January 10th Lecture.docx

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University of Toronto Mississauga
Political Science
Justin Bumgardner

thJanuary 10 2013Controversies of the ICC Cooper 1first treaty based for criminals 10 yrs old Indictment of Sudanese president alBashir AlBashir in Sudan example of first chief of state to be indicted as a world criminal Darfur western province in Sudan villages destroyed Juandujwee non state actor as a militant group supported by the government Criticised by some humanitarian workers as a purely symbolic move because of no enforcement powers weakness of ICC can indite someone but they dont have enforcement powers depend on others to appear on the court majority dont appear Someone has to make them showup aid workers were critical maybe he is a war criminal if you dont have the ability to arrest you shouldnt indite him unless your sure he can stand trial Save Darfur movement crimes being committed were not just war crimes but genocide similar to Rwanda AlBashirs first response was to expel aid workers from Sudan if they were going to indite him authority to tell them to stay or not because he was president critical they were trying to aid people Undermined the chances of a longterm peace settlement by indicting the president Make it more difficult for peace agreement in Darfur while your indicting the president as a war criminalArab League denounced the ICC as Western colonialist and interfering controversy over if its a right to indite them Controversies of the ICC Cooper 2 ICC acts in belief that enforcing law against leaders for terrible war crimes will ultimately ensure peace but it considers cases still embroiled in conflictTaking on cases from wars that are still being fought because it might prevent warring parties from making concessions or peace peace vs justice dilemma if you pursue justice you may undermine peace may not want come to negotiating tableAdvocates on inditing him justice those think they need to hold them accountable whether hes a war criminal or not its not responsible to indite him it may undermine peaceBy taking on alleged crimes rooted in politics the ICCs goals are politicalICC should not be political it should be able to be neutral indite both sides they did indite two rebel leaders in Darfur but those volunteeredwere not convictedThe ICC must rise above politics if it is to retain its credibility some argue you should only trial when the war is overOver 80 states have yet to ratify the ICC including the US Russia and China put themselves above it dont want their citizens to be tried UN has near universal membership 23 have members to ICC hurts legitimacy Controversies of the ICC Cooper 3Will holding leaders accountable deter others from committing war crimes Those that defend the ICC would say its good to indite war criminals you will discourage future leaders from doing the same thing cynical it doesnt make a difference at all lifedeath situation they make decisions they feel they need to make if they need to do things that consider themselves war criminals they will do whatever necessary not put into calculation to be tried as a war criminal Can ICC convictions prevent future conflicts A leader consider going into war does it look at cases and see leaders get convicted or not enter the calculation at all If you answer no to questions that it doesnt defer others from war crimes it is worth its saltWar crimes trials are often unpopular with the populations 1 CooperMany Germans saw Nuremburg trials as victors justice determined they would found guilty no matter what same thing in Japan Trials in the former Yugoslavia prosecute those hailed as heroes in their communities war criminal vs war hero situation in Serbs community some see them as war hero Tutsis in Rwanda were unhappy that the death penalty was not applied in most countries the death penalty is outlawed take western standards some dont view this as justice Saddam Hussain was tried under Iraqi law wanted to see him executed War crimes trials are often unpopular with the populations 2Little evidence of reconciliation in the former Yugoslavia or RwandaAuschwitz trials in the mid1960s in Germany were more accepted by the population because they were domestic trials with jurors who had not lived through the war crimesHuman Rights and the Poor Haugen and BoutrosViews of human rights differ between the Global North and Global South right in jail to not be tortured by the governmentIn the Global North abstract political freedoms and prosecution of largescale war crimes large scale war crimesIn the Global South a matter of daily survivalHuman rights abuses in the Global SouthExtortion and abuse by police committed by the people who are supposed to be supporting securityBeing forced into slaveryHaving land stolenBeing thrown arbitrarily into an overcrowded jail with no fair trialBeing assaulted or rapedRule of law needed to enforce human rightsUN estimates that 4 billion people live outside the protection of the rule of lawPolice are viewed as vigilantes and criminals rather than protectorsPoor people in the Global South cannot afford legal fees if you cant afford a lawyer in the west the state provides a defense attorney for you in the south thats not possible there are not enough lawyers states are poor Few lawyers in the Global South In India there is are 11 judges for every million people and 70 of prisoners have not been convicted prisons are overflowed people who are in jail have not been convicted not getting speed trial or day in court Lack of enforcement of human rights in the Global SouthDysfunctional law enforcement and public justice with roots in the colonial eraCore function of state institutions is to serve those in power the problem with colonial government era which still exists todayElites have few incentives to build legal institutions that serve the poor because this would limit their power the government has to volunteer to limit its power Cant arrest people without crime difficult for elite to step up and say there going to change thingsHuman rights groups solutionsShould focus more on law enforcement than legal reform
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