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The UN, International and Regional Human Rights

The UN, International and Regional Human Rights. International Criminal Court ad hoc Criminal Courts Regional Human Rights Courts A New World Order?. The New World Order.

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The UN, International and Regional Human Rights

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  1. The UN, International and Regional Human Rights • International Criminal Court • ad hoc Criminal Courts • Regional Human Rights Courts • A New World Order? International Human Rights

  2. The New World Order “…to establish a new world order wherein the rule of law rather than the law of the jungle will govern the conduct between nations…” International Human Rights

  3. The New World Order “…to establish a new world order wherein the rule of law rather than the law of the jungle will govern the conduct between nations…” --Republican President George Bush, after launching the war against Iraq International Human Rights

  4. The New World Order • “To hell with international law! You’ve got a choice to make. You’re either for us or against us, and I only hope for your sake you make the right choice.” International Human Rights

  5. The New World Order • “To hell with international law! You’ve got a choice to make. You’re either for us or against us, and I only hope for your sake you make the right choice.” • --Republican Senator Alfonse D’Amato • (New York) International Human Rights

  6. International Human Rights Outline • International Law and Canons of Justice International Human Rights

  7. International Human Rights Outline • International Law and Canons of Justice • Significance of the ICC International Human Rights

  8. International Human Rights Outline • International Law and Canons of Justice • Significance of the ICC • Approaches to Human Rights: • The ICC vs. Human Rights Courts International Human Rights

  9. International Human Rights Outline • International Law and Canons of Justice • Significance of the ICC • Approaches to Human Rights: • The ICC vs. Human Rights Courts • The Role and Character of the UN International Human Rights

  10. International Human Rights Outline • International Law and Canons of Justice • Significance of the ICC • Approaches to Human Rights: • The ICC vs. Human Rights Courts • The Role and Character of the UN • The ICC vs. ad hoc Criminal Courts International Human Rights

  11. International Human Rights Outline • International Law and Canons of Justice • Significance of the ICC • Approaches to Human Rights: • The ICC vs. Human Rights Courts • The Role and Character of the UN • The ICC vs. ad hoc Criminal Courts • A New World Order? International Human Rights

  12. Origins of International Law Resolution of Conflict between European Imperial Powers and with Their Colonies • Oligarchic International Human Rights

  13. Origins of International Law Resolution of Conflict between European Imperial Powers and with Their Colonies • Oligarchic • Plutocratic International Human Rights

  14. Origins of International Law Resolution of Conflict between European Imperial Powers and with Their Colonies • Oligarchic • Plutocratic • Leonine International Human Rights

  15. Origins of International Law Resolution of Conflict between European Imperial Powers and with Their Colonies • Oligarchic • Plutocratic • Leonine ---Mohammed Bedjaoui, President of the International Court of Justice International Human Rights

  16. Nature of International Law • Geographic (European Law) International Human Rights

  17. Nature of International Law • Geographic (European Law) • Religious-ethical (Christian Law) International Human Rights

  18. Nature of International Law • Geographic (European Law) • Religious-ethical (Christian Law) • Economic (Mercantilist) International Human Rights

  19. Nature of International Law • Geographic (European Law) • Religious-ethical (Christian Law) • Economic (Mercantilist) • Political (Imperialist) ---Mohammed Bedjaoui, President of the International Court of Justice International Human Rights

  20. Principles of Jurisprudence • Voluntary Compliance 4 • Sense of Justice 3 • Democratic Formulation 3(by governments) International Human Rights

  21. Principles of Jurisprudence • Voluntary Compliance 4 • Sense of Justice 3 • Democratic Formulation 3 • Universal Applicability 4(almost, but not on the territory on non-ratifiers) International Human Rights

  22. Principles of Jurisprudence • Voluntary Compliance 4 • Sense of Justice 3 • Democratic Formulation 3 • Universal Applicability 4(almost) • Uniform Enforcement (promising, within the ratification limits) International Human Rights

  23. Principles of Jurisprudence • Voluntary Compliance 4 • Sense of Justice 3 • Democratic Formulation 3 • Universal Applicability 4(almost) • Uniform Enforcement (promising) • Due Process 4(extensive, difficult to fault) International Human Rights

  24. Principles of Jurisprudence • Voluntary Compliance 4 • Sense of Justice 3 • Democratic Formulation 3 • Universal Applicability 4(almost) • Uniform Enforcement (promising) • Due Process 4(extensive) • Separation of Powers 4 • Independent Court and Prosecutor 4 [4indicates ICC compliance] International Human Rights

  25. International Judiciaries • Criminal Law[ICC and ad hoc UN Security Council Courts] International Human Rights

  26. International Judiciaries • Criminal Law • Trade Law [Dispute Settlement Body of the World Trade Organization] International Human Rights

  27. International Judiciaries • Criminal Law • Trade Law • Commercial Law [European Court of Justice; The International Court of Arbitration; American Arbitration Association; the UN Commission on International Trade Law; Iran-U.S. Claims Tribunal; UN Compensation Commission; International Centre for the Settlement of Investment Disputes] International Human Rights

  28. International Judiciaries • Criminal Law • Trade Law • Commercial Law • Human Rights [Regional courts for the Council of Europe, the Organization of American States, and the Organization of African Unity] International Human Rights

  29. International Tribunals • Criminal Law • Trade Law • Commercial Law • Human Rights • The Law of the Sea [International Tribunal for the Law of the Sea] International Human Rights

  30. International Judiciaries • Criminal Law • Trade Law • Commercial Law • Human Rights • The Law of the Sea • Public Law [The International Court of Justice] International Human Rights

  31. International Judiciaries • Criminal Law • Trade Law • Commercial Law • Human Rights • The Law of the Sea • Public Law • Environmental Law [Chamber for Environmental Matters of the ICJ] International Human Rights

  32. Approaches to Human Rights • Preventive, Sustained(Human Rights Courts) Remedy grievances before conflict escalates. International Human Rights

  33. Approaches to Human Rights • Preventive, Sustained(Human Rights Courts) Remedy grievances before conflict escalates. • Deterrent, Sporadic(Criminal Courts) Deter abuses (hopefully) by threat of punishment and retribution. International Human Rights

  34. Approaches to Human Rights • Human Rights Courts • Regional Only (EU, OAS, OAU) • UN Human Rights Court? International Human Rights

  35. Approaches to Human Rights • Human Rights Courts • Regional Only (EU, OAS, OAU) • UN Human Rights Court? • Criminal Courts • Ad hoc (Ex-Yugoslavia, Rwanda, Somalia?) • International Criminal Court • No regional courts International Human Rights

  36. Foundations of Human Rights • 1948 Universal Declaration of Human Rights International Human Rights

  37. Foundations of Human Rights • 1948 Universal Declaration of Human Rights • 1993 Vienna Convention and Program of Action International Human Rights

  38. Foundations of Human Rights • 1948 Universal Declaration of Human Rights • 1993 Vienna Convention and Program of Action • Regional Conventions • Council of Europe • Organization of American States • Organization of African Unity International Human Rights

  39. Foundations of International Criminal Law • Nuremberg Principles • Genocide • War Crimes children, • Crimes against Humanity [extended to violence against women and children, including internal violence] International Human Rights

  40. Foundations of International Criminal Law • Nuremberg Principles • Genocide • War Crimes children, • Crimes against Humanity [extended to violence against women and children, including internal violence] • Security Council ad hoc Courts [Violate Article 2] International Human Rights

  41. Foundations of International Criminal Law • Nuremberg Principles • Genocide • War Crimes children, • Crimes against Humanity [extended to violence against women and children, including internal violence] • Security Council ad hoc Courts [Violate Article 2] • ICC Statute[by treaty in the absence of a legislature] • Add Aggression [ > 7 years after definition.] International Human Rights

  42. The New World Order • An [“Effective”] UN as tool of the U.S. government. International Human Rights

  43. The New World Order • An [“Effective”] UN as tool of the U.S. government. vs. • An “Effective” UN as a Principled Institution. International Human Rights

  44. The New World Order • An [“Effective”] UN as tool of the U.S. government. vs. • An “Effective” UN as a Principled Institution. vs. • An Extra-UN World Order. International Human Rights

  45. A New World Order • UN Charter Reform Route Closed by Article 108 International Human Rights

  46. A New World Order • UN Charter Reform Route Closed by Article 108 • General Assembly Resolution Treaty Route • Rome International ICC Statute Treaty Conference • International ICC Statute Treaty: Friday 17 July 1998 [Approved: 120, 7, 21, with the U.S. administration leading the opposition of Israel, Iraq, Libya, Mexico...] • Treaty Revision Conference in Seven Years • Define Aggression • Extend Jurisdiction? International Human Rights

  47. International Criminal Court Authorization Article 95 “Nothing in the present [UN] Charter shall prevent Members of the United Nations from entrusting the solution of their differences to other tribunals by virtue of agreements already in existence or which may be concluded in the future.” International Human Rights

  48. International Criminal Court “What the [ICC] conference needs is a visit from a flight of F-18s.” --Official Pentagon Observer [Craig Turner, LA Times Sunday 19 July 1998] International Human Rights

  49. International Criminal Court “Right makes might.” --Former U.S. Attorney General Ramsay Clark International Human Rights

  50. ICC treaty Plenary Session International Human Rights

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