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Final- short answers


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security council
⬢initially designed to fufill UN charter: maintain international security and peace
⬢15 members (5 perm)
-ch 6: non coercive- peace keeping missions, resolutions
-ch. 7: coercive: call on member states to create UN force, sanctions
Economic and Social Council:
⬢ gave CHR power in engage in fact finding under Res: 1235
Commission on Human Rights
⬢Res 1235 gave power to investigate bodies, have them submit a report. if the report is bad, can send to ECOSOC, ECOSOC can send to GA. GA can censure>> shame and exposure
⬢responsible for drafting and encouraging treaty signing
truth commissions
⬢ south africa, nelson mendela.
⬢establishes restorative justice as oppsose to punitive justice
⬢road between vengeance and forgiveness
Torture Victim Protection Act
⬢extended ATCA US citizens
⬢US civil suits
laws of war
International Humanitarian Law
⬢during conflict only (overcoat)
⬢protect combatants and non combatants
⬢ wear uniforms
⬢open weapons
Prisoners of War:
⬢covered by 3rd article of Geneva Convention
theory of command responsibility
1) prove superior/subordinate relationship
2) prove knew of crime or should have
3) didnt prevent of punish
Geneva Conventions (foundation of the laws of war)
customary law
work to protect:
1) soldiers on land
2) sailors at sea
3) POW
4) civilians
grave breaches of the geneva convention
⬢willful killing of protected person
⬢excessive destruction of property
⬢destroying place of worship
⬢unlawful deportation of civilians
Refugee Act 1980
⬢ way of adjusting national law in accordance to recently signed Convention Relating to the Status of Refugees
⬢by signing on to the Convention relating to the status of refugees, countries are prohibited from sending away refugees
Agreement on Textiles and Clothing:
⬢ 10 year phase out of MFA
(whoever has the cheapest clothing, you can get from)
Multi Fiber Agreement:
⬢established quotas for countries in which imports were jeoperadizing domestic industry
International Labor Organization:
⬢monitored standards
⬢ensures the right to unionize
Workers Rights Consortium:
a college and university organisation dedicated to ensuring that factories producing clothing and other goods respect the basic rights of workers
writ of Habeus Corpus
-right to challenge unlawful detainment
-cornerstone of democracy
Guantanamo Bay
up to 750 being held
⬢holding them in interrogation to find out about terrorism
⬢torture is taking place. believe fear will stop attacks
many of the detainees:
-are without legal council
-not been criminally charged
-have been held for an indefinite period of time.
-many rendered
limited extra territorial effect
if individual is not a US citizen, and they are arrested off US soil, the US constitution does not apply
Combatant Status Review Tribunals:
-different from ordinary tribunal because
⬢overseen by military personnel
⬢burden of proof on detainee
⬢not given attorney but personal representative
derogable rights
⬢ in face of public emergency-when a nation is at tremendous risk some rights can be derogated(cant be discriminatory)
⬢ some absolutely cannot, like torture
Internation Criminal Court:
⬢right to a fair trial
⬢defendent presumed innocent
⬢burden of proof lies with prosecution
⬢intent to commit crime must be proven
⬢anyone can be tried regardless of any immunities
⬢cant impose the death penalty
hybrid tribunals
both state and UN sponsored
(i.e. Sierra Lionne)

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