International Law Outline

Particularly in criminal defense

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Particularly in criminal defense

  • Advises broadening protection against discrimination by private actors

  • Combat racial profiling at federal and state levels

  • Address underlying causes of de facto segregation

  • Rights of non-citizens to be treated as equal to citizens under article 5

  • Rights of detainees!

  • Eliminate police brutality and excessive use of force against minorities

  • Disenfranchisement of minorities

  • Inequities of UN Comm on Elimination of Racial Discrimination – Heritage Foundation Article – 2008 (Packet I, p. 64-66)

    1. Didn’t take into account US’s lengthy report

      1. Instead, used US Human Rights Network “shadow report” which coordinated several NGO reports

    2. Breached ITS obligations to US, by attempting to erode US sovereignty

  • Session 14 & 15 – Fact-Finding in International Law and Peacekeeping – DRC

    1. International Fact-Finding Generally

      1. Implies there’s some sort of objective truth – facts to FIND.

      2. UN Peacekeeping

        1. Not in UN Charter – foresaw establishment of UN force

          1. UN mandated force v. UN commanded force – when UN creates an operation, western states refuse to put their troops under UN command

        2. Three generations of peacekeeping

          1. First generation – military personnel under UN command get between warring armies to monitor ceasefire and report violations

            1. Only with CONSENT of warring parties

              1. Provides legal basis for deployment of armed forces to foreign territory

                1. Distinguishes from PEACE ENFORCEMENT – involves Chapter VII military force to create peace

              2. Reduces physical risk to lightly armed peacekeepers

            2. Do not deal with underlying issues about conflicts

              1. Create political space for others to find diplomatic solutions

          2. Second generation – actively seek to assist in implementation of political settlements

            1. Sometimes referred to as peaceBUILDING

            2. Responds to internal conflicts as well as interstate conflicts

            3. Involves more actors – political parties, regional organizations, NGOs, guerillas, civilians, int’l financial institutions, private foundations, UN agencies, foreign investors, academic institutions

            4. Promote democracy, elections, ensure justice systems work, etc.

          3. Third generation? – reflected in MONUC

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