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WORLD ORDER – ESSAY PLANS

THEMES AND CHALLENGES

The role of law in encouraging cooperation and resolving conflict in regard to world order

Issues of compliance and non-‐compliance (In class essay AND Reword) Examine the role of sovereignty in assisting and impeding the resolution of world order issues

Explain the role of nation states in achieving world order.

Introduction/ Thesis

Para 1 UNSC -‐

peacekeeping

o The United Nations (UN) is largely effective as it aims to promote peace and maintain security by

intervening in global threats through the actions of the Security Council (UNSC). § The UN Charter provides the UNSC with the jurisdiction “to dispatch peacekeepers into conflict

zones in order to provide support”. § UNSC resolutions intend to impartially resolve conflict and enhance the compliance of nation-‐

states by encouraging them to adhere to international standards. In particular, peacekeeping relies on the willingness of nation states to comply with mandates by allowing peacekeepers into the region.

o EFFECTIVE CASE: East Timor (1999) § INTERFET peacekeeping force under Australian command. § Indonesia’s willingness to comply à resulting in peacekeeping forces § INTERFET able to intervene and assist in the resolution of conflict § Article: (The Australia 2009) “A tough job done in Timor”:

⇒ This was achieved by providing the UN with necessary resources, resulting in a “near perfect mission”.

§ Case where state sovereignty assisted the achievement of world order à UN Charter. § Responsiveness of the international community à ensuring compliance is maintained

o INEFFECTIVE CASE: Darfur (2003-‐present). § Following tensions between Sudanese rebel groups and the government, president Omar al-‐

Bashir carried out a series of attacks with the intention of ‘ethnic cleansing’ Darfur’s non-‐Arab region, resulting in a wide-‐scale genocide.

§ Resolution 1769 in 2007 à (UNAMID) to implement peace agreements and protect civilians § Article: (2012 Deutch Welle) ‘Has the UN mission in Darfur failed?’:

⇒ “experts criticise the Sudanese government for sabotaging the peace building process,”

⇒ UNAMID delayed for several years due to the governments refusal to comply by obstructing the entry of peacekeepers.

§ UNSC mandates demonstrate responsiveness, § Ineffective at resolving conflict as they rely on the willingness of nation states to comply and

accommodate peacekeeping forces.

Para 2 Courts and Tribunals

o International courts and tribunals are also moderately effective at resolving conflict and promoting

peace. • Effectiveness à varies from court to court + relies willingness to comply. • ICC is (UN) “principal judicial organ of the United Nations”

• Provides; 1. Advisory opinions 2. Contentious disputes between states.

o Advisory opinions • In theory are effective à provide a non-‐biased third-‐party decision in the best interest of the

international community + preventing countries from using force • BUT rely on the willingness to comply • E.g. Israeli West Bank Case (2004).

⇒ ICJ says à wall = “contrary to international law” ⇒ Article: (Al Jazeera 2015) ‘Israelis wall: Secuirty or Apartheid”: Israeli government

refused to accept the ICJ’s jurisdiction by continuing to construct what is today accused of being an “apartheid wall” between Palestine and Israel.

⇒ Non-‐binding nature of ICJ decisions ⇒ Article: (JPost 2017) ‘ICJ should rule on Israeli, Palestinian compliance failure: 'Conflicts

cannot be resolved if nation states are not willing to comply with the resolutions. ⇒ Long-‐standing and intractable tensions between Israel and Palestine = deeply

entrenched socio-‐political issues. o Contentious inter-‐state disputes

• ICJ is largely effective at resolving conflicts and promoting peace when countries agree to “abide by its decision”

• E.g. Benin v Niger (2005) ⇒ ICJ ended a 4 border dispute between the two countries over 25 islands by awarding

each nation a specific number of disputed islands ⇒ Article: (IRIN 2005) ‘International Court rules that main disputed island belongs to Niger

not Benin’”: The West African nations proclaimed their state sovereignty and attended the ICJ in 2002, promising to “comply by its decision”

⇒ Role of the ICJ in serving as a forum for discussion and negotiation between hostile states who are willing to comply

Para 3

Instruments

o International instruments; • Agreements that place an obligation on nation states to act in a particular way or to adopt a

certain type of behaviour as the norm • Govern legal relations between nations • Array of forms, such as treaties, documents, or conventions with the aim to bind agreements

between nations, promote trade links and decrease the accumulation of conflict. • interdependence of nation states à compliant states are able to ratify international treaties

to form a ‘collective security’ • e.g. multilateral treaties such as the UN Charter and the Nuclear Non-‐Proliferation Treaty

(1968) o Restricted b/c SS as founded by the Treaty of Westphalia.

• State sovereignty is often an impediment to the maintenance of WO • Nation-‐states are able to reject soft law, limiting its ability to maintain a just equilibrium

among nations. o E.g. North Korea’s rejection of the Nuclear Non-‐Proliferation Treaty (1968).

• The development and use of nuclear weaponry during WWII awakened the world’s fears of mutually assured destruction à formation of the Nuclear Non-‐Proliferation Treaty (NPT) in 1968 temperately quelled these concerns

• Aim to inhibit the dispersal of nuclear weaponry outside the US, Russia, the UK, France, and China, the professed ‘Nuclear States’.

• South Africa became the first nation to comply with the treaty by rejecting the nuclear

The impact of changing values and ethical standards on world order + The role of law reform in promoting and maintaining world order

weapons it had created for itself. • 190 signatories • Article: (The Guardian 2003) North Korea withdraws from nuclear treaty: 2003 à North

Korea “announced it was withdrawing from the treaty”, blaming “US aggression for its decision”.

• Article: (The Australian 2017). ‘Stop North Korea and Iran before Nuclear weapons spread across globe’: North Korea has since asserted their state sovereignty and “test-‐launched ballistic missiles, potentially capable of hitting the US east coast, proving the failure of the non-‐proliferation policy.

• North Korea’s non-‐compliance impedes the effectiveness of the treaty to a large extent, as nuclear proliferation has the capability to cause a mass atrocity that is described as a “potential World War 3”.

Introduction/Thesis

Para 1 IHL

o Following the horrendous ramifications of WWI, the necessity for rules regarding the conduct of hostilities was triggered.

o WWI involved widespread death due to the use of advanced weaponry such as flamethrowers, which caused the global community to recognise that some weapons, such as depleted Uranium, should never be used.

o Geneva Conventions formed; • with the intention of humanizing inter-‐state war. • A particular focus was placed upon the treatment of non-‐combatants in war, which involve

those who are present in a war but who are not participating, such as doctors and medical personnel.

• The four GCs along with the additional protocols deal with the rules of war upon land, air and sea, along with the treatment of prisoners of war and non-‐combatants.

o ICRC • ICRC assists in the enactment of the GCs • Treats the sick and wounded in war regardless of which ‘side’ they are on • Australian Aid 2010 à treatment to 5.2 million people and provided economic assistance to

4.9 million people. • Australian Aid claims that the ICRC’s “unparalleled access in some of the most fragile

countries” make it an effective organisation in the promotion of humanitarian law o CANNOT be applied to intra-‐state – limitation

• While article 3 covers intra-‐state conflict across all GCs, it is difficult to enforce as the government or government backed militia are typically the ones violating the GCs.

• Hence, they will attempt to hide behind SS. • The modernization of warfare has lead to the disregard of the GCs, as guerilla warfare and

covert operations where the enemy lacks a uniform cannot be accounted for under the conventions.

• CASE: Assad government in Syria • CASE: the US refused to acknowledge the rights of detainees under the GCs because during

their conflict with Iraq and Afghanistan, ‘rebels’ used guerilla-‐style attacks like roadside bombs against the US.

Para 2 Formation of

the UN

o The League of Nations Covenant gave way to the United Nations Charter (UN Charter) in 1945

following WWII with the aspire to maintain peace. • The Charter established cemented guidelines regarding how peace may be accomplished,

setting a universal standard for states to pursue. o The UN Security Council (UNSC)

• Founded under the UN Charter, entrusted with the role to solve threats to peace. • activating absolute or partial interruption of economic relations and disrupting communication

methods. • If this fails, the UNSC may initiate force via economic sanctions or military action

⇒ e.g. Gulf War of 1991 when the UNSC organised military action against Iraq. o Limitation of UNSC – Veto;

• The UNSC consists of 15 member states, 5 are permanent members with the power of veto. • Article (SMH 2012): World Body slowly losing significance: “a great inhibition to the smooth

and effective functioning”, “UN limited b/c veto” • Therefore, whilst the UN Charter’s “collective security” system implemented through the

UNSC has decreased tensions among states, modifications are essential to maintain WO. • Case Example: Despite Syria’s humanitarian crisis with Assad government, Russia and China’s

vested interests à veto to block the conflict from going to the ICC • Case Example: Russia is invading Ukrain and breaching SS but also Veto to dismiss conflict

Para 3 R2P

o Formation

• The restrictions of the GCs and the ICRC in achieving a stable WO, as well as the wide-‐scale atrocities in Rwanda, gave rise to the UN’s “R2P”

• Bush said sorry in response to à Rwandan genocide where 800,000 civilians were murdered within 100 days without a response from the international community

• R2P aims to bridge the divide between the principle of state sovereignty and the right of humanitarian intervention by providing that states have the responsibility to protect their citizens but if they do not, the international community has the responsibility in some instances to intervene

o Effective: Libya • Following widespread and systematic attacks against the civilian population by the regime in

the Libyan the UNSC, on 26 February 2011, unanimously adopted Resolution 1970, making explicit reference to the responsibility to protect

• Article: Libya and the R2P: Results and Prospects (By Simon Adams 28th March 2014) ⇒ Deploring what it called “the gross and systematic violation of human rights” in strife-‐

torn Libya ⇒ the UNSC demanded an end to the violence, “recalling the Libyan authorities’

responsibility to protect its population” ⇒ Imposed a series of international sanctions that was hailed as “a historic diplomatic

moment”. • Article (By Gareth Evans 9th September 2013):R2P down but not out after Libya and Syria:

The fact that this resolution was adopted without a single negative vote reflected that “the world needed to act”.

o Ineffective: Syria • 4 February 2012 the UNSC voted on a draft resolution backing an Arab League plan to resolve

the crisis in the country • UN officials estimated that security forces had killed well over 7,500 people since the popular

uprising began in March 2011 • The draft resolution called on the Syrian Government to cease violence against civilians and

The effectiveness of legal and non-‐legal responses in promoting and maintaining world order.

withdraw its armed forces • China and Russia exercised their vetoes and therefore blocked the adoption of the resolution. • Article (By Gareth Evans 9th September 2013):R2P down but not out after Libya and Syria

⇒ This lack of consensus in the UNSC as to how to react to mass atrocity crimes in Syria has “raised obvious questions about the current vitality and utility of the (R2P) doctrine”.

⇒ In this case, R2P has virtually been largely ineffective at protecting the rights of civilians due to the vested interest of P5 members.

Para 4 NPT

o International concerns in regards to nuclear war



o Effective: mostly as most countries have signed the NPT • South Africa became the first nation to comply with the treaty by rejecting the nuclear

weapons it had created for itself • 190 signatories

o Ineffective: North Korea due to state sovereignty à E.g. North Korea’s rejection of the Nuclear Non-‐Proliferation Treaty (1968).

• Article: (The Guardian 2003) North Korea withdraws from nuclear treaty: 2003 à North Korea “announced it was withdrawing from the treaty”, blaming “US aggression for its decision”


• North Korea’s non-‐compliance impedes the effectiveness of the treaty to a large extent, as nuclear proliferation has the capability to cause a mass atrocity that is described as a “potential World War 3

o Treaty on the Prohibition of Nuclear Weapons (2017) à Signed in September • Article: “Treaty banning Nuclear Weapons approved at UN” – The Guardian 2017

⇒ Treaty endorsed by 122 countries at UN ⇒ All countries that bear nuclear weapons à tried to boycott ⇒ President of UN conference: “This is a very clear statement that the international

community wants to move to a completely different security paradigm that does not include nuclear weapons.

⇒ International Campaign to abolish Nuclear Weapons: “We banned biological weapons 45 years ago, we banned chemical weapons 25 years ago, and today we are banning nuclear weapons.”

Introduction/Thesis

Para 1 UNSC

peacekeeping


intervening in global threats through the actions of the Security Council (UNSC). § The UN Charter provides the UNSC with the jurisdiction “to dispatch peacekeepers into

conflict zones in order to provide support”. § UNSC resolutions intend to impartially resolve conflict and enhance the compliance of

nation-‐states by encouraging them to adhere to international standards. In particular, peacekeeping relies on the willingness of nation states to comply with mandates by allowing peacekeepers into the region.




o INEFFECTIVE CASE: Darfur (2003-‐present). § Following tensions between Sudanese rebel groups and the government, president Omar al-‐

Bashir carried out a series of attacks with the intention of ‘ethnic cleansing’ Darfur’s non-‐Arab region, resulting in a wide-‐scale genocide.

§ Resolution 1769 in 2007 à (UNAMID) to implement peace agreements and protect civilians § Article: (2012 Deutch Welle) ‘Has the UN mission in Darfur failed?’:

⇒ “experts criticise the Sudanese government for sabotaging the peace building process,”

⇒ UNAMID delayed for several years due to the governments refusal to comply by obstructing the entry of peacekeepers.

§ UNSC mandates demonstrate responsiveness, § Ineffective at resolving conflict as they rely on the willingness of nation states to comply and

accommodate peacekeeping forces.

Para 2 Courts and Tribunals

o International courts and tribunals are also moderately effective at resolving conflict and promoting peace.

• Effectiveness à varies from court to court + relies willingness to comply. • ICC is (UN) “principal judicial organ of the United Nations” • Provides;

3. Advisory opinions 4. Contentious disputes between states.

o Advisory opinions • In theory are effective à provide a non-‐biased third-‐party decision in the best interest of

the international community + preventing countries from using force • BUT rely on the willingness to comply • E.g. Israeli West Bank Case (2004).

⇒ ICJ says à wall = “contrary to international law” ⇒ Article: (Al Jazeera 2015) ‘Israelis wall: Secuirty or Apartheid”: Israeli government

refused to accept the ICJ’s jurisdiction by continuing to construct what is today accused of being an “apartheid wall” between Palestine and Israel.

⇒ Non-‐binding nature of ICJ decisions ⇒ Article: (JPost 2017) ‘ICJ should rule on Israeli, Palestinian compliance failure:

'Conflicts cannot be resolved if nation states are not willing to comply with the resolutions.

⇒ Long-‐standing and intractable tensions between Israel and Palestine = deeply entrenched socio-‐political issues.

o Contentious inter-‐state disputes

• ICJ is largely effective at resolving conflicts and promoting peace when countries agree to “abide by its decision”

• E.g. Benin v Niger (2005) ⇒ ICJ ended a 4 border dispute between the two countries over 25 islands by awarding

each nation a specific number of disputed islands ⇒ Article: (IRIN 2005) ‘International Court rules that main disputed island belongs to Niger

not Benin’”: The West African nations proclaimed their state sovereignty and attended the ICJ in 2002, promising to “comply by its decision”


Para 3

NGO’s – ICRC, ICG

o ICRC – Aid during War

• ICRC assists in the enactment of the GCs • Treats the sick and wounded in war regardless of which ‘side’ they are on • Australian Aid 2010 à treatment to 5.2 million people and provided economic assistance to

4.9 million people. • Australian Aid claims that the ICRC’s “unparalleled access in some of the most fragile

countries” make it an effective organisation in the promotion of humanitarian law

o ICG -‐ East Timor § The ICG assists the Timor-‐Leste Government and the UN administration there by producing

reports on issues that are of vital importance to Timor-‐Leste’s future peace and security. § No Time For Complacency (Feb 2009 report)

⇒ Noted that the security situation had dramatically improved since 2008 but that there were still problems with security, the justice system was weak and corruption was still a concern.

⇒ Assistance was still needed from the UN, Australia and the international community. § Handing Back Responsibility (December 2009 Report)

⇒ To Timor-‐Leste’s Polices ⇒ Very critical of the way in which the UN administration came in and took control of

the Timor-‐Leste police. o Amnesty – Arms Trade Treaty (2013)

• Put an enormous pressure on governments to sign the Arms Trade Treaty 2013 • Has been on the agenda since 1995 • E.g. Conflict in Yemen

Para 4 The Media – East Timor,

China’s Secret War Darfur

o Alias Ruby Blade – East Timor

• Highlighted the important role that the media played in East Timor • Footage of the massacre recorded by Australia journalists • Brought international attention and was the beginning of international efforts to bring peace to

the region • E.g. deployment of UNAMET forces

o China’s Secret War – Darfur • Revealed that China was ignoring the arms embargo against Sudan by supplying the government with

weapons • They were able to do so, as the media is more flexible in dealing with countries and is not subject to

the same niceties as the UN • Other media eventually followed, increasing awareness • Publicity from this lead to a change in Chinas response, in order to comply with the 2005 arms

embargo

THE NATURE OF WO

Discuss the concept of ‘world order’ + Describe the need for world order Intro Para 1

Meaning and Need for

world order

o World Order -‐ the activities and relationships between the world’s states, and other

significant non-‐state global actors, that occur within a legal, political and economic framework; an international set of arrangements for promoting stability and peace

o Other Definitions § World Order describes the way in which nation states cooperate in a coherent

manner in order to promote peace, security, global equality, stability and the absence of conflict

§ An ordered world, with a sense of global security, certainty and peacefulness § A hierarchy of global powers – diplomacy and capacity to influence global events –

some countries are more powerful than others and this changes (e.g. Global ‘Firepower Index’ -‐ US, Russia, China, India, UK, France, South Korea, Germany, Japan, Turkey)

§ The notion of peace § Order does not always bring peace – you can have order w/o peace and peace w/o

order e.g. in a dictatorship, one or two countries can have full power and have order but it won’t have peace

WHY WE NEED IT o Absence of conflict o Expansionism – the effect of colonisation on border o Conventional Warfare; regularisation of armies, trained/payed for state armies, the

formalisation of state-‐sanctioned war, declarations of war, legal rules, Geneva Conventions and Additionally Protocols

o War has become more threatening o Interdependence o Expansionism has lead to border issues, self-‐determination, reclaimant of traditional land e.g.

Spain with Etah people, Hazara and Pashtuns in Afghanistan following Mongol invasion o Increasing interdependence of nations à globalisation

§ Economic – rely on each other for trade (economic integration) ⇒ One falls, many will fall e.g. GFC 2007 – shows how when one country falls it

o The New Killing Fields Panorama-‐ BBC 2004 • Made the international community aware of the genocide in Sudan • This made the international community aware of the government's breach of international law • Pressured international legal responses by UN and US

⇒ In 2008, a hybrid UN-‐AU peacekeeping mission arrived in Darfur, after being authorised by Security Council Resolution 1769 in 2007

⇒ UN declared the conflict a genocide in 2005 ⇒ Referred President AL-‐Bashir to the International Criminal Court

o Nuclear Proliferation • Due to a lack of progress regarding the NPT, many experts expressed the need for legal change

through the media • ARTICLE: Tilman Ruff (The Conversation): Examples of law reform concerning chemical and biological

weapons, were much more rapid in establishing change in international law, when compared to nuclear weapons

• Media discussion could raise awareness of the flaws surrounding the lack of legal responses in relation to the NPT

• ARTICLE: “Fatal flaws” -‐ Geoffrey Robertson (SMH) ⇒ Regarding its lack of enforceability ⇒ Despite this media discussion, there were no legal responses to these issues ⇒ Reflects the media’s ability to promote world issues, but highlights how it relies heavily

on legal responses to implement recommendations made

impacts the hold world (recession) § Mass atrocities – e.g. genocide (holocaust), war crimes (Syria)

⇒ Fleeing refugees impact on many countries § Changing nature of weapons

⇒ Nuclear – e.g. current threat of North Korea ⇒ Cyber Attacks ⇒ Chemical/Biological weapons – e.g. Syria chemical attack killing civilians,

Anthrax ⇒ Cluster bombs – small bombs left along after war has finished e.g. Laos,

Afghanistan

Para 2 Development over time

o Current world order is founded upon the two principals of state sovereignty and multilateralism

(face value seems contradictory) § State sovereignty -‐ Is a nations power to govern themselves without the interference of

the international community § Multilateralism -‐ Is cooperation between multiple states for mutual benefit or to deal

with common problems often requiring a surrender of some state sovereignty

Para 3 Nature of conflict

Interstate

o Conflict Between States o 1st Additional Protocol (AP) of Geneva Convention applies o UN charter originally aimed at interstate

Nuclear War Conventional War

o involves the use of atomic or hydrogen

bonds o Indiscriminate mass harm o 1945 (last nuclear atomic bomb was

dropped in Japan) à the number of types of nuclear weapons has increased

o The US, Russia, Britain, France, China, India, Pakistan and Israel all have nuclear weapons

o Both North Korea and Iran are suspected of attempting to build nuclear weapons in violation of the 1968 Nuclear Non-‐Proliferation Treaty

o As of 2016 there are approximately 16 000 nuclear weapons in existence.

o According to Robert McNamara, US Secretary of Defense from 1961 to 1968, luck has been the major factor preventing a nuclear war in the past 70 years.

o Use of thousands of nuclear weapons in a conflict between Russia and the United States would probably destroy all life on Earth.

o Terrorist groups may succeed in acquiring nuclear weapons which makes it’s difficult for the international community to deal with as terrorists are not compliant with international laws

o Use of large, well organised military forces, trained armies, navies, air force

o State sanctioned war o Clear command structure o Most wars have been conventional o Difficult for the international community to

deal with as can involve many countries with opposing views

o Large scale -‐ hard to control o Armies wear uniform o Geneva conventions apply Drafters of the UN Charter had this in mind when they wrote the first words of the Preamble: ‘We the peoples of the United Nations determined to save succeeding generations from the scourge of war, which twice in our lifetime has brought untold sorrow to mankind ...’ o Korean War o Vietnam War o War in Middle East o Gulf War o Iran-‐Iraq War o Provision of armed force is in UN charter

chapter IV to deal with aggressive attacks between states

Intra State

o Conflict WITHIN a state – more common

o 2nd Additional Protocol of Geneva Convenction applies o More common type over the last 40 years à e.g. Syria

Terrorism War waged by government on own people

o Terrorism is actions intended to cause death or physical injury to civilians and to cause terror, with the intent of coercing a government or other body to meet certain demand

o Difficult for the international community to deal with terrorism as the leaders are usually non-‐compliant and are not afraid to threaten the lives of civilians

o 9/11 o Paris Attacks o Sydney Siege o London terrorist attacks in 2017 o Manchester Attacks o Orlando Shooting

o Dictatorial regimes often engage in systematic campaigns of genocide, mass murder, the elimination of classes of people, or state-‐sponsored terror and death squads

o Difficult for the international community to intervene as the government is non-‐compliant at adhering to international laws and treaties and often involves greater breach of human rights where the government is not afraid of hurting civilians

o Warfare is known as ‘democide’ -‐ captures essence of this activity as it is the killing of democracy

o Dafur o Sudan 2003 – 2009 o Hitler in World War 2 o Syria o Rwanda

Para 4 Access to

resources as a source of conflict

o “War is a continuation of policy by other means” – Carl von Clausewitz o Expansionism o Highly likely that competition for increasingly scarce resources will become a major source of

conflict (both intra and inter) CASE: United States and Middle East (Oil) o One major factor in the first Gulf War (1990–91) was the American fear that not only would Iraq

succeed in its annexation of oil-‐rich Kuwait, but also that it stood poised to invade Saudi Arabia. o The US viewed the prospect of an enlarged Iraqi superstate with control over the vast majority of

the world’s oil supplies as unacceptable. o Major factor in the US invasion of Iraq in 2003 was Iraq’s oil à Ridding Iraq of its leader, Saddam

Hussein, and installing a democratic pro-‐US government in Iraq would be in the United States’ geopolitical interests.

CASE: South China Sea dispute o Interstate dispute between China and various neighbours, including Vietnam and the Philippines o Countries laying claims to areas of South China Sea -‐à China, Vietnam, Malaysia, Philippines and

Bruno o China has claimed territorial waters BUT the UN has established 200 nautical miles worth of a

Exclusive Economic Zone o The 9 Dash Line -‐ Is china’s claim to the International waters based on customary international

law o Has 11 milllion barrels of oil, 10% of worlds fisheries, 30$ of global shipping route etc

RESPONSES TO WO

Effectiveness of the UN in achieving world order Intro Para 1

Function and o The League of Nations Covenant gave way to the United Nations Charter (UN Charter) in 1945

role – UN Charter – UNSC

following WWII with the aspire to maintain peace. • The Charter established cemented guidelines regarding how peace may be

accomplished, setting a universal standard for states to pursue. o The UN Security Council (UNSC)

• Founded under the UN Charter, entrusted with the role to solve threats to peace. • activating absolute or partial interruption of economic relations and disrupting

communication methods. • If this fails, the UNSC may initiate force via economic sanctions or military action

⇒ e.g. Gulf War of 1991 when the UNSC organised military action against Iraq. o Limitation of UNSC – Veto;

• The UNSC consists of 15 member states, 5 are permanent members with the power of veto.

• Article (SMH 2012): World Body slowly losing significance: “a great inhibition to the smooth and effective functioning”, “UN limited b/c veto”

• Therefore, whilst the UN Charter’s “collective security” system implemented through the UNSC has decreased tensions among states, modifications are essential to maintain WO.

• Case Example: Despite Syria’s humanitarian crisis with Assad government, Russia and China’s vested interests à veto to block the conflict from going to the ICC

• Case Example: Russia is invading Ukrain and breaching SS but also Veto to dismiss conflict

Para 2 Peacekeeping


intervening in global threats through the actions of the Security Council (UNSC). § The UN Charter provides the UNSC with the jurisdiction “to dispatch peacekeepers into






o INEFFECTIVE CASE: Darfur (2003-‐present). § Following tensions between Sudanese rebel groups and the government, president

Omar al-‐Bashir carried out a series of attacks with the intention of ‘ethnic cleansing’ Darfur’s non-‐Arab region, resulting in a wide-‐scale genocide.

§ Resolution 1769 in 2007 à (UNAMID) to implement peace agreements and protect civilians

§ Article: (2012 Deutch Welle) ‘Has the UN mission in Darfur failed?’: ⇒ “experts criticise the Sudanese government for sabotaging the peace

building process,” ⇒ UNAMID delayed for several years due to the governments refusal to

comply by obstructing the entry of peacekeepers.

§ UNSC mandates demonstrate responsiveness, § Ineffective at resolving conflict as they rely on the willingness of nation states to comply

and accommodate peacekeeping forces.

Para 3 Sanctions

and Embargo’s

Economic sanctions

• Restrictions by the UNSC on economic activity of a country or people associated with a country

Arms embargo • Prohibition by the UNSC on trading in arms with a country or groups within a country

Case Example: Libya 2011 • Resolution 1970 • Sanctions against the widespread use of violence by Muammar Qaddafi • This included travel sanctions on various politicians in the Ghaddafi government, as well as

an arms embargo and financial sanctions

Case Example: Iran • Several sanctions were imposed upon Iran due to the threat of nuclear weapons • Arms embargo, economic sanctions, travel bans • Aim of allowing unfettered supervision of its nuclear operations • They were in action for almost 10 years, but eventually lead to Iran abiding by an agreement

with six world powers, to curb its nuclear program and be subject to intensive inspections

Explain how Australia has responded to world order issues. Intro Para 1

Contribution to UN

Jessie Street

• Attended League of Nations Assemblies in Geneva in 1930 and 1938 • Co-‐founder of the UN Commission of the Status of Women and Charter of Women’s Rights

Dr H.V Evatt • Foreign Minister in the Chifley Labor government (1945–49), was elected president of the

UN General Assembly in 1948. Richard Butler

• Head of UN Special Commission (UNSCOM) • Charged with monitoring Iraq’s dismantling of weapons facilities after the Gulf War • Canberra Commission on the Elimination of Nuclear Weapons 1996-‐ to reduce and eventually

eliminate nuclear weapons

Gareth Evans • Served as Foreign Minister in the Hawke and Keating governments • Actively involved in the UN in the areas of nuclear disarmament and the new UN doctrine of

Responsibility to Protect Kevin Rudd

• In 2009, then Prime Minister Rudd took a leading role in the UN-‐sponsored debate on global warming and in the debate at the Copenhagen Conference in December.

Australia • In October 2012, Australia won a seat on the UN security council for 2 years until 2014 • Made significant contributions

Para 2

Peacekeeping


Forces intervening in global threats through the actions of the Security Council (UNSC). § The UN Charter provides the UNSC with the jurisdiction “to dispatch peacekeepers into






Para 3

Use of Force o Deploys the Australian Defence force Personnel to operations overseas to protect Australia and its

national interests

E.g. Mazurka, Egypt • 25 personnel • Assisting the Multinational Force and Observers (MFO) in overseeing peace agreements in the

region • ADF members assist in the peace process by monitoring the border, preparing daily operational

briefings and supporting the Headquarters.

E.g. South Sudan

• Operation ASLAN • 20 personnel • Assists the UN to protect the people of the Republic of South Sudan through the monitoring of

human rights and the delivery of humanitarian aid

Para 4 Sanctions

Australian autonomous sanctions UNSC and Australian sanctions

o Sometimes the UN can’t place sanctions for personal interests

E.g. Former Yugoslavia • Since July 1992 • Is targeted against persons associated with

the former Milosevic regime, and persons indicted or suspected of committing war crimes during the Balkan wars in the early 1990s

• Travel bans and targeted financial sanctions

E.g. Myanmar • In response to the Myanmar Government’s

failure to recognise the victory of the National League for Democracy in the elections in Myanmar in 1990

• Arms embargo, targeted financial sanctions and travel bans

• Financial sanctions lifted due to democratic

o Australia implements the UNSC sanctions

regimes

E.g. Iran • -‐ Several sanctions were imposed upon Iran

due to the threat of nuclear weapons • Arms embargo, economic sanctions, travel

bans • Aim of allowing unfettered supervision of

its nuclear operations • They were in action for almost 10 years,

but eventually lead to Iran abiding by an agreement with six world powers, to curb its nuclear program and be subject to intensive inspections

E.g. Libya • Resolution 1970 • Sanctions against the widespread use of

violence by Muammar Qaddafi

reforms in 2012 • Australia maintains some sanction measures,

including an arms embargo, due to concerns about ongoing armed conflict, weapons proliferation and human rights

• This included travel sanctions on various politicians in the Ghaddafi government, as well as an arms embargo and financial sanctions

To what extent has the use of persuasion and political negotiation been effective in achieving world order/ Evaluate methods of achieving world order that do not involve the use of force. Intro

• Depends on SS • Due to the increasing global interdependence on the world -‐ globalisation has meant that

countries increasingly rely on each other for resources due to trade links and resources • Therefore, political negotiation and persuasion are effective because they feed on vested

interests of countries to supply for their own country • Effective at achieving peace without means of active hostilities • State sovereignty can make it both effective and ineffective • UNSC and the power of veto

Thesis: Due to global interdependence and diplomacy, countries increasingly rely on each other for trade links and resources. Therefore, persuasion and political negotiation are largely effective measures in achieving world order as they manifestly satisfy the vested interest of countries to encourage compliance amongst nation states. Moreover, state sovereignty can paradoxically both assist and impede the effectiveness of persuasion and political negotiation before the use of force becomes a necessary alternative. EXAMPLE: In many instances, the use of persuasion and political negotiation has been significantly effective in achieving world order. Where successful, persuasion and political negotiation can be used to encourage states to comply with international instruments or to allow the deployment of peacekeepers. Negotiations between countries can also result in the development of international law, such as the principle of ‘responsibility to protect’. However, on occasion, neither persuasion nor political negotiation can achieve world order. Both persuasion and political negotiation are subject to the limitations of state sovereignty and the structure of the United Nations Security Council. Similarly, the use of force may sometimes be required where persuasion and political negotiation fail. While the use of persuasion and political negotiation can often be effective in achieving world order, they only work when the countries involved co-‐operate with the international community and comply with any agreed outcome.

Para 1 Political Negotiation -‐ Effective

o Communication between states o Most simple and frequently used form of resolving disputes between states o Occurs on many levels of government with experts negotiating details of international instruments o Increased scope for cooperation

Negotiation that led to the development of R2P • Negotiated at the 2005 World Summit • Due to a number of conflicts in the 90’s it was deemed necessary to develop a process by which to

address the repeated failure of the international community in stopping mass atrocity crimes • E.g. during the Rwandan genocide, the international community was initially unresponsive to the

extensive injustice occurring

• Bush said sorry in response to à Rwandan genocide where 800,000 civilians were murdered within 100 days without a response from the international community

• R2P aims to bridge the divide between the principle of state sovereignty and the right of humanitarian intervention by providing that states have the responsibility to protect their citizens but if they do not, the international community has the responsibility in some instances to intervene

o Effective: Libya • Following widespread and systematic attacks against the civilian population by the regime

in the Libyan the UNSC, on 26 February 2011, unanimously adopted Resolution 1970, making explicit reference to the responsibility to protect

• Article: Libya and the R2P: Results and Prospects (By Simon Adams 28th March 2014) ⇒ Deploring what it called “the gross and systematic violation of human rights” in

strife-‐torn Libya ⇒ the UNSC demanded an end to the violence, “recalling the Libyan authorities’

responsibility to protect its population” ⇒ Imposed a series of international sanctions that was hailed as “a historic

diplomatic moment”. • Article (By Gareth Evans 9th September 2013):R2P down but not out after Libya and

Syria: The fact that this resolution was adopted without a single negative vote reflected that “the world needed to act”.

⇒ Para 2

Political Negotiation -‐ In effective

o R2P Ineffective: Syria • 4 February 2012 the UNSC voted on a draft resolution backing an Arab League plan to

resolve the crisis in the country • UN officials estimated that security forces had killed well over 7,500 people since the

popular uprising began in March 2011 • The draft resolution called on the Syrian Government to cease violence against civilians

and withdraw its armed forces • China and Russia exercised their vetoes and therefore blocked the adoption of the

resolution. • Article (By Gareth Evans 9th September 2013):R2P down but not out after Libya and Syria



Para 3 Persuasion -‐ Effective

o States, international organisations and transnational corporations can be persuaded to change their behaviour through the pressure of world public opinion

o ‘Diplomatice pressure’ à vitally important part of international relations o Naming and shaming is used effectively by NGOs o The UN can also use this tactic, through reports that it delivers on various issues and the

deliberations of its human rights bodies § E.g. widespread criticism of Zimbabwe for mass atrocity crimes

o Darfur (2007) – UNAMID § Effective in getting China to pressure Sudan to allow UN peacekeeping force into Darfur § Mia Farrow and a host of NGOs conducted a campaign that labelled the 2008 Beijing

Olympics the ‘Genocide Olympics’ because of China’s repeated blocking of UNSC resolutions on ending the violence in the Darfur region.

§ Steven Spielberg (artistic adviser) à publicly challenged China § 12th June 07 Sudan government; accepted the UNSC proposal for a peacekeeping § 31st July 2007; China was a signatory to UNSC Resolution 1769 which created a hybrid UN–

African Union peacekeeping mission (UNAMID) § Helen Cooper New York Time

⇒ ‘A turnaround that served as a classic study of how a pressure campaign, aimed to strike Beijing in a vulnerable spot at a vulnerable time, could accomplish what years of diplomacy could not’.

Para 4

Persuasion -‐ Ineffective

o The use of persuasion and political negotiation can be limited by the concept of state sovereignty and the outdated structure of the United Nations Security Council

o The Security Council P5 was initially established to provide an international platform for negotiations between states

o Effectiveness is limited as the political interests of a state may interfere with their willingness to engage in international negotiations

o E.g. Ukraine crisis • Russia used VETO to prevent action

o This unwillingness to negotiate with the wider global community highlights the UNSC’s inability to effectively instigate political negotiations between nation states

o North Korea

• 2013 à UN Human Rights Council began an inquiry into human rights abuses in North Korea, led by Australian former High Court judge, Michael Kirby

• Committee brought down report 2014 • But cannot force North Korea to end its human rights abuses and can only keep up the

pressure on the dictatorial regime by highlighting the abuses that occur in that country.

To what extent does international law promote and maintain world order? DONE ESSAY ALREADY Intro Para 1 Para 2 Para 3 Para 4 How effective are legal instruments and non-‐legal measures in achieving world order? Intro Para 1 NPT

o International instruments;

• Agreements that place an obligation on nation states to act in a particular way or to adopt a certain type of behaviour as the norm

• Govern legal relations between nations • Array of forms, such as treaties, documents, or conventions with the aim to bind

agreements between nations, promote trade links and decrease the accumulation of conflict.

• interdependence of nation states à compliant states are able to ratify international treaties to form a ‘collective security’

• e.g. multilateral treaties such as the UN Charter and the Nuclear Non-‐Proliferation Treaty (1968)

o Restricted b/c SS as founded by the Treaty of Westphalia. • State sovereignty is often an impediment to the maintenance of WO • Nation-‐states are able to reject soft law, limiting its ability to maintain a just

equilibrium among nations.

o E.g. North Korea’s rejection of the Nuclear Non-‐Proliferation Treaty (1968). • The development and use of nuclear weaponry during WWII awakened the world’s

fears of mutually assured destruction à formation of the Nuclear Non-‐Proliferation Treaty (NPT) in 1968 temperately quelled these concerns


• South Africa became the first nation to comply with the treaty by rejecting the nuclear weapons it had created for itself.

• 190 signatories • Article: (The Guardian 2003) North Korea withdraws from nuclear treaty: 2003 à

North Korea “announced it was withdrawing from the treaty”, blaming “US aggression for its decision”.



Para 2 Geneva

Conventions



o Geneva Conventions formed; • with the intention of humanizing inter-‐state war. • A particular focus was placed upon the treatment of non-‐combatants in war, which

involve those who are present in a war but who are not participating, such as doctors and medical personnel.


o ICRC • ICRC assists in the enactment of the GCs • Treats the sick and wounded in war regardless of which ‘side’ they are on • Australian Aid 2010 à treatment to 5.2 million people and provided economic assistance

to 4.9 million people. • Australian Aid claims that the ICRC’s “unparalleled access in some of the most fragile

countries” make it an effective organisation in the promotion of humanitarian law o CANNOT be applied to intra-‐state – limitation

• While article 3 covers intra-‐state conflict across all GCs, it is difficult to enforce as the government or government backed militia are typically the ones violating the GCs.

• Hence, they will attempt to hide behind SS. The modernization of warfare has lead to the disregard of the GCs, as guerilla warfare and covert operations where the enemy lacks a uniform cannot be accounted for under the conventions.

Para 3 NGO’s


• ICRC assists in the enactment of the GCs • Treats the sick and wounded in war regardless of which ‘side’ they are on • Australian Aid 2010 à treatment to 5.2 million people and provided economic assistance

to 4.9 million people. • Australian Aid claims that the ICRC’s “unparalleled access in some of the most fragile


o ICG -‐ East Timor § The ICG assists the Timor-‐Leste Government and the UN administration there by

producing reports on issues that are of vital importance to Timor-‐Leste’s future peace and security.

§ No Time For Complacency (Feb 2009 report) ⇒ Noted that the security situation had dramatically improved since 2008 but that

there were still problems with security, the justice system was weak and corruption was still a concern.

⇒ Assistance was still needed from the UN, Australia and the international community.

§ Handing Back Responsibility (December 2009 Report) ⇒ To Timor-‐Leste’s Polices ⇒ Very critical of the way in which the UN administration came in and took control

of the Timor-‐Leste police. o Amnesty – Arms Trade Treaty


Para 4 Media

o Alias Ruby Blade – East Timor

• Highlighted the important role that the media played in East Timor • Footage of the massacre recorded by Australia journalists • Brought international attention and was the beginning of international efforts to bring peace

to the region • E.g. deployment of UNAMET forces

o China’s Secret War – Darfur • Revealed that China was ignoring the arms embargo against Sudan by supplying the government

with weapons • They were able to do so, as the media is more flexible in dealing with countries and is not subject

to the same niceties as the UN • Other media eventually followed, increasing awareness • Publicity from this lead to a change in Chinas response, in order to comply with the 2005 arms

embargo o The New Killing Fields Panorama-‐ BBC 2004

• Made the international community aware of the genocide in Sudan • This made the international community aware of the government's breach of international law • Pressured international legal responses by UN and US




through the media • ARTICLE: Tilman Ruff (The Conversation): Examples of law reform concerning chemical and

biological weapons, were much more rapid in establishing change in international law, when compared to nuclear weapons


• ARTICLE: “Fatal flaws” -‐ Geoffrey Robertson (SMH) ⇒ Regarding its lack of enforceability ⇒ Despite this media discussion, there were no legal responses to these issues

⇒ Reflects the media’s ability to promote world issues, but highlights how it relies heavily on legal responses to implement recommendations made

CONTEMPORARY ISSUES

Identify and investigate the effectiveness of legal and non-‐legal responses; the R2P Intro Para 1 Actual

Formation

o Formation • The restrictions of the GCs and the ICRC in achieving a stable WO, as well as the wide-‐

scale atrocities in Rwanda, gave rise to the UN’s “R2P” • Bush said sorry in response to à Rwandan genocide where 800,000 civilians were

murdered within 100 days without a response from the international community • R2P aims to bridge the divide between the principle of state sovereignty and the right of

humanitarian intervention by providing that states have the responsibility to protect their citizens but if they do not, the international community has the responsibility in some instances to intervene

o R2P came from the Rwanda genocide – the world essentially sat by and watched millions of people be murdered

§ 25 March 1998 – in Kigali, Rwanda, President Clinton apologised to the victims of genocide à SPEECH ANALYSIS ⇒ “The international community must bare its share and responsibility for this tragedy” ⇒ “We should not have allowed this. We should have acted quickly. We did not

immediately call these crimes by their rightful name – genocide” ⇒ “We cannot change the past. But we will do everything to help you build a future without

fear” o UNSC accepts the principal in Resolution 1674 à Under this, R2P is recognised and enshrined under

international law

Para 2 Libya

o Existence of the R2P principal shows that many nations are concerned about stopping mass atrocities o Slows declines of the belief that aid can only be delivered with the permission of the state o Peace-‐enforcement powers have been used to intervene and stop human rights abuses

Provides a scaffold to use peaceful mechanism before force o Effective: Libya

• Following widespread and systematic attacks against the civilian population by the regime in the Libyan the UNSC, on 26 February 2011, unanimously adopted Resolution 1970, making explicit reference to the responsibility to protect

• Article: Libya and the R2P: Results and Prospects (By Simon Adams 28th March 2014) ⇒ Deploring what it called “the gross and systematic violation of human rights” in

strife-‐torn Libya ⇒ the UNSC demanded an end to the violence, “recalling the Libyan authorities’

responsibility to protect its population” ⇒ Imposed a series of international sanctions that was hailed as “a historic

diplomatic moment”. • Article (By Gareth Evans 9th September 2013):R2P down but not out after Libya and

Syria: The fact that this resolution was adopted without a single negative vote reflected that “the world needed to act”.

Para 3 o R2P is a framework only and is not enshrined in any international instruments

o Limited by the rights of state sovereignty

Syria o Relies on the compliance of states and the international community o States can only accept humanitarian aid if the government allows it, although this notion is slowly

eroding o Ineffective: Syria

• 4 February 2012 the UNSC voted on a draft resolution backing an Arab League plan to resolve the crisis in the country

• UN officials estimated that security forces had killed well over 7,500 people since the popular uprising began in March 2011

• The draft resolution called on the Syrian Government to cease violence against civilians and withdraw its armed forces

• China and Russia exercised their vetoes and therefore blocked the adoption of the resolution.

• Article (By Gareth Evans 9th September 2013):R2P down but not out after Libya and Syria



Para 4

Responsibility to Protect-‐

Engaging Civil Society 2003 (R2PCS) AND International Coalition for

the Responsibility to Protect

2009 (ICRtoP)

Responsibility to Protect-‐ Engaging Civil Society 2003 (R2PCS)

o In 2003, the World Federalist Movement–Institute for Global Policy

launched the ‘Responsibility to Protect – Engaging Civil Society’ project (R2PCS)

o Aim à building support for R2P o Goal was to engage civil society and educate other NGOs about R2P

principles, in order to effectively lobby governments to respond promptly and appropriately to emerging humanitarian crises.

o The R2PCS has been involved in: 1. Strengthening the acceptance of R2P by governments and

international organisations 2. Raising awareness about R2P and building NGOs’ advocacy

skills 3. Promoting the implementation of R2P by the UN 4. Helping NGOs develop strategies to implement R2P in

country-‐specific situations.

International Coalition for the Responsibility to

Protect 2009 (ICRtoP)

o In January 2009, the R2PCS launched another project, the

International Coalition for the Responsibility to Protect (ICRtoP) o Supported by a number of NGOs, such as Oxfam International, Human

Rights Watch, the International Crisis Group and Refugees International.

o Aims; • To raise awareness about R2P

Educate NGOs on how to form partnerships with other interested NGOs and how to apply the norm to specific regions.

Identify and investigate the effectiveness of legal and non-‐legal responses; Regional and global situations that threaten peace and security Intro Para 1 o INTERFET (under Resolution 1264)

Regional – East Timor LEGAL

§ UN peacekeeping force under Australian command § Encouraged negotiation § Brought East Timor under control within a few weeks § Put diplomatic pressure on the Indonesian government not to attack the Australians § Halted milita-‐led violence § Reduced casualties § Conflict resolved without force § Quickly and resource efficiently

o UNTAET § Established to administer the territory, exercise legislative and executive authority

during the transition period and help East Timor prepare for self-‐government § Aim to help East Timor to statehood and help build the foundation for democracy § East Timor became independent on 20 May 2012 § P5 didn’t VETO § Maintained peace after conflict § Protected civilians after conflict § Helped rebuild communities § Promotes ongoing peace and future stability § Displays cooperation and willingness by the international community, especially

Australia

Para 2 Regional -‐ East Timor -‐ NON LEGAL

o Many NGOs involved working in a range of areas including education, health, women’s rights and

housing + peace and security. o International Crisis Group

§ The ICG assists the Timor-‐Leste Government and the UN administration there by producing reports on issues that are of vital importance to Timor-‐Leste’s future peace and security.

§ No Time For Complacency (Feb 2009 report) ⇒ Noted that the security situation had dramatically improved since 2008 but that

there were still problems with security, the justice system was weak and corruption was still a concern.


§ Handing Back Responsibility (December 2009 Report) ⇒ To Timor-‐Leste’s Polices ⇒ Very critical of the way in which the UN administration came in and took control

of the Timor-‐Leste police. MEDIA o Journalists and global media networks were able to;

§ Broadcast real-‐time film footage of the murderous rampage of pro-‐Indonesian militia § Lack of action to stop the violence by the Indonesian Army and police.

o Highly influential in turning world opinion against the Indonesian occupation of East Timor and prompting decisive UN action.

Para 3 Nuclear Threat – LEGAL

o Nuclear Non-‐Proliferation Treaty (NPT)

§ The development and use of nuclear weaponry during WWII awakened the world’s fears of mutually assured destruction à formation of the Nuclear Non-‐Proliferation Treaty (NPT) in 1968 temperately quelled these concerns

§ Aim to inhibit the dispersal of nuclear weaponry outside the US, Russia, the UK, France, and China, the professed ‘Nuclear States’.

§ South Africa became the first nation to comply with the treaty by rejecting the nuclear weapons it had created for itself.

§ 190 signatories o E.g. North Korea’s rejection of the Nuclear Non-‐Proliferation Treaty (1968).

• Article: (The Guardian 2003) North Korea withdraws from nuclear treaty: 2003 à




Para 4 Nuclear threat – Non-‐legal

and Summits

International Weapons of Mass Destruction Commission 2003 o Set up in response to slow progress of non-‐proliferation, arms control and disarmament o Role is to facilitate informed public debate about the international effort to rid the world of

weapons of mass destruction o Major achievement-‐ 2006 report: Weapons of Terror: Freeing the World of Nuclear, Biological and

Chemical Weapons • Represented an extremely detailed investigation into every conceivable aspect of

achieving disarmament

International Campgain to Abolish Nuclear Weapons (ICAN) o As a result of the dismal failure of the NPT Review Conference in 2005 a new organisation, with

the specific task of working towards an international treaty banning nuclear weapons, was created in Australia in 2006 (ICAN).

o ICAN now has 424 partner organisations in 95 countries. o Humanitarian Impact Movement

§ ICAN took a prominent role in 3 conferences on the humanitarian impact of nuclear weapons in Oslo (Norway), Nayarit (Mexico) and Vienna (Austria), in 2013 and 2014.

§ Reps from 158 countries attended to consider the humanitarian impact that nuclear weapons have had both in the conduct of nuclear testing in the past and the various scenarios of catastrophic harm that would occur if a new weapons on large numbers of nuclear weapons were used again.

§ Calls were made at these conferences to ‘fill the legal gap’ and outlaw the use of nuclear weapons in the same way that chemical and biological weapons are illegal under international law

o 165 countries signed the ‘Vienna Pledge’ calling for an elimination of nuclear weapons. Identify and investigate the effectiveness of legal and non-‐legal responses; The success of global cooperation in achieving world order Intro Para 1

International Instruments

o Nuclear Non-‐Proliferation Treaty (NPT) § The development and use of nuclear weaponry during WWII awakened the world’s fears

of mutually assured destruction à formation of the Nuclear Non-‐Proliferation Treaty (NPT) in 1968 temperately quelled these concerns

§ Aim to inhibit the dispersal of nuclear weaponry outside the US, Russia, the UK, France, and China, the professed ‘Nuclear States’.

§ South Africa became the first nation to comply with the treaty by rejecting the nuclear weapons it had created for itself.

§ 190 signatories o E.g. North Korea’s rejection of the Nuclear Non-‐Proliferation Treaty (1968).

• Article: (The Guardian 2003) North Korea withdraws from nuclear treaty: 2003 à North Korea “announced it was withdrawing from the treaty”, blaming “US aggression for its decision”.

• Article: (The Australian 2017). ‘Stop North Korea and Iran before Nuclear weapons spread across globe’: North Korea has since asserted their state

sovereignty and “test-‐launched ballistic missiles, potentially capable of hitting the US east coast, proving the failure of the non-‐proliferation policy.


Para 2 International

Courts

o International courts and tribunals are also moderately effective at resolving conflict and

promoting peace. • Effectiveness à varies from court to court + relies willingness to comply. • ICC is (UN) “principal judicial organ of the United Nations” • Provides;

5. Advisory opinions 6. Contentious disputes between states.

o Advisory opinions • In theory are effective à provide a non-‐biased third-‐party decision in the best interest of

the international community + preventing countries from using force • BUT rely on the willingness to comply • E.g. Israeli West Bank Case (2004).

⇒ ICJ says à wall = “contrary to international law” ⇒ Article: (Al Jazeera 2015) ‘Israelis wall: Secuirty or Apartheid”: Israeli

government refused to accept the ICJ’s jurisdiction by continuing to construct what is today accused of being an “apartheid wall” between Palestine and Israel.

⇒ Non-‐binding nature of ICJ decisions ⇒ Article: (JPost 2017) ‘ICJ should rule on Israeli, Palestinian compliance failure:

'Conflicts cannot be resolved if nation states are not willing to comply with the resolutions.

⇒ Long-‐standing and intractable tensions between Israel and Palestine = deeply entrenched socio-‐political issues.

o Contentious inter-‐state disputes • ICJ is largely effective at resolving conflicts and promoting peace when countries agree to

“abide by its decision” • E.g. Benin v Niger (2005)

⇒ ICJ ended a 4 border dispute between the two countries over 25 islands by awarding each nation a specific number of disputed islands

⇒ Article: (IRIN 2005) ‘International Court rules that main disputed island belongs to Niger not Benin’”: The West African nations proclaimed their state sovereignty and attended the ICJ in 2002, promising to “comply by its decision”


Para 3

East Timor

o INTERFET (under Resolution 1264) § UN peacekeeping force under Australian command § Encouraged negotiation à INDONESIA LET peacekeepers in!! § Brought East Timor under control within a few weeks § Put diplomatic pressure on the Indonesian government not to attack the Australians § Halted milita-‐led violence § Reduced casualties § Conflict resolved without force § Quickly and resource efficiently

o UNTAET § Established to administer the territory, exercise legislative and executive authority

during the transition period and help East Timor prepare for self-‐government § Aim to help East Timor to statehood and help build the foundation for democracy § East Timor became independent on 20 May 2012 § P5 didn’t VETO § Maintained peace after conflict § Protected civilians after conflict § Helped rebuild communities § Promotes ongoing peace and future stability

Displays cooperation and willingness by the international community, especially Australia Para 4

South Sudan

o African Union § Bashir allowed the AU to deploy a mission (AMIS) to monitor a ceasefire agreement § AMIS struggled to function due to an uncooperative Sudanese government and a lack

of resources o European Union

§ Called on the UN “to act on its responsibility to protect civilians” in Darfur o United Nations

§ In 2007, the Security Council passed Resolution 1769, authorising a peacekeeping force (UNAMID) to implement the Peace Agreement and protect civilians

⇒ “the peacekeeping mission failed to reach the intended goal of protecting the people,” -‐ Anne Bartlett, a sociology professor at the University of Chicago

⇒ ‘Has the UN Mission in Darfur Failed’ by the Deutsche Welle -‐ “experts criticise the Sudanese government for sabotaging the peace building process,” as UNIMAD was delayed for several years due to the Sudanese government refusing the entry of peacekeepers

⇒ UNSC referred the situation to the ICC o International Criminal Court

• ICC issued an arrest warrant for Al-‐Bashir on five counts of crimes against humanity and 2 counts of war crimes

• May of the signatories of the Rome Statute of the ICC have ignored their obligation to act on these arrest warrants

• Al-‐Bashir freely travelled to countries such as Chas, Kenya and Egypt • Bashir was however refused entry into some countries such as Botswana, France and

Uganda o Media

• New Killing Fields -‐ BBC Panorama 2004 • China’s Secret Wat-‐ BBC Panorama 2008 • George Clooney put pressure on Omega watched to speak out about China’s foreign

policy

Identify and investigate the effectiveness of legal and non-‐legal responses; Rules regarding the conducting of hostiles Intro Para 1 Geneva

Conventions



o Geneva Conventions formed; • with the intention of humanizing inter-‐state war. • A particular focus was placed upon the treatment of non-‐combatants in war, which

involve those who are present in a war but who are not participating, such as doctors and medical personnel.


o CANNOT be applied to intra-‐state – limitation • While article 3 covers intra-‐state conflict across all GCs, it is difficult to enforce as the

government or government backed militia are typically the ones violating the GCs. • Hence, they will attempt to hide behind SS. • The modernization of warfare has lead to the disregard of the GCs, as guerilla warfare and

covert operations where the enemy lacks a uniform cannot be accounted for under the conventions.

• CASE: Assad government in Syria • CASE: the US refused to acknowledge the rights of detainees under the GCs because

during their conflict with Iraq and Afghanistan, ‘rebels’ used guerilla-‐style attacks like roadside bombs against the US.

Para 2 Ad hoc Courts

o Ad hoc tribunals established in response to mass killings in Rwanda and Yugoslavia ICTY

o Ad hoc tribunal created specifically to deal with conflict surrounding the former Yugoslavia o Establisehed by a UNSC resolution in 1993 o It has jurisdiction over breaches of the Geneva Conventions and international customary law

committed in the territory of the former Yugoslavia since 1991. o CASE: Prlić et al (2006) o ARTICLE: The Deep Fractures In International Justice-‐ New Matilda 2013

• Convicted six leaders of crimes in the area of Herceg-‐Bosna • Found that the men had participated in a “joint criminal enterprise” with the objective of

removing the Muslim population from territory over which the Bosnian Croat leadership wanted to establish control

• Issues: ⇒ Case took 7 year, and will take even more at appeal ⇒ It was delivered solely in French, which raises significant questions about the

rights of the accused and the practicalities for the lawyers should they wish to prepare an appeal

⇒ The low sentences suggest a lack of a coherent system of sentencing at the international level

o CASE: Slobodan Milosevic (2002-‐2005) He died 4 years into the trial which meant the ICTY was ineffective in securing a conviction

Para 3 Nuclear

Proliferation

o International instruments;

• Agreements that place an obligation on nation states to act in a particular way or to adopt a certain type of behaviour as the norm

• Govern legal relations between nations • Array of forms, such as treaties, documents, or conventions with the aim to bind

agreements between nations, promote trade links and decrease the accumulation of conflict.

• interdependence of nation states à compliant states are able to ratify international treaties to form a ‘collective security’

• e.g. multilateral treaties such as the UN Charter and the Nuclear Non-‐Proliferation

Treaty (1968) o Restricted b/c SS as founded by the Treaty of Westphalia.

• State sovereignty is often an impediment to the maintenance of WO • Nation-‐states are able to reject soft law, limiting its ability to maintain a just

equilibrium among nations. o E.g. North Korea’s rejection of the Nuclear Non-‐Proliferation Treaty (1968).



• South Africa became the first nation to comply with the treaty by rejecting the nuclear weapons it had created for itself.

• 190 signatories • Article: (The Guardian 2003) North Korea withdraws from nuclear treaty: 2003 à




Para 4 ICRC and Human Rights Watch

ICRC o ICRC assists in the enactment of the GCs o Treats the sick and wounded in war regardless of which ‘side’ they are on o Australian Aid 2010 à treatment to 5.2 million people and provided economic assistance to 4.9

million people. o Australian Aid claims that the ICRC’s “unparalleled access in some of the most fragile countries”

make it an effective organisation in the promotion of humanitarian law Human Rights Watch

o Provides information for the public and combatants on the rules of war in particular conflicts: § http://ww.hrw.org/news/2012/08/09/q-‐laws-‐war-‐issues-‐syria

o Provides submissions to the UN on alleged breaches of IHL: § http://www.hrw.org/news/2014/07/23/human-‐rights-‐council-‐establish-‐fact-‐finding-‐

mission-‐israelpalestine

OTHER ESSAYS

The effectiveness of non-‐legal responses in achieving world order

Intro Para 1

South China Sea and Darfur Documentaries

o China’s Secret War – Darfur • Revealed that China was ignoring the arms embargo against Sudan by supplying the

government with weapons • They were able to do so, as the media is more flexible in dealing with countries and is not

subject to the same niceties as the UN

• Other media eventually followed, increasing awareness • Publicity from this lead to a change in Chinas response, in order to comply with the 2005 arms

embargo

o The New Killing Fields Panorama-‐ BBC 2004 • Made the international community aware of the genocide in Sudan • This made the international community aware of the government's breach of international

law • Pressured international legal responses by UN and US



Para 2 Articles/Reports about Nuclear Weapons and East Timor


through the media • ARTICLE: Tilman Ruff (The Conversation): Examples of law reform concerning chemical and

biological weapons, were much more rapid in establishing change in international law, when compared to nuclear weapons


• ARTICLE: “Fatal flaws” -‐ Geoffrey Robertson (SMH) ⇒ Regarding its lack of enforceability ⇒ Despite this media discussion, there were no legal responses to these issues ⇒ Reflects the media’s ability to promote world issues, but highlights how it relies

heavily on legal responses to implement recommendations made

o Alias Ruby Blade – East Timor • Highlighted the important role that the media played in East Timor • Footage of the massacre recorded by Australia journalists • Brought international attention and was the beginning of international efforts to bring

peace to the region • E.g. deployment of UNAMET forces

Para 4

ICRC, ICC and Human Rights

watch


• ICRC assists in the enactment of the GCs • Treats the sick and wounded in war regardless of which ‘side’ they are on • Australian Aid 2010 à treatment to 5.2 million people and provided economic

assistance to 4.9 million people. • Australian Aid claims that the ICRC’s “unparalleled access in some of the most fragile


o ICG -‐ East Timor § The ICG assists the Timor-‐Leste Government and the UN administration there by

producing reports on issues that are of vital importance to Timor-‐Leste’s future peace and security.

§ No Time For Complacency (Feb 2009 report) ⇒ Noted that the security situation had dramatically improved since 2008 but

that there were still problems with security, the justice system was weak and corruption was still a concern.


§ Handing Back Responsibility (December 2009 Report) ⇒ To Timor-‐Leste’s Polices ⇒ Very critical of the way in which the UN administration came in and took

control of the Timor-‐Leste police. o Amnesty – Arms Trade Treaty


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