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.