Legal_Studies

United Nations - The word veto comes from Latin and literally means I forbid. It is used to denote that a certain party has the right to unilaterally stop a certain piece of legislation. A veto thus gives unlimited power to stop changes, but not to adopt them. - In the United Nations Security Council, the five permanent members (the United States, Russia, People's Republic of China, France and the United Kingdom) have veto power. If any of these countries votes against a proposal, it is rejected, even if all of the other member countries vote in favor. Success of the UN - Raising consciousness of the concept of human rights through its covenants and of its attention to specific abuses through its resolutions or rulings (e.g. abolishing Apartheid in South Africa) - UN helped run elections in countries with little democratic history including Afghanistan and East Timor - The UN has set up war crimes tribunals to try war criminals in the former Yugoslavia and Rwanda. Criticism of the UN - Ineffective - Overly bureaucratic - Prone to corruption - Acting outside the intended limits of its original charter - The UN involvement in the Korean conflict, which the UN was instrumental in causing the perpetuation of the political division of the Korean Peninsula rather than in promoting a peaceful resolution to conflict. - The UN is powerless, should member nations ignore UN resolutions (state sovereignty) or also, proceed with actions without UN support. (US led invasion of Iraq) - The major powers have to deal with each other outside the frame work of the UN. Security Council - Limited success with respect to peacekeeping in Somalia, Bosnia, Haiti and Sierra Leone indicate that, unless the parties over seen by such forces are desirous of peace, perhaps the council can asset itself successfully only when the great powers are convinced that their interests are at stake. - 2004, oil-for-food program, corruption - “Iran warns against UN sanctions” smh, September 19th 2005. Iran has warned the board of the international Atomic Energy Agency against sending its nuclear case to the UN Security Council, hinting such a move could prompt Tehran to start uranium enrichment. Internal Institutional Failures - Criticism of the UN for failing to stop Israeli invasion to Lebanon or daily violations of Lebanon’s borders and territory. Failure to act in security issues - Failure to act during the genocide in Rwanda, when current secretary general Kofi Annan oversaw peacekeeping forces there. - Failure to intervene during killings in Srebrenica, despite the fact that the UN designated it a “sage haven” for refugees and assigned 600 Dutch peacekeepers to protect it. - Failure to successfully deliver food to starving citizens to Somalia, the food was usually seized by local warlords instead of reaching those who needed it. The UN/US attempted to apprehend the warlords seizing there shipments resulted in the Battle of Mogadishu. UN Charter The United Nations Charter is the constitution of the UN. As a charter it is a constituent treaty, and all signatories are bound by its articles. - Chapter I sets forth the purpose of the UN International Court of Justice (ICJ) - International Court of Justice, the principal judicial instrumentality of the UN which has jurisdiction to settle disputers between nations that have consented to such jurisdiction and to provide other branched of the UN with advisory opinions. International Criminal Court (ICC) - ICC was established as a permanent tribunal to prosecute individuals for genocide, crimes against humanity and war crimes. Opposition to the ICC - The creation and existence of the court has been somewhat controversial, with the largest disagreement surrounding the source and nature of the court’s jurisdiction. - Countries object the court, saying that there is very little legal supervision of the court’s apparatus and that the court’s verdict may become subject to political motives. US objections - The USA signed the ICC statute at the last minute, primarily so that it could continue to take part in the negotiations on the rules of procedure for the new court, in an attempt to obtain an exemption for the USA nationals taking part in UN sponsored peacekeeping missions – as several other countries were able to do. - US opponents of the ICC maintain that in cases where the US failed to act quickly enough to prevent disaster, the US has been criticized for allowing genocide to occur, in cases where the US has acted quickly they have been criticized and accused of war crimes. Geneva Conventions A set of international rules that govern the treatment of prisoners, the sick and wounded and civilians during war. Accusations of violation of the Geneva Conventions on the past of the signatory nations are brought before the ICJ. European Union The EU, an inter-governmental and supra-national organization made or European countries, which currently has 25 member states. Cases: Civil war in Rwanda: Facts of the case - The UN has a convention in 1948 on the Prevention and Punishment of the Crime of Genocide to work out a world federation response to genocide. The International Criminal Tribunal for Rwanda was established by the UN in 1994 to prosecute those responsible for the genocide in Rwanda. - The Belgians favored the Tutsi because they were a minority and they seemed better looking to the Europeans, thus the Tutsi received a far better proportion of the country’s resources than the Hutu. A civil war between the Hutu government and the Tutsis began in 1990 How was there a threat to world order' - The civil was in Rwanda was considered a military conflict within the nation. This threatens world order as the conflict challenges peace, security and international legal standards. - The acts of genocide in Rwanda violated individual rights, hence denying to individuals, and were contrary to community standards, hence denying justice to society. - During the civil war, France threw its military support behind the Hutu regime, unconcerned of the lack of commitment to international law by Hutu leaders. What remedies were tried/used and how successful were they' - The Tanzanian government mediated negotiations (non – legal remedy) between the warring factions. An agreement was signed, but in October 1993, at the request of the warring factions and the mediators the UN adopted a Resolution establishing a peace keeping force to oversee the terms of the agreement. The agreement involved a ceasefire, repatriation of refugees and monitoring the implementation of a provisional government. - However the UN peacekeepers can only use force in self-defence. Therefore, the peacekeepers can only use force if attacked, but not if the two factions attack each other, which limits the effectiveness of peacekeeping as a remedy. Peacekeeping relies on the warring arties respecting the international agreement. After 10 Belgian peacekeeping soldiers were killed, Belgium withdrew its contribution. - By April 1994, the entire UN peacekeeping force withdrew as the situation in Rwanda has become uncontrollable and the UN was unable to fulfill its purpose. - Nations can withdraw their troops at any time meaning soldiers were loyal to their nations rather than the UN commander, Rwanda was left to its civil war. Is law reform necessary' - UN peacekeeping force should be able to engage in combat against parties not observing the terms of a peace agreement. The peacekeeping force should be able to enforce the agreement it has been called in to oversee, so individual rights can be protected and society’s values can be reflected. What is happening today' - In September 1998, a UN tribunal sentenced Jean Kambanda, a former prime minister of Rwanda, to life in prison for his part in the 1994 genocide. He became the first person in history to be convicted for the crime of genocide. - In December 1999, an independent report commissioned by the UN took Kofi Annan and other UN officials to talk for not intervening effectively in the genocide. - In May 2003, 93% of Rwandans voted to approve a new constitution that instituted a balance of power between the Hutu and Tutsi. - In June 2004, Bizimungu, the Hutu who had served as president between 1994 and 200 was sentenced to 15 years in prison for inciting ethnic hatred. Ethnic cleansing in Kosovo Facts of the case - Milosevic, former president of Yugoslavia, started four Balkan wars, in the provinces of Croatia, Bosnia, and Kosovo, creating hundred of thousands of refugees. How was this a threat to world order' - In 1998, Serbian violence in Kosovo escalated. Massacres triggered widespread evacuations. This was a threat to world order as international crimes were being committed. Milosevic as not committed to international law. Therefore, individual rights were not protected and society’s values and ethics were not reflected. What remedies were tried/used' - As a result of international sanctions against Serbia because of the war in Bosnia, Milosevic signed the Dayton Peace Accords in 1995, ending the civil was in Bosnia. - At a peace conference held in France, in February 1999, Milosevic refused to cooperate with a plan for NATO led peacekeeping forced and continued his genocidal sweep through Kosovo. - In March 1999, NATO exercised the right of humanitarian intervention to halt the tragic plight of the Kosovar civilians by beginning air strikes against Serbian forced. This NATO strike marked the start of a war fought as an action motivate by a need to enforce human rights. How effective were the remedies' - Limited effectiveness of the UN in enforcing international law to ensure justice for individuals and society. - Peace negotiations did not work and it was not until NATO was authorized to perform an air strike on Kosovo to counter the threat to international peace and security, were the remedies successful. - The fact that Milosevic himself is being tried in the ICTY, illustrates that when nations cooperate with the international community, justice can be achieved for individuals and society.