Legal Issues and Remedies

1. Legal Issues and Remedies • Force • International Instruments • International customary law • Regional intergovernmental organisations • UN • Non-governmental organisations • Media

2. Force • “You can do a lot with diplomacy, but with diplomacy backed up by force you can get a lot more done” Kofi Annan • The UN charter, Article 2(4), prevents the use of force by one State on another except in self-defence. • This can prevent third-party states intervening in a conflict and preventing human rights abuses - eg: Darfur in Sudan 2004 • Self-defence has been legal under international customary law for many years but when can that be applied? • Consider: Whether an armed attack has occurred The response in proportional to threats Whether the response id retribution rather than defence

3. Force • Pre-emptive strikes • These have been used in the past on the grounds of self-defence. The USA invading Iraq 2001on the pretence of weapons of mass destruction. • Force has been used to restore world order by individual or collective nations – WW2, Yugoslavia, Rawanda • UN soldiers may use force in specific conditions

4. International instruments • World order is achieved through declarations and treaties. • Declaration – A statement that articulates values that are considered to be universally applicable. They are not binding and are not legally enforceable • Declaration on the Prevention and Removal of Disputes and Situations Which May Threaten International Peace and Security and on the Role of the United Nations in this Field

5. International instruments • Treaties – written international legal agreements between nations. AKA – conventions, covenants, statutes and protocols. Treaties are binding on those nations that ratify them. • The rules of treaties come from the Vienna convention on Law of Treaties 1969 Convention (IV) relative to the Protection of Civilian Persons in Time of War. Geneva, 12 August 1949. • Treaties can be bi-lateral (two-nations) or multi-lateral • No state can be forced to sign a treaty or to ratify it which can limit the effectiveness of a treaty.

6. International Customary law • This is based on the practices and behaviours of States over a long period of time and is not written. • Practices/behaviours are part of this law if there widespread agreement in the Int’l community • Much of this has now been incorporated into treaty law. • Int’l customary law is binding on all nations even if they have not ratified various relevant treaties

7. United Nations • Created in the aftermath of WW2 in San Francisco 1945 • Expresses goals for the dignity and rights of all people through its charter and outlines its functions and jurisdiction • Chapter 1 of the charter outlines the purposes and principles of the UN. • List a summary of 5 of the key principles from Chapter 1. • The charter can only be changed by a 2/3 votein the general assembly and agreement by the 5 permanent security council members.

8. United Nations • There are currently 192 member states of the UN • Nations only need to be ‘peace-loving’ and accept the charter to become members. • Main headquarters are in New York. Other major offices in Vienna, Geneva and the Hague • Six main organs – General Assembly, Secretariat, Security Council, Economic and Social Council, International Court of Justice(ICJ) and Trusteeship Council (disbanded)

9. United Nations • Involved in day-to-day operations to ensure world order • Works in cooperation with many NGOs eg Red Cross/Crescent and Amnesty • Works with regional bodies such as EU and NATO • Keeps a register of all treaties signed between nations.

10. Regional inter-governmental organisations • Notable organisations: • European Union (EU) • North Atlantic Treaty Organisation (NATO) • African Union • North Atlantic Free trade Agreement (NAFTA) • Assoc of South-East Asian Nations (ASEAN) • Pacific Islands forum • These each vary in size, effectiveness and level of integration but are contributing to the maintenance of world order.

11. Regional inter-governmental organisations • The EU is the most successful organisation • Formed in 1992 with just six nations. Currently has 27 members and four candidate members. • Many former communist nations are now involved or wish to be members. • Has created wealth and security for Europe with some exceptions (Greece and the Balkans) • Members must be democratic and uphold human rights. • Has its own parliament and court which may override the domestic institutions of nations • Has its own currency: the euro

12. Regional inter-governmental organisations • NATO was established in 1949as a security organisation to counter the threat from communist countries led by USSR • Currently has 28 members, many of the most powerful nations on earth • Members must be democratic and follow the Un charter on the use of force. • If one member is attacked then other members are obliged to assist them.

13. NGOs • There are around 25000 NGOs that campaign for humanitarian ideals. • Prominent examples: Amnesty Int’l, World Vision, Greenpeace, Red Cross/Red Crescent, Human Rights Watch • Often work collaboratively with UN to monitor areas of concern and to administer humanitarian aid • Red Cross/Red Crescent are protected by the Geneva conventions.

14. Media • Play an increasing role in raising public awareness of humanitarian issues • Coverage of Boxing Day Tsunami 2004 meant that huge amounts of aid were given quickly by governments and citizens • Can give a biased coverage that distorts the issue and creates a false public opinion. • Ownership of media is becoming less diverse and opinion can be controlled. • New forms of media are helping to give more information to the public eg: Wikileaks publishing military secrets