tdaxp

Evolution of International Humanitarian Law
- first humanitarian treaty 1864
- Hague Conferences and Swiss Conventions are complementary traditions
- fusion by 1977
- pushed by evangelical Christians / ICRC and states (to maintain political viability of war) / military officers (?)
- parrelels between Antislavery Society in London and ICRC
- mass / 4G issues because of improved communication technologies
- 4 Geneva Conventions in '49, 2 protocols in '77
- irony: International Humanitarian Law (IHL) codifies rights of war, attacking, bombing, etc

Evolution of International Human Rights Law
- first mention of IHR in UN Charter
- second: UN Universal
- Declaration of Human Rights
- but, Hermann Bergers shows how intrawar efforts were at least made
- in Europe, pushed by young democracies attempting to preserve political stability
- IHRL much more state-led than IHL, which had large NGO component
- US/FDR/HST led effort globally
- FDR etc make IHRL part of national interest, because of dangers that "non-human-rights" regimes did
- FDR instructed Department of State to start work on IHRL / UN Charter from '42 or '43

Domains
IHL = wartime
IHRL = peacetime
but... Torture Convention (1984) "in times of war or otherwise"
is "war" and "otherwise" all inclusives, or merely two sets?
- Clausewitz/Westphalian and Sun Tzu/Unlimited
- maybe to demonstrate, create two fuzzy sets that show how something could not be either
" times of War and otherwise" v. "times of War and Otherwise"?

International Covenant on Civil and Political Rights
- contains derogable (suspendable) and nonderogable (nonsuspendable) rights
- but.... does the concept of nonderogable rights contrict the UN Charter's right to self defense, and UN Charter's "trumping" provision? BC: No one had made that claim before, and no international court or UNSCR supports it
- US ratified, but "not yet bothered" to get around to a Declaration of Derogation -- possibly because a declaration would highlight non-derogable portions?

BC: Abu Gharib a distraction; just some guys; "the real issue is intentional torture and mistreatment as authorized"

US answers to "non-judicial; non-factual" review by ICRC

Woodrow Wilson's 14 Points
- human rights are absent
- because Wilson, "this Southern Presbytarian racist," was opposed to racial equality
- (remember, he ran against "hyphenated Americans," "German-Americans," etc)
- Wilson "would have none of" Japanese racial equality proposal

Murphy: best way to protect IHR is to enforce it domestically

issues that trigger ICC relate to investigation and conviction, not punishment
- a cognitive strategy?
- weak behavioral, social cognitive strategy

Big Cheese: It was Gonzales, and Ashcroft, and Rumsfeld, and people around Rumsfeld, who played fast and loose with detainees -- by and large, the military lawyers were aghast."

Schlessinger Report - an "independent" report critical of the ICRC by "neanderthals"

Refugee Law and Affairs

UNHCR
- first purpose was legalization of European refugee
- originally on a 3-year mandate
- gradually focus more on repatriation
- 1951 Convention defines "refugee" as someone with a well-founded fear of prosectuion. But doesn't include internally displaced persons (is a self-executing treaty in the US)
- 1956: Soviet invasion of Hungary created refugees in post-WWII situation. Many internally displaced persons (but not "refugees" under 1951 definition)
- every UNHCR always pro-Western and US approved

Know "The Lotis Case"

In Bosnian case, UNHCR wishes to shut down because of harrasment by locals -- but US through UN forces them to continue, because the Clinton administration didn't want to get directly involved


-- unrelated: 25 cent tacos at knickerbockers