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66 Cards in this Set

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  • Back
The ICC Principles
•right to fair trial
•defendent presumed innocent
•burden of proof lies on prosecution
•intent to commit crime must be
proven
•anyone can be tried regardless of immunities
•cant impose death penalty
Pros of ICC
• deterrent against atrocities
• encourages states to pursue their own justice systems, or else ICC will
Cons of ICC
•tools are insufficient (court can only request evidence from state, not subpoena it; state can say "fuck off"
•most states that would like to participate w/ ICC have to change laws to allow unilateral extradition
Why US wont become a part of ICC
•fears it interjects with national justice system
• fears cases against US military personnel
•court may limit US deployment
Rome Statute of ICC
the treaty which established the International Criminal Court (ICC). It sets out the Court's jurisdiction, structure and functions and it provides for its entry into force 60 days after 60 States have become Party to it.
The ICC Principles
•right to fair trial
•defendent presumed innocent
•burden of proof lies on prosecution
•intent to commit crime must be
proven
•anyone can be tried regardless of immunities
•cant impose death penalty
Pros of ICC
• deterrent against atrocities
• encourages states to pursue their own justice systems, or else ICC will
Cons of ICC
•tools are insufficient (court can only request evidence from state, not subpoena it; state can say "fuck off"
•most states that would like to participate w/ ICC have to change laws to allow unilateral extradition
Why US wont become a part of ICC
•fears it interjects with national justice system
• fears cases against US military personnel
•court may limit US deployment
Rome Statute of ICC
the treaty which established the International Criminal Court (ICC). It sets out the Court's jurisdiction, structure and functions and it provides for its entry into force 60 days after 60 States have become Party to it.
Victor's justice
when a victorious nation is applying different rules to judge what is right or wrong for their own forces and for those of the (former) enemy
cons of ICTR
•unable to protect witnesses
•poorly funded
•lack of police power
•decentralized court(outside Rwanda)
hybrid tribunals
combines domestic and international facilities
recently found that many GB detainees were interrogated and coersed:
•without legal council
•without a criminal charge
•held for indefinite period of time
•some rendered to other countries:with human rights violations
if an individual is not a US citizen and they are arrested off US soil...
the US constitution does not apply
-this means that gov't felt ok holding detainees indefinitely, and federal court could not hear claims b/c of arrest off US soil
writ of Habeus Corpus
refers to a specific writ known in full as habeas corpus ad subjiciendum, a prerogative writ ordering that a prisoner be brought to the court so it can be determined whether or not he is being imprisoned lawfully.
detaining at GB violates ICCPR:
•Art 14: right to trial without due delay, presumption of innocence,right to lawyer
detaining at GB violates Geneva Convention:
•Geneva Conventions
-Protection of POW:
•must be treated humanely
•entitled to limited interrogation
privileged POW's
•if captured of surrendured
•member of armed forces/part of militia
gorillas and members of resistance are not given POW status if they fail to:
•wear a uniform
•carry arms openly
•comply with laws of war
The ICC Principles
•right to fair trial
•defendent presumed innocent
•burden of proof lies on prosecution
•intent to commit crime must be
proven
•anyone can be tried regardless of immunities
•cant impose death penalty
Pros of ICC
• deterrent against atrocities
• encourages states to pursue their own justice systems, or else ICC will
Cons of ICC
•tools are insufficient (court can only request evidence from state, not subpoena it; state can say "fuck off"
•most states that would like to participate w/ ICC have to change laws to allow unilateral extradition
Why US wont become a part of ICC
•fears it interjects with national justice system
• fears cases against US military personnel
•court may limit US deployment
Rome Statute of ICC
the treaty which established the International Criminal Court (ICC). It sets out the Court's jurisdiction, structure and functions and it provides for its entry into force 60 days after 60 States have become Party to it.
Victor's justice
when a victorious nation is applying different rules to judge what is right or wrong for their own forces and for those of the (former) enemy
cons of ICTR
•unable to protect witnesses
•poorly funded
•lack of police power
•decentralized court(outside Rwanda)
hybrid tribunals
combines domestic and international facilities
recently found that many GB detainees were interrogated and coersed:
•without legal council
•without a criminal charge
•held for indefinite period of time
•some rendered to other countries:with human rights violations
if an individual is not a US citizen and they are arrested off US soil...
the US constitution does not apply
-this means that gov't felt ok holding detainees indefinitely, and federal court could not hear claims b/c of arrest off US soil
writ of Habeus Corpus
refers to a specific writ known in full as habeas corpus ad subjiciendum, a prerogative writ ordering that a prisoner be brought to the court so it can be determined whether or not he is being imprisoned lawfully.
detaining at GB violates ICCPR:
•Art 14: right to trial without due delay, presumption of innocence,right to lawyer
detaining at GB violates Geneva Convention:
•Geneva Conventions
-Protection of POW:
•must be treated humanely
•entitled to limited interrogation
privileged POW's
•if captured of surrendured
•member of armed forces/part of militia
gorillas and members of resistance are not given POW status if they fail to:
•wear a uniform
•members of an organized group
(taliban)
•carry arms openly
•comply with laws of war
The ICC Principles
•right to fair trial
•defendent presumed innocent
•burden of proof lies on prosecution
•intent to commit crime must be
proven
•anyone can be tried regardless of immunities
•cant impose death penalty
Pros of ICC
• deterrent against atrocities
• encourages states to pursue their own justice systems, or else ICC will
Cons of ICC
•tools are insufficient (court can only request evidence from state, not subpoena it; state can say "fuck off"
•most states that would like to participate w/ ICC have to change laws to allow unilateral extradition
Why US wont become a part of ICC
•fears it interjects with national justice system
• fears cases against US military personnel
•court may limit US deployment
Rome Statute of ICC
the treaty which established the International Criminal Court (ICC). It sets out the Court's jurisdiction, structure and functions and it provides for its entry into force 60 days after 60 States have become Party to it.
Victor's justice
when a victorious nation is applying different rules to judge what is right or wrong for their own forces and for those of the (former) enemy
cons of ICTR
•unable to protect witnesses
•poorly funded
•lack of police power
•decentralized court(outside Rwanda)
hybrid tribunals
combines domestic and international facilities
recently found that many GB detainees were interrogated and coersed:
•without legal council
•without a criminal charge
•held for indefinite period of time
•some rendered to other countries:with human rights violations
if an individual is not a US citizen and they are arrested off US soil...
the US constitution does not apply
-this means that gov't felt ok holding detainees indefinitely, and federal court could not hear claims b/c of arrest off US soil
writ of Habeus Corpus
refers to a specific writ known in full as habeas corpus ad subjiciendum, a prerogative writ ordering that a prisoner be brought to the court so it can be determined whether or not he is being imprisoned lawfully.
detaining at GB violates ICCPR:
•Art 14: right to trial without due delay, presumption of innocence,right to lawyer
detaining at GB violates Geneva Convention:
•Geneva Conventions
-Protection of POW:
•must be treated humanely
•entitled to limited interrogation
privileged POW's
•if captured of surrendured
•member of armed forces/part of militia
gorillas and members of resistance are not given POW status if they fail to:
•wear a uniform
•members of an organized group
(taliban)
•carry arms openly
•comply with laws of war
controversy on indefinite detention
US:
HR experts:
law says "when hostilities have ended"
US: Rumsfeld: when war on terror ends
HR: more finite end needed
Hamdie
•US citizen captured in Afghanistan
•turned over to US military as "enemy combatent"
•SC said he could be detained but had right to challenge status
•US released him if he gave up citizenship
Jose Padilla
•apprehended at Chicago O'Hare
•held as enemy combatant
•isolation: no attorneys, never tried
•SC refused to hear cause of technicality, Dist Court released
•right to hold Padilla indefinitely
•SC agreed to hear; decided he want not enemy comb
•This nov: brought to fed court
CSRT
combatant status review tribunals
•where GB detainees can challenge
their status as En Comb
•to provide some sort of due process
injustices of CSRT
•military tribunal-overseen by military personnel
•no right to attorney-only to representative
•evidence not provided for detainee
•purden of proof on detainee(as opposed to prosecutor in ICC)
is torture justified?
yes:
no:
yes: terrorism is a new type of war in which we need information promptly to protect large numbers of people from a few
no: does not work for extracting pertinent information
(i.e. controlled torture out of hand and hasnt resolved conflict)
•US violating Geneva Con sends message to other countries
article on torture
"Is Torture Ever Justified"
-The Economist
Economist Article, "Is Torture Ever Justified"
western democracies have long upheld the ban on torture and have criticized countries known for using it. but in its efforts to defeat terrorism, the US sanctioning forms of torture
ATC
Agreement on Textiles and Clothing:
-replaced the MA in 94: called for phasing out of quota system within a 10 yr period of time
facts of powerful giant retailers
•technology allows for monitoring abroad where its cheaper
•exert price pressure on independent labels:only cheap fit mold=puts poor at risk for cheap labor
facts of giant suppliers
• large retailers=large demands=need for large producers(only consider large producers, not small producers)
•giant contractors crowd out smaller competitors=less competition and rising prices from giant retailers
effects of free trade on efforts to combat sweatshops
•outsourcing
how to defend workers rights
•defend gains won by apparel workers to hold corporations accountable for labor standards
•ensure corporation provide post-MFA workforce with same labor standards
•put pressure on no more "cut and run"
•reward manufacturers who demonstrate compliance
•establish long-term relationships
•manufacturers and retailers should establish guidelines with contractors
HR instruments protecting women
•UDHR: right avail to all
•ICCPR: Art 2, Art 26-all persons. no discrimination based on race,color,sex or religion
•ICESCR: Art 2: avail to all
•CEDAW: Convention on Elimination of Discrimination Against Women(not US ratified)
problems with women in law
•home life isnt protected
•family emphasis, not on women
•structure follows CERD, not specific to women
•US hasnt ratified CEDAW
•new model needed that addresses public and private protection
how is violence against women similar in torture:
•way to break person down-make them feel dependent-trust and rely on you
•obtaining information(afraid shes talking to someone else-violence followed by interrogation)
•punishment- to remind her that she is inferior