Laws of Diplomacy and Sovereignty
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Questions and Answers

What is diplomatic immunity?

A privilege under which diplomats' activities fall outside the jurisdiction of the host country's national courts.

What is diplomatic recognition?

The process by which the status of embassies and that of an ambassador as an official state representative are explicitly defined.

Breaking diplomatic relations involves:

  • Withdrawing one's diplomats from a state and expelling that state's diplomats from one's own country. (correct)
  • Recalling ambassadors home for "consultations" for a period of time.
  • Imposing sanctions on a country.
  • Sending a formal complaint to the other government's ambassador in its own capital city.

The Just-War Doctrine argues that the only permissible use of military force is in response to aggression.

<p>True (A)</p> Signup and view all the answers

The Just-War Doctrine differentiates between "just wars" (legal) and "wars of aggression" (illegal).

<p>True (A)</p> Signup and view all the answers

What is the Responsibility to Protect (R2P) principle?

<p>Principle adopted by world leaders in 2005 holding governments responsible for protecting civilians from genocide and crimes against humanity perpetrated within a sovereign state.</p> Signup and view all the answers

What are human rights?

<p>The rights of all people to be free from abuses such as torture or imprisonment for their political beliefs (political and civil rights) and to enjoy certain minimum economic and social protections (economic and social rights).</p> Signup and view all the answers

What are war crimes?

<p>Violations of the law governing the conduct of warfare, such as mistreatment of prisoners of war or the unnecessary targeting of civilians.</p> Signup and view all the answers

What are crimes against humanity?

<p>A category of legal offenses created at the Nuremberg trials after World War II to encompass genocide and other acts committed by the political and military leaders of the Third Reich (Nazi Germany)</p> Signup and view all the answers

Which of these is NOT considered a human rights violation under international law?

<p>Freedom of expression (C)</p> Signup and view all the answers

The International Committee of the Red Cross (ICRC) facilitates communication and practical support for prisoners of war (POWs).

<p>True (A)</p> Signup and view all the answers

The U.S. has ratified the International Criminal Court (ICC) treaty.

<p>False (B)</p> Signup and view all the answers

What is the purpose of the International Criminal Court (ICC)?

<p>To prosecute individuals for human rights violations, such as war crimes and crimes against humanity.</p> Signup and view all the answers

Military force is a necessary and acceptable method to address human rights violations under certain circumstances.

<p>False (B)</p> Signup and view all the answers

Which of these is NOT a key feature of the modern international human rights framework?

<p>Emphasis on state sovereignty over international law (B)</p> Signup and view all the answers

The laws of war apply to private military companies.

<p>False (B)</p> Signup and view all the answers

The laws of war require combatants to wear uniforms to clearly distinguish them from civilians.

<p>True (A)</p> Signup and view all the answers

The modern international law framework has fully addressed the challenges posed by irregular warfare and the blurring lines between combatants and civilians.

<p>False (B)</p> Signup and view all the answers

Flashcards

Diplomatic Recognition

The process by which the status of embassies and ambassadors as official state representatives are explicitly defined. It's when countries acknowledge each other's representatives.

Diplomatic Immunity

A privilege under which diplomats' activities fall outside the jurisdiction of the host country's national courts. They are protected from the host country's laws.

What is a diplomatic pouch?

A package sent between an embassy and its home country. It has the home country's territoriality and can't be opened by the host country.

Interests Section

A diplomatic setup where a third country represents the interests of another country that doesn't have diplomatic relations with the host country.

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Just Wars

A category in international law and political theory that defines when wars can be justly started (jus ad bellum) and how they can be justly fought (jus in bello).

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What is aggression in international law?

It refers to a state's use of force or a threat against another state's territory or sovereignty, unless in response to aggression. It's a violation of a state's sovereignty and territorial integrity.

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Human Rights

The rights of all people to be free from abuses such as torture or imprisonment for their political beliefs (political and civil rights) and to enjoy certain minimum economic and social protections (economic and social rights).

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Civil-Political Rights

Include free speech, freedom of religion, equal protection under the law, and freedom from arbitrary imprisonment. They are protected by limiting government power.

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Economic-Social Rights

Include good living conditions, food, health care, social security, and education. They are often promoted by expanding government roles.

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Universal Declaration of Human Rights (UDHR)

The core UN document on human rights; although it lacks the force of international law, it sets forth international norms regarding behavior by governments toward their own citizens and foreigners alike.

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International Covenant on Civil and Political Rights (CCPR)

A treaty signed by states to further define civil-political rights protections, like freedom of expression and assembly.

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International Covenant on Economic, Social and Cultural Rights (CESCR)

A treaty signed by states to further define economic-social rights protections, like access to education and healthcare.

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International Convention on the Elimination of All Forms of Racial Discrimination (CERD)

This treaty bans discrimination based on race, ethnicity, religion, or national origin.

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Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW)

This treaty aims to eliminate discrimination against women in all aspects of life.

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Convention Against Torture

This treaty prohibits dehumanizing, degrading, and inhumane treatment of individuals even during war.

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Convention on the Rights of the Child (CRC)

This treaty focuses on promoting children's health, education, and well-being. It's signed by every country except the United States.

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International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (CMW)

This treaty aims to protect the political, labor, and social rights of nearly 100 million migrant workers worldwide.

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Convention on the Rights of Persons with Disabilities (CRPD)

This treaty promotes dignity, legal equality, and reasonable accommodation for disabled persons in signatory states.

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International Convention for the Protection of All Persons from Enforced Disappearance (CPED)

This treaty protects individuals from forced disappearance, defined as the secret detention of a person without acknowledgement.

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Responsibility to Protect (R2P)

A principle adopted by world leaders in 2005 holding governments responsible for protecting civilians from genocide and crimes against humanity within their territories.

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War Crimes

Violations of the law governing the conduct of warfare, such as mistreatment of prisoners of war or the unnecessary targeting of civilians.

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Crimes Against Humanity

A category of offenses encompassing genocide and other acts committed by political and military leaders, targeting civilians on a large scale.

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International Criminal Court (ICC)

A permanent tribunal for war crimes and crimes against humanity, with universal jurisdiction to prosecute individuals from any state.

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Amnesty International

An influential non-governmental organization (NGO) that operates globally to monitor and try to rectify glaring abuses of political human rights.

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International Committee of the Red Cross (ICRC)

A nongovernmental organization that provides practical support, such as medical care, food, and letters from home to civilians caught in wars and to prisoners of war (POWs). Exchanges of POWs are usually negotiated through the ICRC.

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Prisoners of War (POWs)

Soldiers who have surrendered and who thereby receive special status under the laws of war. They are protected from being targeted and mistreated.

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What is the main principle of the laws of war?

To limit warfare to combatants and protect civilians. Targeting civilians is illegal, but targeting military forces is permissible, as long as the force used is proportional and necessary.

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What is a key challenge in upholding the laws of war in modern conflicts?

The blurring of lines between civilians and combatants in irregular and asymmetric wars fought by guerrillas and death squads, making it difficult to distinguish between lawful targets and civilians.

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What is the significance of the freedom of the seas in international law?

It's a principle that allows ships of any nation to travel through international waters without interference from other states, making long-distance trade safer and more profitable.

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How did the U.S. influence the evolution of international law in the 20th century?

The U.S. played a significant role in shaping the world order, often acting as a 'world police force' and enforcing international law through its military power and diplomatic influence.

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Study Notes

Laws of Diplomacy and Sovereignty

  • International law emphasizes respect for diplomats' rights, establishing detailed, universal standards of behavior.
  • Diplomacy is vital in all state relations (except during all-out war).
  • Historically, harming messengers was common; now, it's universally condemned.
  • Embassies and ambassadors have specific rights and are officially recognized through diplomatic recognition.
  • Host countries cannot enforce their laws within embassies.
  • Embassies often provide refuge for dissidents fleeing their governments.
  • In 1979, Iranian students seized the U.S. embassy in Tehran, highlighting the sanctity of embassies.
  • Diplomats have immunity outside embassy grounds, including from host country courts.
  • Some countries restrict diplomat movement whilst others allow it freely.
  • Host countries can revoke a diplomat's accreditation.
  • Countries can pressure other countries to lift diplomatic immunity for prosecution.
  • Diplomatic pouches are used for communication between embassies and their home countries.
  • They enjoy territoriality; host countries cannot open them.

Diplomatic Immunity

  • Diplomats are protected from host country legal jurisdiction.

  • Unpaid tickets for diplomats can cost millions of dollars, specifically in New York City.

  • The US has taken the right to revoke driving licenses.

Just-War Doctrine

  • International law differentiates between just wars (legal) and wars of aggression (illegal).
  • Just wars are legal conflicts.
  • The UN Charter prohibits international aggression.
  • Just-war doctrine is based on centuries-old religious writings and is an important aspect of international norms.
  • Aggression involves state sovereignty violation.
  • The only permissible use of force is in response to aggression.
  • It prohibits war motivated by changing governance or policies.
  • Just intent is needed for a just war; an aggressive war motivated by non-justified motives (e.g., oil).

Human Rights

  • Human rights are the rights of all people against abuses.
  • Individual rights can conflict with state sovereignty.
  • Human rights are considered universal.
  • Human rights recognition have religious and secular (political philosophy) roots.
  • Universal standards and local traditions can clash; a primary tension in human rights discussions.
  • Rights are typically divided into civil-political and economic-social types.

Human Rights Institutions and Conventions

  • The Universal Declaration of Human Rights (UDHR) is a core international document, establishing international norms.
  • It is not considered binding international law itself.
  • Nine legally-binding treaties detail human rights protections, complementing the UDHR.
  • These treaties focus on civil-political rights (freedoms) and economic-social rights (provision of things).
  • Regional organizations (e.g., EU) and international bodies collaborate to protect human rights.

U.S. Public Opinion and Human Rights

  • Public opinion on human rights is variable but often skeptical of intervention in other countries.
  • Support generally increases when genocide or similar severe human rights violations are discussed, but less on less severe conflicts.
  • The United States has not ratified all human rights treaties.
  • Support exists for using sanctions as a response to human rights violations.

War Crimes and International Criminal Court (ICC)

  • Large-scale abuses during warfare are considered war crimes.
  • International norms and treaties apply during wartime; implementing them can be difficult.
  • The post-WWII Nuremberg trials laid groundwork for addressing war crimes.
  • International Criminal Court (ICC) was formed to try individuals accused of war crimes and crimes against humanity.
  • The ICC has the power to prosecute even if crimes were committed in non-signatory nations.

Laws of War

  • International law limits states' rights in war, focusing on combatants.
  • Targeting civilians is illegal.
  • Military force must be proportional to the objective.
  • The rise of private military forces has challenged international laws.
  • The use of uniforms and badges distinguishes combatants from civilians.
  • Declarations of war are uncommon, making legal application difficult in some modern conflicts.

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This quiz explores the essential concepts of international law regarding diplomacy and sovereignty. Learn about the rights of diplomats, the sanctity of embassies, and how diplomatic immunity operates. Understand the historical and modern implications of diplomacy in state relations.

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