Nature, Responses and Themes. Through the use of contemporary examples, students investigate the effectiveness of legal and non-legal measures in promoting peace and resolving conflict between nation states.
Themes and challenges to be incorporated throughout this topic: The role of law in encouraging cooperation and resolving conflict in regard to world order. The impact of changing values and ethical standards on world order. The role of law reform in promoting and maintaining world order.
The effectiveness of legal and non-legal responses in promoting and maintaining world order. Contemporary issues concerning world order. Issues that must be studied: Explain the implications of the nature of conflict on achieving world order. Examine the role of sovereignty in assisting and impeding the resolution of world order issues. Identify and investigate these contemporary issues involving world order and evaluate the effectiveness of legal and non-legal responses to these issues.
Students are encouraged to go through the flow of argument, and use them to challenge what you might have learnt in textbooks and from teachers. Alternatively, you may set out to argue some of the relevant points by Goldstein.
But remember, develop a critical approach to legal studies essays is the key to exam performance. This media report deals with the evolving role of the International Criminal Court ICC in achieving world order as it seeks to deal with political violence that took place in Kenya after the election in First, let us look at the map of Kenya. At least four of its neighbours are embroiled in widespread political violence.
To the east, in Somalia civil war is continuing between the internationally recognised government in Mogadishu and the Islamist rebels. On top of that, there are major piracy problems off the coast of Somalia that has drawn much international attention. To the north, the Ethiopian government has been sending troops into Somalia to fight against the Islamist rebel government in Somalia, and there has been accusations of war crimes levelled against its troops.
Situation has been settling down in Uganda following decades of civil war and political violence after the rule of the violent dictator, Idi Amin. Multi-party elections was successfully held in , and there are continuing discusssions on the establishment of a war crimes court to with the legacy of its violent past.
Finally, an oasis of relative stability resides in Tanzania. In fact, Tanzania has in recent years been an elected member-state of the UN Security Council, a clear sign of its relative political and economic stability. This is how IRIN summarises the events. Kenya suffered its worst humanitarian crisis since independence following the December 30 results of a hotly-contested presidential election.
Opposition leader Raila Odinga and his supporters rejected the declared victory of incumbent Mwai Kibaki, alleging it was the result of rampant rigging. Protests degenerated into widespread violence as decades of economic frustration and ethnic rivalry spiraled out of control. In all, more than 1, people were killed and some , displaced into temporary camps, with an equal number seeking refuge with friends or relatives.
The education and health sectors were also compromised by the large-scale displacement of professionals. They are not isolated or sporadic events, but are part either of a government policy although the perpetrators need not identify themselves with this policy or of a wide practice of atrocities tolerated or condoned by a government or a de facto authority. Murder; extermination; torture; rape and political, racial, or religious persecution and other inhumane acts reach the threshold of crimes against humanity only if they are part of a widespread or systematic practice.
Isolated inhumane acts of this nature may constitute grave infringements of human rights, or depending on the circumstances, war crimes, but may fall short of falling into the category of crimes under discussion. Note that I have underlined parts that apply particularly to Kenya. The post-election violence in Kenya in was of such a large and systematic scale that credible allegations of crimes against humanity arose.
Luis Moreno-Ocampo told Al Jazeera on Thursday that he assures protection to the victims and witnesses of the violence…. Louis Moreno-Campo, chief prosecutor of the International Criminal Court, is making impressive promises during his interview with Al-Jazeera. Some of its twenty suspects are members of the current Kenyan government.
Questions must also arise as to the ability of the International Criminal Court to protect its own witnesses. Moreno-Campo has stated he will not rely on Kenyan government to protect its own witnesses.
This means it will need to be careful in how it distributes its limited financial resources as it grants witness protection. It shows the difficulties facing a UN peacekeeping command tasked with keeping an impossible ceasefire agreement. In particular, it shows the impossible choices facing the United Nations, one being a neutral observer where offensive action is clearly needed, or participating in a conflict where there are no innocent faction.
First of all, let us familiarise ourselves with the geography of Democratic Republic of Congo. The Democratic Republic of Congo is a large country in the centre of Africa. The conflict zone in question is in a province called North Kivu. Click here for my earlier post on the hellish humanitarian disaster in the Democratic Republic of Congo.
Army troops in the Democratic Republic of Congo shot and beat to death about 50 Rwandans in April and burnt their refugee camp, a UN investigator says. Philip Alston said about 40 women were also abducted and it prompted a revenge massacre by Rwandan Hutu militia. His report said military operations this year carried out by the army supported by UN peacekeepers in the east had produced catastrophic results.
The exact details of these human rights violations by the government soldiers of DRC is pretty hallowing. The truth is that the rebel factions in North Kivu are a major source of instability in the region. Ever since they were kicked out of Rwanda by the Rwandan Patriotic Front, they have committed numerous atrocities in North and South Kivu, including the systematic use of rape as a weapon. In a nutshell, they are no saints.
However, in a country that has known no peace for the last three decades, the violations by the government soldiers against Hutu civilians in refugee camps in North Kivu province should come as no surprise. This is a youtube clip of a documentary about the Gacaca communal tribunals that have been used as a complementary alternative to the International Criminal Tribunal for Rwanda ICTR.
In the aftermath of the genocide in Rwanda in , the United Nations set up the International Criminal Tribunal for Rwanda to deal with alleged war crimes, crimes against humanity and genocide. The ICTR has been criticised for its inefficiency and prolonged process.
As President Kagame argued, if the ICTR is used exclusively to deal with alleged perpetrators, it would take one hundred years to sort out all the alleged offence committed during the Rwandan genocide.
This is not to say that the ICTR has not achieved anything. In fact the ICTR has been relatively effective in dealing the major alleged perpetrators. A most recent example of this would be the arrest of Idelphonse Nizeyimana, an intelligence officer in the former Rwandan Army and second in command of an elite military school in Rwanda before the country exploded in genocide in , who allegedly orchestrated the massacre of civilians during the genocide.
However, it became obvious to many in Rwanda that a complementary alternative is needed to deal with the numerous minor participant in the genocide. It needs to be cost-effective, and serve as a vehicle of national reconciliation.
The Gacaca communal tribunal was set up with such purposes in mind. This documentary film, distributed by Journeyman Pictures in October , gives a positive portrayal of the Gacaca communal tribunal. It allows the audience the chance to see how a Gacaca communal tribunal session operates. In the screened session, the tribunal is held outdoor. The accused can plead for forgiveness from the victims and thus receive reduced sentence.
The focus is much more than about punishment. It is as much about communal reconciliation. Critics would be right to point out that the Gacaca communal tribunal, as portrayed in this documentary, violates many principles of due process. However, when you consider the lack of resources within post-genocide Rwanda, the Gacaca communal tribunal has been quite an achievement.
This timely news article highlights the challenges involved in trying war crimes and crimes against humanity in a courtroom. The case involves the special hybrid court in Cambodia, which was set up after the United Nations peacekeeping operation in Cambodia in the 90s.
Ieng Sary is charged with crimes against humanity for his part in the deaths of as many as two million people in the late s. The controversy is the latest in a series of problems to hit the tribuna l. One of the characteristic of natural justice is that the accused is given a fair trial and is seen to be given a fair trial, by a judge that is seen to be unbiased.
There is an understandable amount of public pressure on the judges to convict the defendants in these types of cases. This is partly due to the horrendous nature of the alleged offence. In such context, it is quite a challenging task to provide defendants in international criminal tribunals a fair trial. It is almost an indictment of the western media that one of the most serious, intractable and tragic conflict is also one of the most neglected conflict.
In fact, the country has been labelled by the United Nations as the worst failed state. Here are some startling statistics that illustrate the point. To really understand the roots of the conflict, one really should go deeper into the tragic history of the region, with particular focus on the historic complicity of Belgian colonialism. I would recommend those interested to do some elementary research.
Onto the latest development of this conflict. Much of the fighting and humanitarian disasters take place in a province called North Kivu. A map of North Kivu provincial capital city: As you can see on this map, the province of North Kivu borders three countries with some very troubled past. This rebel militia is widely known to be responsible for the use of child soldiers, as well as the systemic killing, rape and mutilation of civilians.
The leader of the LRA is Joseph Kony, who has already been indicted for war crimes by the International Criminal Court, but thus far is unable to be captured. For its part, the Ugandan army has adopted counter-insurgency tactics that has made it complicit in war crimes and human rights violations. To the south of Uganda is Rwanda, which in saw Hutu militias Interhamwe , backed by government forces, went on a killing spree against the Tutsi minority.
The defeated Hutu extremist rebels however have taken advantage of the political instability in the Democratic Republic of Congo, and set up their bases in North Kivu.
Less of a problem but still noteworthy is the neighbouring country of Burundi, which also saw inter-ethnic violence between Hutus and Tutsis for more than a decade, and only began to implement, with comparable success, the Arusha Peace and Reconciliation Agreement
Examine the effectiveness of legal and non-legal measures in resolving conflict and working towards world fornewrip.tk order refers to the creation of global relationships and maintenance of world peace. It essentially governs the relationships between nation-states and other global participants, to avoid international anarchy and resolving the conflicts that arise.
Essay Effectiveness of Legal and Non Legal Measures in World Order Words Aug 22nd, 5 Pages Evaluate the effectiveness of legal and non-legal measures in resolving conflict and working towards word world order.
Lessons The Nature of World Order Nature, Responses and Themes Case Studies Structred Writing Task Mind-Maps Trial Exam Feedback Trial Exam Feedback Resources Library Resources Essay Templates Practice Exams HSC Practice Exam 1 HSC Practice Exam 2 HSC Practice Exam 3 Videos Arab-Israeli Conflict Syllabus World Order Principal focus: Through the use of. Legal Studies Essay- the Role of the Nation State in Achieving World Order. achieving World Order. World Order is a necessity in modern day society, for if it did not exist we would be faced with international anarchy.