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Carleton University
LAWS 2105

Laws 2105 Lecture NotesSocial Justice and Human RightsthSeptember 6 2012 Lecture OneProfessor Amy BartholomewCourse OutlinethSeptember 20 2012 Lecture TwoWestphalian Sovereignty Contract of mutual indifferenceWhen authors discuss this they are talking about an old form of Intl Law that treated states as the only subjectsobjects in Intl LawInternational LawWestphalian International LawClassical International Law synonymousUnder a Westphalian conception the rights of sovereign states are emphasizedWestphalian model suggested all states are sovereign equalsIntl law depends entire on consent to joinNo authority higher than the stateStates have the power to act externallyintegrallyInternational sovereignty1928 KelloggBriand pact war was more definitively outlawedUN Charter 1948Post WWIIPost HolocaustNuremberg Tribunal at end of WWII1948 UNDHRDevelops into intl criminal law systemalmost entirely after the end of the Cold WarInternational Bill of Human Rights review onlineIn order to avoid the scourge of war we the United Nations decide to establish this charter to protect our human rightsInternational humanitarian law refers to the law of war ironichow states are permitted to engage in war once the decision to go to war has been made Geneva ConventionsABs viewHolocaustWWII account for revisions in intl lawWWII itself was a total warIt involved all sides engaged in total war tactics They refused to distinguish between soldiersmilitary and civiliansWhatever was required to win the warMeant to kill civilians bc it was meant to bring Germany to its kneesTerror bombingsmeant to terrorize populationsAfter WWII states decided these tactics should be considered illegalIntentionally targeting civilians is illegalTreatment of POWsnot criminals they are detainees to be treated humanelyw a certain level of respect States cannot make unilateral decisions to engage in warthe UNSC has to give you the okay to engage in war Principle of NonInterventionyou may not intervene in the affairs of another state unless the UNSC grants permission or you are reacting in selfdefenceDevelopment of the concept of genocidecrimes against humanityHuman Rights covenants UNDHR Covenants 2 3 came out in 1966 and are supposed to legally bindingGenocide Convention is supposed to be legally bindingIntroduction of these was to try to make real the commitment of never again What are intl human rightsAre they agreements btwn states where each state says to the rest of the world that they will not violate their citizens But these are interstate agreementsso it follows that if they violate these rights would they be able to say its behind closed doorsOr is it a cosmopolitan law Are they agreements that we will respect the human rights of every human on earth in so far as that are possible Cosmo law takes the understanding of individuals being the objects of intl law Responsibility to protect idearesponsible for the whole world if necessary legitimatelylegally can intervene in another states sovereignty to provide humanitarian intervention Cosmopolitan pov can be used negativelyUS used this pov to say that the invasion of Iraq was necessary to protect human rights of IraqisWeaker states are worried about the using of cosmo view to read into human rights bc of how it can be used to violate themABs viewless about the legality of govt action but about citizens using the legal language revolving human rights etc to bring govts to accountability Only way the US could ever be tried by the ICC would be if the UNSC required ithowever they are a member of the P5 sothats not happeningPost ColdWar Era 19902001Cosmopolitainisation of the International Human RightsInternational Law andor further entrenchment of Imperial power through themRomeo Dallaires passion about how it would not take that much to stop the Rwandan Genocide it was entirely doable This is important bc there are situations today where people say its too difficult when the situation in Rwanda was possibly it was a moral responsibility Failure to protect Bosnian Muslims was another huge failureNATO Invasion of Kosovo 1999Into the former Yugoslavia wo SC approval claiming that it was in the name or protecting Kosovar people this means that the intervention was illegal
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