POLSCI 160 Lecture Notes - Lecture 32: International Criminal Court, Hague Conventions Of 1899 And 1907, Genocide Convention
5 Jan 2017
School
Department
Course
Professor
Growth of International Law
● Human Rights Law
○ Universal Declaration of Human Rights (1948)
○ Genocide Convention (1948)
■ In response to the Holocaust
○ ICCPR, ICESCR, CEDAW, CERD, CAT, CRC (1960-present)
Norms vs. Law
● Norms: a shared principle about which actions are appropriate for different social roles
○ What conduct is proper and improper
○ Sometimes is not universal
○ Ex: national self-determination, nondiscrimination in trade
● International Law: the codification of norms into formal treaties
○ Define appropriate behavior and the consequences of inappropriate behavior
○ Resolve conflicts between norms
○ Many norms do not get turned into law
War Law
● Laws of war seek to limit the violence of war
● History of War Law
○ Hague Conventions (1899, 1907)
■ What did it do
● Some protection for prisoners of war and wounded enemy soldiers
● Some protection for civilians
● Defines the use of weapons of war
■ Some of these laws were followed during WWI, others were broken
○ Geneva Conventions (1864, 1906, 1929, 1949)
■ What did it do
● Expanded on rights of rights of wartime prisoners and the
wounded
● Expanded on civilian protection
● Forbid the use of chemical weapons
■ Again, some worked during WWII, others were violated
■ 1949 convention culminated the improvement of laws after WWII
● Has been ratified by 196 countries, some with reservations
○ Additional Protocols occurred in the 1970s
■ Focused on human rights and humanitarian conduct
○ International Criminal Court (1998, went into effect in 2004)
■ To address genocide and war crimes through international trials
○ Treaties in the last 20 years
■ Limited production of chemical weapons
■ Limited the use of landmines
● Issues on Limiting Violence
○ Prisoners of War (POWs)
■ May be held until the end of war in detention camps under humane
conditions
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Document Summary
Norms: a shared principle about which actions are appropriate for different social roles. International law: the codification of norms into formal treaties. Define appropriate behavior and the consequences of inappropriate behavior. Many norms do not get turned into law. Laws of war seek to limit the violence of war. Some protection for prisoners of war and wounded enemy soldiers. Defines the use of weapons of war. Some of these laws were followed during wwi, others were broken. Expanded on rights of rights of wartime prisoners and the wounded. Again, some worked during wwii, others were violated. 1949 convention culminated the improvement of laws after wwii. Has been ratified by 196 countries, some with reservations. Focused on human rights and humanitarian conduct. International criminal court (1998, went into effect in 2004) To address genocide and war crimes through international trials. May be held until the end of war in detention camps under humane conditions.
