INTERNATIONAL HUMANITARIAN LAW

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Department
Political Science
Course
POL340Y1
Professor
Ross Michael Pink
Semester
Summer

Description
LECTURE 9 - INTERNATIONAL HUMAN RIGHTS ONE OF FUNDAMENTAL ISSUES OF INTERNATIONAL LAW - How do you protect human rights - How you enforce the law on the ground - Unless the law is enforced its weak and incomplete - Law – precision of the law & the other side – enforcement capacity ENFORCEMENT - Judiciary: the judges and the lawyers - The police - Front line people with the govt – social workers, ministers - Political will (conventional/unwritten law) hard to quantify but without it, you will not go far, you need the political level to engage and be committed, if there is no political will – law will not be effective - People look to their govts that this is an important area of their soc UNIVERSAL DECLARATION OF HUMAN RIGHTS - Inherent dignity of the human kind - The declaration is not something which is easily enforceable, but it is an important general statement - Like a general statement of intent, not just for the UN but for all nations around the world HUMAN RIGHTS - Natural view – rights come from a higher power, idea that law comes from a higher power, John Locke and Kant - Positive law – the codified version of the law, the constitution, laws IDEOLOGY OF HUMAN RIGHTS - Western ideology of human rights - Collective rights – China, Cuba, North Korea - The greater good of the society is the focus - In the west – individual liberty view of human rights - They are fundamentally different - Hard to go into a different culture and criticize it - The Chinese have pointed out: homelessness in the US, the police turned weapons on their people during the civil rights movement, people do not have a health care system; China can attack US - Human rights are not clear form every one’s perspective - Depend on your culture, which country you come from, ideology - Opposing view points – collective human rights model, you have no right to speak up and endanger the majority VS individual liberty (Patrick Henry – give me liberty or give me death) CULTURAL RELATIVISM - HR protection is relative to the culture you’re in - There is a lot of debate about permissibility about certain practices - Some say that HRs are universal - Some rights transcend culture 277 – THE UN CHARTER – BASIC HR PROVISIONS - Articles 56 (all members – joint and separate action to ar
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