Term
| What are the arguments for and against using the ICC in addressing atrocities? |
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Definition
For- Legal proceedings combat impunity when domestic courts fail; they establish facts beyond a reasonable doubt; they bring justice to victims; they strengthen the rule of law in affected nations
Against- issue translating abstract legal norms and ideas into concrete realities on the ground in transitional societies; insufficient attention paid to complexities of societies recovering from atrocity; does it really deter? |
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Term
| Explain three reasons why addressing atrocities at the local level is more effective than at the global level |
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Definition
Face to face hearings and confrontations
The broader social context of violence
Personal healing through truth-telling/confessions
Reconciliation |
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Term
| Explain in what ways the ICC is viewed as complementary to domestic courts. What conditions have been met for the ICC to become active? |
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Definition
The Court will not begin investigating a crime if the state concerned is already investigating or prosecuting it, or even if the state has investigated it and then decided not to prosecute the persons concerned
The ICC is a court of the last resort. It will only become active if domestic courts do not kick in because they are unable or unwilling to carry out a genuine investigation
Unwilling- has it taken measures to shield the suspect from criminal responsibility, delayed proceedings or conducted them impartially
Unable- unable to arrest the accused, obtain evidence or carry out proceedings |
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Term
| What are the advantages of adopting a global treaty focused solely on the right to health? |
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Definition
| The treaty specifies what rights to health countries should follow; signatories are held more accountable with monitoring committees—report on a regular basis |
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Term
| What does it mean when a country is asked to respect, protect and fulfill the right to health? Give an example for each. |
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Definition
Respect- non-interference with the right to health (not withholding health information)
Protect- prevent third parties from interfering with the right to health (regulate food products, ban FGC)
Fulfill- adopt appropriate measures (legal, budgetary) (immunization programs, health insurance) |
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Term
| Why is it crucial that human rights treaties are adopted by a consensus? How does this consensus affect UN monitoring of these treaties? |
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Definition
| Prior consensus by states show they commit to backing the laws; consensus means NGOs can penalize countries if they break them; main basis of legitimacy for HR law; HR law depends on consensus because they don’t have a lot of power |
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Term
| What is the difference between trafficking and migrant smuggling? |
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Definition
A crime against humanity vs. a crime
Internal or border crossing vs. always border crossing
Involves coercion/fraud vs. voluntary/consensual
Requires an exploitative relationship beyond the period of recruitment and transportation vs. relationship ends once in a foreign country |
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Term
| What is the difference between an abolitionist and a human rights (Liberal) view on trafficking? |
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Definition
Abolitionist view- prostitutes are victims in need of rescue (Humanitarian); women are exploited; prostitution leads to trafficking and needs to be banned; coalition against Trafficking of Women
Liberal view- sex workers make autonomous choices; not all migration for sex work is coerced; legalize prostitution; Global Alliance Against Traffic in Women- UN |
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Term
| Explain one example each for prevention, protection and prosecution in addressing trafficking |
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Definition
Prevention- education directed at potential victims
Protection- shelters to reincorporate people; provide visas
Prosecution- sue traffickers- pushes practice underground; sue consumers |
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Term
| What can go wrong when activists focus only on raising awareness about sex trafficking? |
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Definition
Pushes is underground—doesn’t address root cause
Not including the voices of the affected
Stereotyping of women as victims
Shaming of sex workers
May lead to deportation |
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Term
| Explain one example each for prevention, protection and prosecution in addressing gender violence. |
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Definition
Prevention- Train professionals- awareness-raising; Teaching materials; Eradicate gender stereotypes in society and media
Protection- Remove a perpetrator from their home (rather than send victim to shelter); Specialized helplines
Prosecution- More specific laws against stalking, FGM, forced abortion, honor killings; Ensure that judicial proceedings protect victims’ rights |
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Term
| Explain 3 important roles NGOs play in participation at UN meetings on gender issues |
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Definition
Agenda-seeting
Naming and shaming
Lobbying |
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Term
| What are some arguments for and against supporting a harm reduction strategy (medicalization) at addressing FGC? |
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Definition
Supporters:
Some humanitarian NGOs, scholars, governments
M-FGC reduces the risks of procedure compared to traditional practitioners
M-FGC is a first step towards abandonment
Consenting adults should be allowed to request any medical procedure
Protesters:
While safer short-term, long-term harm is the same
No evidence that medicalization leads to abandonment
Violates professional standards of health care providers (prevention of harm) because it is an unnecessary procedure with no health benefits
Involvement of health care providers creates a false impression of legitimacy for the practice
Health care providers may develop financial interest in procedures and practices |
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Term
| What are some problems with anti-FGC campaigns only focused on awareness raising? |
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Definition
| Doesn’t address the root cause—cultural; doesn’t respond to their cultural context; more underground practices |
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Term
| How are behavior change interventions addressing FGC different from awareness-raising campaigns? |
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Definition
| BCI encourage substitution of tradition where as information, education and campaigns lead to medicalization and there are downsides to this |
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