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14 Cards in this Set
- Front
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CATEGORIES OF INTERNATIONAL CRIME Syllabus: define international crime |
Transnational Crimes: These are crimes that are committed in more thanone country Examples: Drug important, humantrafficking, terrorism Human trafficking cases: R v Dobie (2009_ QOLDhairdresser, 5 years in prison. Crimes against the international community Crimes that have been outlined in international agreements (treaties) orare part of international customary law (which is binding on ALL countriesregardless of agreement by that country. Examples: Genocide ( Darfur, Rwanda), War crimes. |
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What do we do? Syllabus: describe the various measures used to deal with international crime |
1. Signinternational agreements a) About crimesagainst the international community - The Geneva Conventions - The rome statute 1998 - The Parlemo Protocol 2000 b) Extraditiontreaties (to send criminals back to be prosecuted) and mutual assistanceagreements - The mutual assistance in criminal matters act1987 2. Pass laws inAustralia to reflect these international agreements a) GenevaConventions Act 1957 b) ICC Act 2002 c) ICC(Consequential Amendments) Act 2002d) CrimesLegislation Amendment (Slavery, Slavery like conditions and people trafficking)Act 2013 3. Fund lawenforcement agencies to deal with international crime a) The AFP (Australian Federal Police) b) The ACC (Australian crimes commission) c) The AttorneyGenerals department d) The courts |
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How are these crimes dealt with? Syllabus: evaluate the effectiveness of the domestic and international legal systems in dealing with international crime. |
International crimes are dealt with different to regular domestic withinAustralia crimes.There is no international parliament with the authority to make lawsthat everyone in every country has to follow. The UN cannot do this. There is also no international police force to arrest people forcommitting international crimes. Theres no we we've got enough time to go through the ways of dealing withevery type of international crime, so we’ll just focus on crimes againsthumanity (the most serious crimes against the international community) |
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CASES: |
BIG ICTY CASE 1: Slobodan Milosevic - Arrested for war crimes and crimes againsthumanity in 2001, placed on trial in 2002 and died just before the end of histrial in 2006 - This was obviously not very effective because ittook sooooo long to try him that he literally died waiting for the trial tofinish. |
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International crimes in Palestine/Israel |
In 2014 (andheaps of other times), there have been accusation of war crimes against bothsides of this conflict. The international legal system has had extreme difficulty in dealing with thesecrimes. For a long time, the only way that anything could be done has been for the UNSecurity Council to refer the accusations to the ICC. It has to be approved by the countries because: 1. China votes against anything that violates state sovereignty (they mightbe 2. Russia does the same 3. United States has been incredibly Of Israel So this won't happen. |
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What has Australia done? Syllabus: - outline how human rights are incorporatedinto Australian domestic law - evaluate the effectiveness of Australianresponses in promoting and enforcinghuman rights - discuss the arguments for and against aCharter of Rights for Australia |
We have been ACTIVEin: I. Signing international agreements 2. Passing domestic laws to reflect those agreements 3. Funding agencies to fight international crime |
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Topic sentence: |
When dealing with Crimes Against Humanity Transnational Crimes andWar Crimes, the Ad Hoc Tribunals and the ICC are only designed to hold thosewho are most responsible to account. |
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Human Rights: INTRO Syllabus: -define human rights - outline how human rights have changed and developed over time - investigate the evolving recognition andimportance of universal human rights |
Abolition of slavery… TWO STEPS: 1) End the slavetrade 2) Set the existingslaves freeMajor Events:Britain: - The SomersettCase (1772) - The Slabe TradeAct 1807 - The SlaveryAbolition Act 1833 America: - Lincoln’semancipation proclamation 1863- Slavery abolishedin all states by the 13th Amendement to the US Constitution Slavery is against Article 4 of the UDHR and Article 8of the ICCPR There have also been a lot of conventionsand additional protocols that many countries have not signed. e.g.- Two slavery conventions- UNtrafficking protocol AKA the Palermo Protocol 2000 - The ILO’s Forced Labour Convention 1930- Worst Forms of Child Labour World War 2 (1939-1945): UDHR (1948): ICCPR& ICESCR (introduced, 1966): ICCPR & ICESCR (comes into force 1976) |
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SELF DETERMINATION Syllabus: examine major human rights documents andexplain their contribution to thedevelopment of human rights |
Recognized through - The Treaty of Westphalia 1648 - The process of decolonizationin 1920’s and 1930’s (e.g the statutute of weistmeinster. - It is not at the heart of thelaw in the UN charter 1945 - UDHR - ICCPR and ICESCR |
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Ways to achieve self determination |
External: Become a separate state/countryInternal: To be given some level ofautonomy, but stay within the country (e.g. national or ethnic groups have somelevel of ‘self-government’ where they can control their destiny as a groupwithin a country) BOTH ARE HUMAN RIGHTS ISSUES External:Do groups within an existing country havethe right to secede and form their own country? Internal: Do groups within a country have aright to control their own people, communities, but remain part of the country. |
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ENVIRONMENTAL RIGHTS: |
The difference between environmental rights and theother human rights we’ve looked at is that the question with other rights iswhether governments are recognizing them, but the question with environmentalrights is whether they even exist. If we don’t protect the environment,climate change will undermine all out attempts to help the most vulnerablepeople. |
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History of these rights? |
So, lets take a look at a brief history ofhow environmental rights have kinda been recognized.The stockhold declaration 1972- first torecognize a responsibility for protecting the environmentThe Bruntland Report |
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RIO summit |
UNITED NATIONS CONFERENCE ON SUSTAINABLE DEVELOPMENT -2012- ‘Outcome document’ that shoed countries are more committed than everto environmental rights. - However, amnesty and human rights watch reported that countries likethe US tried to get rid of a lot of sentences in the final document tat wouldhave five people more environmental rights. So, the outcome doc was good, but COULD HAVE BEEN BETTER forenvironmental rights. “RIO 20 MISSED ANOPPORTUNITY TO BOOST HUMAN RIGHTS” HRW (2012) |
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define PEACE RIGHT |
A peace right is a fundamental entitlements afforded to allpeople to live free from conflict, war and oppression. These are affirmed indocuments such as the UDHR and ICCPR. |
