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Flashcards in Protecting and Enforcing HR Deck (101)
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31

How does the UN intervene

Peacekeepers or Military Action

32

Which body of the UN intervenes under R2P

UNSC

33

What are the Three Pillars of responsibility in R2P

  1. It is the responsibility of states to protect their populations from these crimes
  2. The international community is responsible for helping states develop the protective ability before such crises or conflicts break out
  3. When a state has failed to protect is citizens, and peaceful means are not sufficient, the international community must take action to prevent harm.

34

Example of R2P being invoked

NATO invading Libya in 2011 to overthrow Gaddafi

35

Main concern about R2P

Influenced by Security council politics

 

36

How was Tasmania forced to repeal its laws

  •  Croome v Tasmania 1997
  • Law was inconsitent with federal law (division of powers s51)

37

What are the main roles of the UNHRCouncil

  • complaints procedure for induvial victims,
  • compulsory periodic reviews of all 193 member states,
  • advisory committee to make recommendations

38

What are criticisms of the UNHRCouncil

  • Has been criticised for acting in interest of politics instead of human rights. i.e. China and Russia accused of influencing candidates to avoid persecution

39

How has Australia been criticised by UNHRCouncil

  • Australia successfully secured seat on UNHRC in 2018 (despite criticism over asylum seekers) SMH article ‘Australia elected to UN human rights council as criticisms surround Congo election’ Oct 2017

40

When was R2P decided on 

World Summit on UN reform in 2005

41

What was the main driving force behind R2P

  • UN failures over Rwandan genocide 1994 and Bosnian genocide 1992

42

Which art of UN Charter limits the UN's powers to intervene in matters within a state’s domestic jurisdiction

Art 2 protects State Soveriegnty

43

Which chapter of UN Charter empowers UNSC to take military or non-military action to restore Intl peace and security

Chapter 7

44

What was UNSC main role in Libya

  • Sending NATO to go in
  • Establsihing a no-fly zone

45

Article on Libya intervention

  • ABC Art Oct 2019 ‘Gaddafi is gone but 8 years on Libya is still at war. What went wrong?’
  • Highlights how Libya is still in a state of anarchy

46

What NGO monitors R2P and poupulations at risk

  • Global Centre for R2P

47

What is an IGO

Intl institution made up of member states created by agreement between states (treaty)

48

How is IGOs aim and purpose outlined

By a charter

49

Main IGO's

  • UN
  • World Trade Organisation WTO
  • NATO
  • EU Union
  • IMF
  • African Union

50

What is the International Criminal Court (ICC)

Intl court established to prosecute individuals charged with most serious international crimes

51

What is ICC criminal jurisdiction

  • Genocide
  • Crimes against humanity
  • War crimes
  • Crimes of aggression (since 2017)

52

How was ICC established

Rome Statute (2002)

53

Example of statutory bodies established by treaties

Human Rights Committee establsihed under ICCPR 1976

54

What are NGOs

Organisations that are independent of and without representation of any government

55

Power of NGOs

  • Inform global community
  • Name and Shame
  • Lobby IGO's and Govts

56

Examples of Intl NGO's

  • Red Cross
  • Amnesty International
  • Human Rights Watch

57

Power of Media

Naming and Shaming of governments/human rights violators

58

Example of Media NGO

Reporters without border

59

How does High Court protect HR

  • Set binding precedents on all courts
  • Overturn legislation inconsistent with constitution

60

Example of High Court case on HR

  • Croome v Tasmania (1997)
  • Dietrich v The Queen (1992)
  • Lange v Australian Broadcasting Corporation (1997)