Lily Beeman
To what extent is the International Criminal Court’s emphasis on soft
power effective in protecting human rights?
Table Of Contents
Title
Page…………………………………………………………………………………………..1
Table of
Contents…………………………………………………………………………………..2
Source Collection………………………………………………………………………………….3
Proposal Sheet……………………………………………………………………………………..5
Section 1: To what extent is the International Criminal Court’s emphasis on soft power effective
in protecting human rights?
…………………………………………………………………………..6
Section 2: Politicization of Human Rights- Humanitarian Intervention…………………………10
Section 3: Violation of Human Rights- 9/11 Torture Program………………………………….13
Reflection………...…………………………………………………………………………...….16
Source Collection
Section 1
Effective U.S. Diplomacy and “Soft Power.” (2021). ASIL Task Force on Policy Options for U.S.
Engagement with the ICC.
https://www.asil-us-icc-task-force.org/report/06-us-interests-impacted-by-the-icc/effective-us-dip
lomacy-and-soft-power/
How the Court works. (2021). International Criminal Court.
https://www.icc-cpi.int/about/how-the-court-works
NowThis World. (2015, June 22). Is The International Criminal Court Effective? YouTube.
https://www.youtube.com/watch?v=rLqIeWnD3VM
Roach, Steven. (2013). How Political Is the ICC? Pressing Challenges and the Need for
Diplomatic Efficacy. Global Governance. 19. 507-523. 10.1163/19426720-01904003.
Section 2
Chapter 32. Baylis, Oxford Book.
Jayakumar, K. (2012, February 9). Humanitarian Intervention: A Legal Analysis. E-International
Relations.’https://www.e-ir.info/2012/02/06/humanitarian-intervention-a-legal-analysis/#:%7E:te
xt=Humanitarian%20intervention%20is%20a%20means,or%20is%20actively%20persecuting%
20them.
Russia, humanitarian intervention and the Responsibility to Protect: the case of Syria. (2015).
International Affairs. Published. https://academic.oup.com/ia/article-abstract/91/4/813/2326866
Section 3
CIA Contractor Details Torture of 9/11 Suspects. (2020, October 28). Human Rights Watch.
https://www.hrw.org/news/2020/01/27/cia-contractor-details-torture-9/11-suspects
Conte, M. C. (2019, December 6). Newly released illustrations depict post-9/11 torture
techniques - CNNPolitics. CNN.
https://edition.cnn.com/2019/12/06/politics/torture-techniques-report
Declassify the Post-9/11 Torture Program. (2021, January 25). Human Rights Watch.
https://www.hrw.org/news/2021/01/25/declassify-post-9/11-torture-program#
Proposal Sheet
Topic: I can evaluate the codification, protection and monitoring processes of human rights
Research Question: To what extent is the International Criminal Court’s emphasis on soft power
effective in protecting human rights.?
Aspects topic to research: explaining the protection of human rights
KC and LOA connection: Connected to key concepts of legitimacy and sovereignty and human
rights. Level of Analysis is connected with international to national because the court is
international but affects a singular nation committing the violation.
Sources used to decide on topic (APA format):
Roach, Steven. (2013). How Political Is the ICC? Pressing Challenges and the Need for
Diplomatic Efficacy. Global Governance. 19. 507-523. 10.1163/19426720-01904003.
Real World Role chosen: Editorial Writer
Topic Research
Learning Target
2.2 I can evaluate the codification, protection, and monitoring processes of human rights.
Section 1: To what extent is the International Criminal Court’s emphasis on soft power effective
in protecting human rights?
General
The International Criminal Court serves to protect human rights. The International Criminal
Court's founding treaty, the Rome Statute, grants the ICC jurisdiction over the following
infractions: genocide, crimes against humanity, war crimes and crimes of agression. ICC
functions differently based on national jurisdiction. The International Criminal court’s authority
was evaluated under the context of the case of the President of Sudan at the time, Omar Hassan
Ahmad Al Bashir. This effectiveness regarding soft power is put into question and the
International Criminal Court will not try an individual unless they are present in the courtroom
and because of the ex-president still being at large and unable to be present in the courtroom he
is still yet to face the International Criminal Court although the people of Sudan generally
believe he should adn the Sudanese government has agreed to hand him over for charges of war
crimes and genocide. This shows that the effectiveness of soft power is limited because with hard
power there would be military action to bring Omar Hassan Ahmed Al Bashir into the
International Criminal Court for a hearing but that is outside of their jurisdiction as it acts
separately from the justice system within a nation. This authority is also questioned as
individuals can only be subject to the International Criminal Court if the individual's country has
signed the Roman Statute giving the International Criminal Court permission to persecute them
and there are very prominent countries, such as the United States, that have not done so. The
court is also limited in that it has a current issue of targeting countries in Africa when there is
countries in other regions also committing crimes and therefore makes African countries
reluctant to the International Criminal Court’s system of justice and therefore making it
ineffective if it can not function with nation’s individually, considering that the Court also has as
much power as is given by a nation.
Key Concepts
Sovereignty- The International Criminal Court’s effectiveness is relative to a nation’s
sovereignty. When signing the Roman Statute a nation is giving the International Criminal Court
a certain extent of power over their nation and therefore the nation is relinquishing a piece of
their sovereignty. A large reason why nations like the United States of America have not signed
the Roamn Statute is because they do not want to have ot relinquish part of their sovereignty for
the protection promised by the international criminal court, the United States, for example, has
its own Supreme Court that deals with the issues of its nation and giving an organization outside
of the United States permission to have its citizens subject to its justice system would have less
power given to the justice system already established,
Interdependence- Interdependence has become increasingly hard for countries to avoid with
IGOs such as the International Criminal Court. The International Criminal Court only has power
that is given to it by a nation and for that reason it is dependent on said nation. However, once
that power is given to the International Criminal Court the nation is then partially subject to the
leadership of the international criminal court because they have signed for the ICC to handle
crimes in that nation that is within its jurisdiction and the government of said nation no longer
has jurisdiction over that aspect of the justice system.
Power- Power is a major role at play in the International Criminal Court. The power is in regard
to an international organization which is different from the power of a nation as power of a
nation is assumed as it is a sovereign state. The power of an international organization however
is given to the organization by the nation it is acting in. The power of the International Criminal
Court would be considered soft power as the power is gained through a compromise or exchange
where the nation relinquishes part of their sovereignty for their protection as well as the litigation
within the ICC could be considered to be soft power as their is not an international prison system
it is simply just a court in order to charge those of crimes and their punishments are taken
separately from there.
Levels of Analysis
National- On a national level the International Criminal Court’s use of soft power could be seen
as effective as it has the charging of crimes out of the hands of the nation and now taken
responsibility for the litigation aspect of the process and has agreed to protect the human rights
of a country by keeping such things in check which means that the country can not monitor their
own human rights violation which makes the prosecution of violations more effective.
International- On an international level the soft power of the international Criminal Court has
been both effective and ineffective. It has been effective as the international criminal court has
been effective in what it set out to do which is to charge those guilty of human rights violations
on an international scale, as well as it has been given power by multiple nations and therefore has
achieve a status where their soft power can be used effectively instead of if it was an
insignificant smaller organization. However, the ICC could also be evaluated as being ineffective
on an international scale because of the lack of actual sovereign power given to the International
Criminal Court, especially considering that the Roman Statute has not been signed by each and
every country and with different rules applying to each country under the International Criminal
Court it can not possibly be entirely effective in protecting human rights all around the world.
Learning Target
2.4 I can evaluate debates on human rights
Section 2: Politicization of Human Rights- Humanitarian Intervention
General
The utilization of power is the defining normal for Humanitarian Intervention, or rather to
choose whether or not to utilize power is the characterizing trademark. Humanitarian
Intervention is more centered around the infringement of common liberties than on the power of
a country and the legitimacy of the military activities as the principle objective is to save lives as
the nation is placing them at risk.There is a new norm of legitimate humanitarian intervention
with the emergence of counter-restrictionist ideas.The Counter-Restrictionist perspective is
enticing in light of the fact that without philanthropic intercessions so numerous lives would be
demolished that could be effortlessly saved if another nation were to venture up and there is
additionally an ethical commitment to help individuals in need particularly when you are in a
place of power.The rule of the Responsibility to Protect conquers a portion of the issues related
with Humanitarian Interventions generally in light of the fact that the lawfulness of an activity is
the thing that makes it real and nations can cause wars and damage regular people for ulterior
intention yet make it look like a Humanitarian Intervention into a country when indeed they are
attempting to decrease that nation of its assets, yet with a Responsibility to Protect this is harder
to do. Responsibility while protecting complements RtoP because it is a greater degree of
judicious analysis about the likely consequences of various courses of action before decisions are
made about whether or not to use force. This is complementary because it is basically a reform of
responsibility to protect and it is not challenging that there is a responsibility to protect.
Key Concepts
Legitimacy- Legitimacy is involved in humanitarian intervention because it is hard to argue in
any case the humanitarian intervention is legitimate. The issue with legitimacy of humanitarian
intervention is that according to some laws or charters it is seen as legitimate under certain
circumstances but also it technically is not and that is almost an extension of the rule.
Sovereignty- A nation’s sovereignty comes into question when a humanitarian intervention
occurs because for example if a country were to invade another country that would be seen as
war when really it is only to help that country’s struggling people and that is why they occur but
in order to keep a nation sovereign it must be the governing actor over its people and it is not an
outside nation’s job to without permission do that job.
Conflict- There is a lot of conflict around humanitarian intervention because with there not being
a sound legal basis for intervention and it infringing on the sovereignty of another nation, one
nation might not be willing to act on such a thing. As well as there is another conflict as it is up
to a country to determine whether or not the moral obligation to uphold human rights universally
outweighs the legality of a situation because of a nation's sovereignty as well as what their
obligation is to their own people to not put their citizens at risk in order to solely benefit a
foreign nation.
Levels of Analysis
On an International level it appears to be that it can generally be defended to encroach on a
country's Sovereignty in the event that they have Human Rights infringement yet on a National
level, the country that is submitting the infringement probably won't view it as such and since
they are a sovereign state it is in reality hard to legitimize.Motives, means and outcomes are the
main viewpoint with regards to making a decision about the humanitarian intervention in light of
the fact that occasionally having great intentions and results can legitimize the methods for
arriving at that, the result should be expansion in basic freedoms or diminishing in human rights
violations yet in the event that the motives are malevolent than the methods for intervention are
not justified where a country's sovereignty is infringed upon. The motives ought to possibly be
being referred to if there is a maltreatment of force on the grounds that the public authority is
acting not for individuals, or misguidedly.
Learning Target
2.3 I can analyze human rights practices
Section 3: Violation of Human Rights- 9/11 Torture Program
General
A year ago in the preliminary trial becoming aware of five men accused of plotting the
September 11 assaults on the United States, Dr. James Mitchell strikingly depicted his part in
tormenting prisoners in the program he helped plan for the Central Intelligence Agency
(CIA).Sitting under 25 feet from Khalid Sheik Mohamed (alluded to as KSM), Mitchell gave a
point by point portrayal of how Mohamed was waterboarded. Mitchell read so anyone might
hear subtleties and rehashed the inquiries he posed to Mohamed during a March 2003 cross
examination meeting that included pouring 12 liters of water over Mohamed's nose and mouth.
He even claimed that at one point during a waterboarding session “KSM fell asleep on the
waterboard” and thus could not have been scared.Nobody associated with the CIA torment
program has been considered responsible, including Mitchell, his accomplice, Dr. John Bruce
Jessen, and those at the most significant levels of the US government who endorsed and
approved it. Maybe, key figures like Gina Haspel, the current overseer of the CIA who
administered torment in Thailand, have been elevated to senior positions. Addressed by
safeguard counsel in the event that he dreaded criminal indictment for his activities, Mitchell
answered no. He came to Guantanamo deliberately to affirm.
Key Concepts
Human Rights- Human rights are involved with the post 9/11 torture program in many ways.
9/11 was a horrific event that ended many lives through a terrorist attack. These terrorist attacks
were obvious violations of the victims' human rights as one inalienable human right is the right
to life which by being killed their right to life was being infringed upon. Also the people injured
in 9/11 had their human rights infringed upon. But also those that are accused of having any
involvement with Al-Qaeda but did not have their human rights infringed on by being tortured.
The 9/11 torture program made a multitude of human rights violations with only the little
information known about it, bringing someone close to death is a definite infringment of human
rights as well as these things were done to innocent people and were not subject to the same
rights that others have like a fair trial by jury and were told not to speak of what happened to
them.
Justice- Justice is a key concept that all is not seen in the 9/11 torture programs because justice
means to bring a just solution to a problem. The problem at hand would be the acts on 9/11 but
the people that were tortured were not actually involved in 9/11 and therefore the government
was not steps closer to getting any kind of justice for this attack as well as the reparations for
those actually involved were not given as the time was spent on people that had no involvement
with 9/11 terrorist attacks. Justice was also not served for the people that were tortured in the
program as those people are not allowed to speak of what happened or what was done to them
and therefore can not seek any legal justice for themselves and if they tried it would not be given.
The justice has not at all been served for these people at all as there is barely any awareness of
this torture program even decades after 9/11 and everything is still classified.
Violence- Violence as a key concept means use of physical force so as to injure, abuse, damage,
or destroy. The 9/11 torture program used violence as a means to abuse those it was trying to
gain information from. Violence also is an evasion of human rights which means that the
violence is a means of which the human rights of those that were being tortured were stripped of
their human rights by the US government, more specifically the CIA. The CIA’s excessive force
in this torture program is described as violence but also the acts on 9/11 were also acts of
violence so with the intentions of getting answers as to whether or not more were to come this
may justify the violence to some extent through the lens of hard power.
Levels of Analysis
Through the National Level of Analysis, The torture program was important to fidn out
information regarding national security which could directly impact the whole nation full of
people as they could all be a victim of the next attack so the intentions of the program were
important on a national level even if nothing came from it.
On a Regional Level of Analysis, the torture program was discriminatory to a entire group of
people culturally as the people chosen for the 9/11 torture program were profiled as possibly
being a part of Al-Queda as they were of the muslim faith but in reality not all muslims were
invloved in Al-Queda as it is an extremist group of muslims. So looking at it from the muslim
point of view the torure program’s view was racist and not justified especially as it was a
violation of all of the victims human rights.
Reflection
I learned from my portfolio about the soft and hard power and key concepts and level of analysis
involved in the International Criminal Court, Humanitarian Intervention, and the 9/11 torture
program. I learned that the soft power emphasis in the international criminal court does protect
human rights but only to a certain extent because without the force that is necessary under hard
power, the International Criminal Court is not entirely as effective as it could be.