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Contingent Sovereignty
Contingent sovereignty refers to the new and still evolving theory which challenges the norm of non-intervention in the internal affairs of countries, commonly associated with the Westphalian doctrine of sovereignty. In 2007, Stewart Patrick of the United States State Department described the contingent sovereignty as follows. The concept of contingent sovereignty is evolving and currently not codified in international law. Criticism Critics argue that the concept of contingent sovereignty allows powerful countries, such as the United States, too much scope to invade other countries based in their own judgements about the human rights abuses or other wrongdoing of the government of the country concerned. See also * Responsibility to protect *Humanitarian intervention *Sovereignty *Just War theory The just war theory ( la, bellum iustum) is a doctrine, also referred to as a tradition, of military ethics which is studied by military leaders, theologians, ethicists and poli ...
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Non-intervention
Non-interventionism or non-intervention is a political philosophy or national foreign policy doctrine that opposes interference in the domestic politics and affairs of other countries but, in contrast to isolationism, is not necessarily opposed to international commitments in general. A 1915 definition is that non-interventionism is a policy characterized by the absence of "interference by a state or states in the external affairs of another state without its consent, or in its internal affairs with or without its consent". This is based on the grounds that a state should not interfere in the internal politics of another state as well as the principles of state sovereignty and self-determination. A similar phrase is "strategic independence". History The norm of non-intervention has dominated the majority of international relations and can be seen to have been one of the principal motivations for the US's initial non-intervention into World Wars I and II, and the non-interven ...
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Violations Of Human Rights
Human rights are moral principles or normsJames Nickel, with assistance from Thomas Pogge, M.B.E. Smith, and Leif Wenar, 13 December 2013, Stanford Encyclopedia of PhilosophyHuman Rights Retrieved 14 August 2014 for certain standards of human behaviour and are regularly protected in municipal and international law. They are commonly understood as inalienable,The United Nations, Office of the High Commissioner of Human RightsWhat are human rights? Retrieved 14 August 2014 fundamental rights "to which a person is inherently entitled simply because she or he is a human being" and which are "inherent in all human beings",Burns H. Weston, 20 March 2014, Encyclopædia Britannicahuman rights Retrieved 14 August 2014. regardless of their age, ethnic origin, location, language, religion, ethnicity, or any other status. They are applicable everywhere and at every time in the sense of being universal, and they are egalitarian in the sense of being the same for everyone. They are regarde ...
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Political Terminology
Politics (from , ) is the set of activities that are associated with making decisions in groups, or other forms of power relations among individuals, such as the distribution of resources or status. The branch of social science that studies politics and government is referred to as political science. It may be used positively in the context of a "political solution" which is compromising and nonviolent, or descriptively as "the art or science of government", but also often carries a negative connotation.. The concept has been defined in various ways, and different approaches have fundamentally differing views on whether it should be used extensively or limitedly, empirically or normatively, and on whether conflict or co-operation is more essential to it. A variety of methods are deployed in politics, which include promoting one's own political views among people, negotiation with other political subjects, making laws, and exercising internal and external force, including wa ...
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Just War Theory
The just war theory ( la, bellum iustum) is a doctrine, also referred to as a tradition, of military ethics which is studied by military leaders, theologians, ethicists and policy makers. The purpose of the doctrine is to ensure that a war is morally justifiable through a series of criteria, all of which must be met for a war to be considered just. The criteria are split into two groups: ("right to go to war") and ("right conduct in war"). The first group of criteria concerns the morality of going to war, and the second group of criteria concerns the moral conduct within war. There have been calls for the inclusion of a third category of just war theory (''jus post bellum'') dealing with the morality of post-war settlement and reconstruction. The just war theory postulates the belief that war, while it is terrible but less so with the right conduct, is not always the worst option. Important responsibilities, undesirable outcomes, or preventable atrocities may justify war. Opp ...
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Sovereignty
Sovereignty is the defining authority within individual consciousness, social construct, or territory. Sovereignty entails hierarchy within the state, as well as external autonomy for states. In any state, sovereignty is assigned to the person, body, or institution that has the ultimate authority over other people in order to establish a law or change an existing law. In political theory, sovereignty is a substantive term designating supreme legitimate authority over some polity. In international law, sovereignty is the exercise of power by a state. ''De jure'' sovereignty refers to the legal right to do so; ''de facto'' sovereignty refers to the factual ability to do so. This can become an issue of special concern upon the failure of the usual expectation that ''de jure'' and ''de facto'' sovereignty exist at the place and time of concern, and reside within the same organization. Etymology The term arises from the unattested Vulgar Latin's ''*superanus'', (itself derived ...
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Humanitarian Intervention
Humanitarian intervention is the use or threat of military force by a state (or states) across borders with the intent of ending severe and widespread human rights violations in a state which has not given permission for the use of force. Humanitarian interventions are aimed at ending human rights violations of individuals other than the citizens of the intervening state. Humanitarian interventions are only intended to prevent human rights violations in extreme circumstances. Attempts to establish institutions and political systems to achieve positive outcomes in the medium- to long-run, such as peacekeeping, peace-building and development aid, do not fall under this definition of a humanitarian intervention. There is not one standard or legal definition of humanitarian intervention; the field of analysis (such as law, ethics or politics) often influences the definition that is chosen. Differences in definition include variations in whether humanitarian intervention is limited t ...
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Responsibility To Protect
The Responsibility to Protect (R2P or RtoP) is a global political commitment which was endorsed by all member states of the United Nations at the 2005 World Summit in order to address its four key concerns to prevent genocide, war crimes, ethnic cleansing and crimes against humanity. The doctrine is regarded as a unanimous and well established international norm over the past two decades. The principle of the Responsibility to Protect is based upon the underlying premise that sovereignty entails a responsibility to protect all populations from mass atrocity crimes and human rights violations. The principle is based on a respect for the norms and principles of international law, especially the underlying principles of law relating to sovereignty, peace and security, human rights, and armed conflict. The R2P has three pillars: #Pillar I: The protection responsibilities of the state – "Each individual state has the responsibility to protect its population from genocide, wa ...
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Human Rights
Human rights are Morality, moral principles or Social norm, normsJames Nickel, with assistance from Thomas Pogge, M.B.E. Smith, and Leif Wenar, 13 December 2013, Stanford Encyclopedia of PhilosophyHuman Rights Retrieved 14 August 2014 for certain standards of human behaviour and are regularly protected in Municipal law, municipal and international law. They are commonly understood as inalienable,The United Nations, Office of the High Commissioner of Human RightsWhat are human rights? Retrieved 14 August 2014 fundamental rights "to which a person is inherently entitled simply because she or he is a human being" and which are "inherent in all human beings",Burns H. Weston, 20 March 2014, Encyclopædia Britannicahuman rights Retrieved 14 August 2014. regardless of their age, ethnic origin, location, language, religion, ethnicity, or any other status. They are applicable everywhere and at every time in the sense of being Universality (philosophy), universal, and they are Egalitari ...
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International Law
International law (also known as public international law and the law of nations) is the set of rules, norms, and standards generally recognized as binding between states. It establishes normative guidelines and a common conceptual framework for states across a broad range of domains, including war, diplomacy, economic relations, and human rights. Scholars distinguish between international legal institutions on the basis of their obligations (the extent to which states are bound to the rules), precision (the extent to which the rules are unambiguous), and delegation (the extent to which third parties have authority to interpret, apply and make rules). The sources of international law include international custom (general state practice accepted as law), treaties, and general principles of law recognized by most national legal systems. Although international law may also be reflected in international comity—the practices adopted by states to maintain good relations and mutua ...
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Crimes Against Humanity
Crimes against humanity are widespread or systemic acts committed by or on behalf of a ''de facto'' authority, usually a state, that grossly violate human rights. Unlike war crimes, crimes against humanity do not have to take place within the context of war, and apply to widespread practices rather than acts committed by individuals. Although crimes against humanity apply to acts committed by or on behalf of authorities, they need not be official policy, and require only tolerance rather than explicit approval. The first prosecution for crimes against humanity took place at the Nuremberg trials. Initially being considered for legal use, widely in international law, following the Holocaust a global standard of human rights was articulated in the Universal Declaration of Human Rights (1948). Political groups or states that violate or incite violation of human rights norms, as found in the Declaration, are an expression of the political pathologies associated with crimes against hu ...
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Kofi Annan
Kofi Atta Annan (; 8 April 193818 August 2018) was a Ghanaian diplomat who served as the seventh secretary-general of the United Nations from 1997 to 2006. Annan and the UN were the co-recipients of the 2001 Nobel Peace Prize. He was the founder and chairman of the Kofi Annan Foundation, as well as chairman of The Elders, an international organisation founded by Nelson Mandela. Annan studied economics at Macalester College, international relations at the Graduate Institute Geneva, and management at MIT. Annan joined the UN in 1962, working for the World Health Organization's Geneva office. He went on to work in several capacities at the UN Headquarters including serving as the Under-Secretary-General for peacekeeping between March 1992 and December 1996. He was appointed secretary-general on 13 December 1996 by the Security Council, and later confirmed by the General Assembly, making him the first office holder to be elected from the UN staff itself. He was re-elected for a s ...
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Westphalian Sovereignty
Westphalian sovereignty, or state sovereignty, is a principle in international law that each state has exclusive sovereignty over its territory. The principle underlies the modern international system of sovereign states and is enshrined in the United Nations Charter, which states that "nothing ... shall authorize the United Nations to intervene in matters which are essentially within the domestic jurisdiction of any state." According to the idea, every state, no matter how large or small, has an equal right to sovereignty. Political scientists have traced the concept to the Peace of Westphalia (1648), which ended the Thirty Years' War (1618–1648) and Eighty Years' War (1568–1648). The principle of non-interference was further developed in the 18th century. The Westphalian system reached its peak in the 19th and 20th centuries, but it has faced recent challenges from advocates of humanitarian intervention. Principles and criticism A series of treaties make up the Peace of ...
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