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

by Anu J
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Social Science
SOSC 1375
Olena Kobzar

- 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
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