English for Lawyers (ENGSEMJ) Topics in Int l Law and Human Rights

Transcription

1 English for Lawyers (ENGSEMJ) Topics in Int l Law and Human Rights Topic #2: What is Peace?, r.t.hustad@nchr.uio.no

2 What is Peace? Can we agree that this is not peace?

3 Montevideo Convention (1933) Art. 10 the primary interest of states is the conservation of peace UN Charter (1945) Art. 2 (3): All members shall settle their international disputes by peaceful means Art. 2 (4): All Members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state Art : Only the UN Security Council can use force to restore international peace and security. Art. 51: Individual or collective self defense OK if an armed attack occurs against a Member of the United Nations.

4 So is this within the definition of peace?

5 Declaration on the Right of Peoples to Peace (UNGA Res. 39/11, 12 Nov 1984) Ren[ounce] the use of force in international relations Convinced that life without war serves as the primary international prerequisite for the material well-being, development and progress of countries, and for the full implementation of the rights and fundamental human freedoms proclaimed by the United Nations Appeals to all States and international organizations to do their utmost to assist in implementing the right of peoples to peace through the adoption of [appropriate] measures at both the national and the international level. Covenant on Civil and Political Rights Art. 6 (1): Every human being has the inherent right to life. No one shall be arbitrarily deprived of his life. Art. 9: Everyone has the right to liberty and security of person.

6 The Right to Peace So this is not peace.

7 What about 20,000 (maybe 50,000) deaths per day? Is this peace?

8 Poverty and death Not just in some badlyrun third-world country. Even in the USA.

9 Two Types of Peace? Negative Peace the absence of war Positive Peace substantive peace

10 CESCR, Art. 2 (1) Each State Party [ ] undertakes to take steps, individually and through international assistance and co-operation, especially economic and technical, to the maximum of its available resources. Maximum extent Use of resources wisely and productively toward the minimum core Available resources all potential sources of funding, international aide, loans, and natural resources Minimum core the absolute, most essential rights of sustenance (food, housing, shelter, medical care, education )

11 Supreme Court of India (Municipal Council, Ratlam v. Vardichand, 4 SCC 162 (1980)): The [law] has no saving clause when the municipal council is penniless. Otherwise, a profligate statutory body or pachydermic governmental agency may legally defy duties under the law by urging in self-defense a self-created bankruptcy or perverted expenditure budget. That cannot be. [...] The law will relentlessly be enforced and the plea of poor finance will be poor alibi when people in misery cry for justice.

12 Discussion Exercises Now until 17:00: discussion within groups 17:00 17:15: Break (or informally continue group discussions) 17:15 17:35: Exercise A (5-minute intro for each group) 17:40 18:00: Exercise B (5-minute intro for each group) Exercise A: Consider the nuclear issue in Iran. Are the Iranian actions a violation of peace? Would an armed attack to destroy the nuclear production facilities be a justified use of force? Team 1: Argue that the Iranian actions are done for justifiable reasons and that an attack to destroy the facilities would be a violation of international law. Team 2: Argue that the Iranian actions have no justifiable grounds and that an attack would be within international law. Exercise B: Consider the situation in Afghanistan as of today. Are continued military operations compatible with the right to peace? Team 3: Argue that military operations are a violation of the right to peace and should be ceased immediately. Team 4: Argue that military operations are necessary to prevent violations of the right to peace and should continue.