier, Michael New, argued that he had taken an oath to defend the United States from enemies and to uphold the U.S. Constitution, and that serving under a foreign commander as part of a UN peacekeeping force would violate that oath. He declared himself willing to serve on the mission, but refused to wear the UN insignia on his uniform. Specifically, he said,“I have a problem with that, because I am not UN. I explained this to my lieutenant, and told him, ‘Sir, I don’t think I should have to wear a UN armband or a UN beret. I’m enlisted in the U.S. Army; I am not a UN soldier. I have taken no vow to the UN; I have taken an oath to defend the Constitution of the United States of America from enemies foreign and domestic. I regard the UN as a separate power.... Where does my oath say that I have to wear UN insignia?” (The New American, Oct. 2, 1995, p. 5)Divide students into two groups, with one group arguing in defense of Michael New’s stance, and the other group arguing against Michael New’s stance, and court-martial. Students should use key concepts and issues covered in the chapter to aid their arguments.Classroom Activity: In July of 2008, Luis Moreno-Ocampo, the chief prosecutor of the International Criminal Court (ICC), indicted the president of Sudan, Omar al-Bashir, with 10 counts of mass crimes, including three for genocide, and to issue a warrant for his arrest. This was the first time that the ICC had ever issued a warrant for a sitting head of state. The implications of this precedent are staggering: Could the ICC be involved in changing government regimes as a result of their prosecution?Students should read up on this case, as well as on the general purpose and jurisdiction of the ICC itself (http://www.icc-cpi.int/en_menus/icc/about%20the%20court/Pages/about%20the%20court.aspx ). In groups, students will then discuss whether or not the ICC has the authority to arrest a head of state, whether it should be allowed to do so, and what the potential consequences for international law and international relations are.Discussion Question: Ask students to discuss America’s failure to ratify the International Criminal Court agreement, and its pressuring of other states to sign immunity agreements to protect American soldiers serving in those countries from prosecution. Ask them how this whether they agree or disagree with this approach the U.S. has taken, and why. Also ask students if the lack of U.S. participation might weaken the ICC.
59Belgium’s national courts are a favorite venue for international human rights cases because a 1993 law gives them jurisdiction over any violation of the Geneva Conventions.In 2001, four people accused of war crimes in Rwanda in 1994 were sent to prison by a Belgian jury. (Rwanda is a former Belgian colony, and ten Belgian soldiers had been killed in the genocide there.)Rwandan survivor visits memorial on tenth anniversary of the 1994 genocide.
60REMAINS OF WAR CRIMESIn 2008 and 2011, the leader of the Bosnian Serbs and their top military commander were arrested after more than a decade in hiding.They are currently on trial, charged with massacring and shelling civilians and destroying property, including places of worship.By 2011, no Bosnia war criminals remained at large, and at the end of 2012 the Rwanda tribunal also completed all of its 71 cases.War crimes include unnecessary targeting of civilians and mistreatment of prisoners of war (POWs). The most notorious war crime in Europe in recent decades was the massacre of more than 7,000 men and boys by Serbian forces who overran the UN “safe area” of Srebrenica, Bosnia, in Here, a mass grave in Bosnia is excavated in 2007.
61International Criminal Court Chief Prosecutor, Fatou Bensouda Following up on the UN tribunals for former Yugoslavia and Rwanda, in 1998 most of the world’s states signed a treaty to create a permanent International Criminal Court (ICC) .It hears cases of genocide, war crimes, and crimes against humanity from anywhere in the world.The ICC opened for business in 2003 in The Hague, with 18 judges sworn in from around the world (but not the United States).
62The Evolution of World Order Most powerful states Dutch power in the 1600s 20th century Post-Cold War eraMost powerful states, especially hegemons, have great influence on rules and values that have become embedded over time in a body of international lawDutch power in the 1600s was the backbone for international legal concept of freedom of the seas20th century - role of U.S.Post-Cold War era - international norms shaken up - end of Cold War, shifts in economic position of various regions and states, effects of technological change in creating a “small world”62
637.5 Human Rights Q: A just war can __________. be waged to change another state’s government, if it is violating human rightsbe waged for ethnic or religious reasonsbe waged only in response to aggressioninvolve the use of nuclear weapons63
64C) be waged only in response to aggression Answer:C) be waged only in response to aggression64
65True-False:Under the law of war, soldiers have the right to surrender, abandoning their role as combatants and becoming prisoners of war.65
67Chapter Discussion Question How does the UN embody a tension between state sovereignty and supranational authority? And why the do world’s states participate in the UN, given their own individual national interests? What happens when those national interests diverge from international norms and laws?