Class Notes (834,979)
Canada (508,839)
York University (35,167)
Social Science (3,019)
SOSC 1375 (193)
Lecture

SOSC 1375 Lecture notes - Drone warfare, targeted killing, criminal law
Premium

by Anu J
4 Pages
105 Views
Unlock Document

Department
Social Science
Course
SOSC 1375
Professor
Olena Kobzar
Semester
Fall

Description
- The trial o Truth/fact finding o To tell a story (historical, legal narrative) o Give everyone a chance to tell their story o Can try in Canada:  Canadians  Other people on our soil  Someone in a Canadian embassy or in space (on a Canadian shuttle) - Recent cases o Shafia Trial:  Tooba Mohammad Yahya (mom) + Mohammad Shafia (dad) + Hamed Shafia st (brother) convicted of 1 degree murder  Life in prison in Canada: 25 years in prison - Terrorist o Not a “traditional” war or a “traditional” crime o Domestic law constraints o International human rights norms  Can’t just kill people (specifically without provocation) o States sovereignty  Every state in international law is independent  Every state has their own legal system  No one state’s legal systems are superior to others  Cannot interfere with someone else’s  Treaty of Westphalia (1648)  Political self-determination  Basis of international law today  Three principles: o State sovereignty  Political self-determinism  Can decide what kind of political system they want to have o Legal equality  All states are equal o Non-intervention  Cannot rule or interfere with other  Unless massive amounts of people are dying (becomes a civil rights issue)  Example:  Public Law 107-40 (9/11)  Joint resolution which enabled them to use massive amounts of drones and to declare a war  Can declare a war if you can make the case that the issue is an act against the state and someone is attacking your country so you can attack back o Legal issues:  What is murder?  If you kill another person, that is a murder in domestic terms  Two ways to get away with murder (people) o Self-defence o Prevention of further crime  What is murder (in international law)?  Two ways to get away with murder (the state) o Territoriality o International law  What is targeted killing? o Directed against a person o Only a state can commit this  If a person kills someone else, it’s a murder, not a targeted killing o Difficult to determine the level of threat o Self defense?  Do states have the right to protect themselves?  States able to use the war paradigm to kill a terrorist because the terrorist is a threat to their country o Where to draw the lines: no uniforms, no base, different from traditional theatre of war  Two paradigms o Criminal law enforcement  Individuals punished for their guilt  Guilt must be proven in a court of law  Innocent until proven guilty  Due guarantees  Killing is only permitted if used for self defense and/or immediate necessity of saving more lives o War  Deadly force against combatants is legitimate, irrespective of immediate threat level
More Less

Related notes for SOSC 1375

Log In


OR

Join OneClass

Access over 10 million pages of study
documents for 1.3 million courses.

Sign up

Join to view


OR

By registering, I agree to the Terms and Privacy Policies
Already have an account?
Just a few more details

So we can recommend you notes for your school.

Reset Password

Please enter below the email address you registered with and we will send you a link to reset your password.

Add your courses

Get notes from the top students in your class.


Submit