Responses to World Order

Part 3

International Criminal Court (ICC)

The Rome Statute of the International Criminal Court Treaty signed 1998 by 121 nation states

The ICC est. in the Hague

Given jurisdiction over acts of genocide, war crimes and crimes against humanity

Other International Tribunals (Ad Hoc)

Occurred in Yugoslavia(ICTY) 1993 and Rwanda 1994.

The European Court of Human Rights, Strasbourg, France

International Tribunal for the Law of the Sea

Intergovernmental Organisations (IGO’s)

These regional/strategic organisation have been established for mutual benefits (Trade, regional cooperation etc)

Some notable examples include the African Union (AU), the Commonwealth, ASEAN, the Arab League and APEC

European Union (EU)

Has been successful at making war impossible over the European continent

Its a Supranation (decisions made by majority vote)

It improves issues of peace and security by tackling organised crime, improving human rights and agreeing not to attack each other

European Union in 5 minutes

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Northern Atlantic Treaty Organisation

(NATO)Est 1949 due to the USSR Eastern Bloc of Europe

Military forces have helped end conflict in Kosovo and Bosnia

Supported the AU with transport assistance in Darfur and continues to have forces in Afghanistan

NATO and Libyan Crisis

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Non-Government Organisations (NGO’s)

NGO’s provide the balance to issues involved with improving peace and security around the world

Close to 25000 NGO’s around the world

NGO’s apply pressure to the UN and IGO’s, were a large influence on the UN Charter and champion the continued struggles involving humanitarian issues

UNSC Resolution 1973

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The International Crisis Group (ICG)

Founded in 1995 due to ineffective measures taken on Somalia, Rwanda and Bosnia

provides behind the scenes assistance to peace negotiations

Highly active in troublesome areas of the world

International Crisis Group (ICG) Video

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Australia’s federal Government

Under Section 51 of the Constitution only the federal government can make decisions on external affairs (World Order issues)

all signed treaties and agreements have to be established by the federal government

Australia has always seen to be involved in positive and peaceful global affairs

Australia’s Contribution to Peacekeeping

Australia has been involved in 54 peacekeeping forces, largely in the Asia-Pacific region

East Timor Crisis

1999 East Timor voted for self-determination from Indonesia

Indonesian military-backed militia went on a terror campaign with slow international reaction.

Many western nations have been criticised for supporting Indonesia at the initial stage of attacks

The Role of the UN in East Timor

Questions were asked about the speed to act by the UN

International politics slowed down intervention, this led to further violence and attacks of the East-Timorese people

Ten Years On: East Timor

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Non-Legal responses to World Order

The Media

A free and unbiased media is the essential ingredient for rule of law in the global sphere

The media is effective in raising awareness for world issues but at time can be criticised for only providing entertainment and not the full facts to the issue

Non-legal mechanisms for

international dispute resolution

Political Negotiation

simplest and most frequently used

This can be done away from treaties and agreements (closed doors)

If this stage fails, nations will move towards persuasion

Persuasion

Applying political pressure can change the behaviour of a nation who is not willing to comply

Persuasion can be considered as soft power

Example: China

PositivesNegatives

China has had to

raise its trade

standards in order to

be a member of the

World Trade

Organisation

China promised to

improve its human

rights record if it was

to hold the Olympic

Games in 2008.

Abuse still continue

today

Force

Last resort action - many issues surround the legality with regards to the use of force

Use of force can be used in self defence or UNSC authorisation

Multi-lateral Action

This can be seen in crisis of Kosovo. The UNSC voted against the action (veto power) while the IGO NATO intervened

Raises the question “What is constitutes legal use of force under international law?”