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PSCI3810.03JUN2007.Notes

PSCI3810.03JUN2007.Notes - 03JUL2007 Problems with...

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03JUL2007 Problems with International law -Lacks universality -Instrument of the powerful -International law is only a justification of existing practices -International law is really just used for propaganda Human Rights – the final realm of international law -Highlights --should governments be treated as people would be? --what about the vanquished, homo sacer? --How do we hold governments accountable? --How can justice be achieved? 20 th Century -Total war dead: 35,654,000 --Civil: 5,970,000 --International: 29,683,000 -Total by government: 262,000,000 The Holocaust and WW2 -Ushered in new concern for International Law -After, International anagnorisis --What to do with innocent war victims? Phase One of transitional justice -Post WW2 was heyday -Creation of UN --Roosevelt’s ‘curious grapevine” --Seems to have taken on legally binding nature -Nuremberg Trials --19 convicted, 12 sentenced to death -Tokyo Trials --all sentenced to death Characteristics -International in scope -Command responsibility -Obeying orders no longer a defense
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Human Rights -Dec. 9, 1948 – UN Declaration of HR
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