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Contemporary Issues in World Order

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K Firman

on 11 December 2014

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Transcript of Contemporary Issues in World Order

Contemporary Issues in World Order
Non-Legal Responses
NGO’s are at the forefront of this principle. They have been involved in:
strengthening the acceptance of R2P
building NGO skills to apply pressure to governments
dealing with country specific situations
The International Coalition for the Responsibility to Protect (ICRTOP) was raised by NGO’s
International Coalition for the Responsibility to Protect (ICRTOP)
Supported by NGOs such as Oxfam, International, Human Rights Watch, the International Crisis Group and Refugees International.

The aim is to form partnerships with other NGOs and apply them to specific regions.
new international security and human rights norm (R2P)
This norm derived from the need to have ‘humanitarian intervention’ in the conflicts of Rwanda, Bosnia and Kosovo
This issue challenges the concept of state sovereignty
Legal Responses
The international Committee of the red Cross (ICRC) is an NGO
provide assistance
protect people in wartime
Geneva Conventions
most signed and ratified treaties of the world with 194 signatories- meaning it has universal jurisdiction
These treaties give the ICRC more jurisdiction and a legal personality of its own (IGO) and they enjoy privileges like the UN
Treaties
4 Geneva Conventions
1st GC protects wounded and sick soldiers, medical and religious personnel on land during war
2 GC protects wounded, sick and shipwrecked personnel at sea during war
3rd GC protects prisoners of war
4th GC protects civilians
All 4 have a common article (3) which covers situations of intrastate armed conflict
3 additional protocols
Conclusion
Legal Responses
onus is placed on nation states and international organisations
individual states: protect own citizens and help other states to do so
International organisations: (UN) the ‘responsibility to warn’ and generate prevention methods
NGOs and individuals: responsibility to draw policy makers attention
designed to prevent mass atrocity crimes
International humanitarian Law
refers to the body of treaties and humanitarian principles that regulate the conduct of armed conflict
based on treaties
The Hague Conventions, the 4 Geneva Conventions of 1949 and the Geneva Protocol
R2P
Prevention is the key response through:
building states capacity to safeguard human rights
remedying grievances and
conforming to the rule of law

If prevention fails, R2P requires whatever measures necessary to stop mass atrocity crimes (economic, political, diplomatic, legal, security or military (last resort))
http://www.responsibilitytoprotect.org/index.php/about-coalition
R2P
The crisis in Burma has recently caught the attention of the world, after the government’s violent crackdown on monks and other peaceful protesters in September 2007 and as the government obstructed international aid in the aftermath of cyclone Nargis in May 2008. The Burmese government has a long history of gross violations of human rights and violent suppression of ethnic minority communities in Burma which have led civil society to label Burma as an RtoP situation. Many countries have denounced the junta and are calling for an end to government-perpetrated human rights abuses. An increasing amounts of reports, analysis and calls have emerged denouncing the junta for its violations of human rights and international humanitarian law, based on the international norm of the Responsibility to Protect.
Burma
Two contradictory aspects of the UN charter are developed
the non-interference principle in relation to state sovereignty
obligation of UN members to act against human rights violations
Priorities for R2P
correct labelling of R2P conflicts
prevention not military action
The UNSC needs to develop specific guidelines when force is used (Libya 2011)
More power given to IGO’s
http://www.responsibilitytoprotect.org/index.php/about-coalition
R2P
The crisis in Burma has recently caught the attention of the world, after the government’s violent crackdown on monks and other peaceful protesters in September 2007 and as the government obstructed international aid in the aftermath of cyclone Nargis in May 2008. The Burmese government has a long history of gross violations of human rights and violent suppression of ethnic minority communities in Burma which have led civil society to label Burma as an RtoP situation. Many countries have denounced the junta and are calling for an end to government-perpetrated human rights abuses. An increasing amounts of reports, analysis and calls have emerged denouncing the junta for its violations of human rights and international humanitarian law, based on the international norm of the Responsibility to Protect.
Burma
Conclusion
Nuclear weapons are the most serious threat to world order.

This could happen in a matter of hours, decided by one person.

The only way to combat this is through multilateral cooperation. UNSCs Resolution 1887 of 2009 give some cause for optimism for the future.


UNSC and Nuclear Disarmament
Tug of war between the Cold War years
UNSC has strived to work on a case by case basis with countries of interest
The Principle of 'Responsibility to Protect'
Regional and Global Situations that threaten peace and security: The Nuclear Threat
Nuclear Weapons are the greatest threat to peace and security globally

There has been a reduction of nuclear weapons. However, the detonation of only a few hundred would cause massive ecological and humanitarian disasters
Legal Responses
Bilateral Treaties have been established to disarm nation states
1983-USA and USSR talks
1991 - They sign START 1 which reduces their arsenals of warheads
2002 - SORT Treaty signed - criticism was made because many nuclear arms were simply stored
Multilateral Treaties
The Nuclear Non-Proliferation Treaty (NPT) 1968 - reducing countries that possessed nuclear weaponry

Comprehensive Test Ban Treaty (CTBT) by 1996. 182 signatories and 153 ratifications. The United States has not ratified the treaty
http://armscontrolcenter.org/publications/factsheets/fact_sheet_bipartisan_concern_about_the_threat_posed_by_nuclear_terrorism/
Nuclear Non-Proliferation Review Conference 2010
IRAQ
Resolution 687 in 1991 - destruction of all chemical, ballistic and biological weapons by Saddam Hussein
Comply to rigorous UNSC weapons inspections
Still today there have been no weapons of mass destruction (WMD) have been found in Iraq
NORTH KOREA
In the early nineties, North Korea began developing nuclear weapons that were known to the worlds powers
Agreements were made with the USA but in 2003 N. Korea withdrew from the NPT
2006 it detonated a nuclear bomb (as a test apparently), followed by UNSC pressure, which still remains today
IRAN
From 2006 UNSC have been putting pressure on Iran, which is determined to develop nuclear bombs.

Maintenance of international peace and security: Nuclear non-proliferation and nuclear disarmament
all 15 members of the UNSC voted yes
Strong support for NPT
Pressure was applied to non signatories such as India, Pakistan and Israel
UNSC Resolution 1887
Non-legal Responses
International Weapons of Mass Destruction Commission
Established in 2003 by Swedish government.
It was set up as a response to slowed progress on non-proliferation, arms control and disarmament.
2006 Report "
Weapons of Terror: Freeing the World of Nuclear, Biological and Chemical Weapons
"
Australia's Gareth Evans worked on this report and was awarded the Sydney Peace Prize for his 'principled and courageous opposition to proponents of war in Iraq
The International Commission on Nuclear Proliferation and Disarmament and the NPT review Conference
Initiatives by world leaders are an important non-legal means of promoting world order.

The main goal was to develop tighter rules for the 40 year old NPT.

The report released in mid 2009 "Eliminating Nuclear threats: A Practical Guide for Global Policymakers" failed to make any impact.


http://www.un.org/en/conf/npt/2010/npttext.shtml
The world depends on leaders of states with nuclear weapons to undertake the following:
set an example to the rest of the world by cutting their own nuclear arsenals
take coordinated action against countries such as North Korea
Commit to no weapons in space
strengthen the control and security of nuclear weapons
ban the production and stockpiling of fissile material
ban all weapons of mass destruction
build trust no bombs

How does this interact with the idea of state sovereignty?
Rules regarding the conduct of hostilities:
International humanitarian law
Courts
ICRC was instrumental in the creation of the ICC
in 1945-46 the Nuremberg Trials put top Nazi leaders on trial for war crimes it set a precedent of holding leaders accountable for their actions
In 1948, When the Convention on the Prevention and Punishment of the Crime of Genocide was adopted, the UN general assembly asked the international Law Commission to develop a treaty establishing a court to hear and determine charges of genocide.
Abu Ghraib and Guantanamo: the Geneva Conventions defied
see page 420 for more information
Non-legal responses
The ICRC plays a significant role in educating military forces of the world and the general public.

It has extensive programs in schools so that the next generation can be fully informed.

They also initiate the rules and enforcement mechanisms regarding the conduct of war and work in many non-legal ways to help people in armed conflict.
Conclusion
Rules regarding the conduct of hostilities have evolved into a sophisticated branch of public international law.

International humanitarian law plays an important role in the maintenance of the international rule of law, which in turn promotes world order.
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