Class activities

 

 

Class 1: January 4

 

(i)                  What is International Justice?

(ii)                Is there such a thing as International Justice?

(iii)               In your opinion, what are the most pressing International Justice issues and problems?

(iv)              Analyze the cartoon. What happens? Do you agree? Why? Why not?

 

 

 

 

Class 2: January 11

 

Brainstorming: Why do wars occur?

 

 

Group discussion

 

 

 

 

Class 3: January 18

 

 

Scenarios:

 

  1. The General Assembly recently adopted the United Nations Declaration on Human Cloning, by which Member States were called on to adopt all measures necessary to prohibit all forms of human cloning inasmuch as they are incompatible with human dignity and the protection of human life. A leading South Korean university launched a human cloning program. The Philippines sent a letter to the South Korean government demanding the government to order the immediate termination of that program or else the Philippines would take this case to the International Court of Justice. Can the Philippines succeed? Why? Why not?
  2. Professor Cassasse, a very respected Italian scholar, published a book on International Law where he holds that “In the case of secession non military bases may continue to be used by the state that built them, provided that it offers to pay adequate compensation to the state where that base is located.” There is a conflict between Russia and Estonia as Estonia, now an independent state, wants to build a wind farm to generate clean electricity where there is a Soviet built nuclear plant. Russia offers compensation, which is considered adequate by Estonia, to keep operating the nuclear plant. Estonia refuses the compensation as it prefers to build the wind farm. There is no treaty and no international custom about this issue. Estonia brings the complaint to the International Court of Justice and Russia invokes the book. Can Russia be successful? Why? Why not?
  3. Netherlands ratified the Moon Agreement. Canada has not. Netherlands wants to invoke environmental obligations arising out of the Agreement against Canada. Is this possible?
  4. Catalonia wants to separate from Spain. It holds a referendum and 52% of Catalonians vote in favor of the secession. The following day, the Catalonian Popular Party proclaims the beginning of a new independent state. The Canadian Foreign Affairs Department seeks your advice as to whether or not to recognize Catalonia as a new state.
  5. France, Spain, Russia, and the United States have the following principles in their domestic laws. What is the general common principle? France: Foreign correspondents of internationally accredited news agencies should be given access to the theatre of operations in armed conflicts, provided they make a request in writing. Spain: Foreign correspondents of internationally accredited news agencies should be given access to the theatre of operations in armed conflicts, if requested with at least 72 hours in advance. United States: Foreign correspondents of internationally accredited news agencies should be given access to the theatre of operations in armed conflicts, provided they agree to comply with orders issued by the military officer in charge. Russia: Foreign correspondents of internationally accredited news agencies should be given access to the theatre of operations in armed conflicts, if previously registered with the Department of Foreign Affairs.
  6. Suppose, there is an international armed conflict between Belize and Honduras. BBC, the leading UK news organization wants to go to Belize to broadcast the conflict live. Can it invoke the general principle of law mentioned above?
  7. The United States, Russia, France, and the United Kingdom, together with other European, and Latin American states are making declarations that they regard the clean up of nuclear plants as an imperative obligation. China objects and issues a declaration saying that there is no such obligation in international law. Brazil refuses to clean up its nuclear plants. The United States formally complains to Brazil and threatens to sue before the International Court of Justice. Can the US succeed? Why? Why not?
  8. The United States, Russia, France, and the United Kingdom, together with other European, and Latin American states have long regarded the cooperation to clean up nuclear plants as an imperative obligation. So, for example, when France decided to clean up a nuclear plant in its Guyana territory, it sought the collaboration of the United States, which gave it without seeking any monetary compensation. When Argentina sought help from China on account of this long established international customary norm, China refused saying that it now objects to that international custom. Argentina wants to bring a case against China before the International Court of Justice. Can Argentina succeed? Why? Why not?
  9. An NGO that elaborated a draft international treaty on the protection of the Environment together with the Canadian government wants to vote in the international assembly discussing this treaty. You are the president of the assembly. Can you allow the NGO to vote? Can you allow it to participate in the deliberations without voting?
  10. Russia, the US, France, and the UK have the following domestic norms regarding environment. The UK has the following norm: “a person who introduces a pollutant should also be responsible for the removal of that pollution”. The US states that “whoever pollutes the air, the sea, or earth should pay for the clean up costs of removing pollution.” France and Russia have the following norm “any person, whether individual or legal entity, that pollutes the earth, air, or sea, shall pay for any costs associated with the removal of pollutants”. What is the general principle? Suppose that China introduces a pollutant on French airspace. Can France oblige China to pay clean up costs and a fine?
  11. In 1907, a Londoner by the name of William Willett vigorously campaigned for the adoption of Daylight Saving Time, lamenting that everyone regrets that the "bright light of an early morning during Spring and Summer months is so seldom seen or used." Germany adopted the practice of DST as a wartime measure to conserve energy in April of 1916, and over a dozen countries quickly followed suit. Ninety years later over 70 countries have adopted the practice of DST. There is a clear consensus among states to accept this custom, as exhibited by widespread conduct among the nations of the world. Almost every industrialized nation of the world now employs the practice, affecting over one billion people. Its goal, to use daylight to its maximum advantage, is generally recognized to be of universal benefit. Is this a customary international norm?

 

 

 

Class 4: January 25

 

Nuremberg:

 

(i)                  What are the flaws of the Nuremberg trials?

(ii)                What are the positive aspects of the Nuremberg trials?

(iii)               Do you think it was victor’s justice?

(iv)              What was the role of women in the trials?

(v)                What was the role of the United States in the trials?

(vi)              What do you think about trying people for acts that were not considered crimes at the moment of commission?

(vii)             Would you have done something differently?

 

Class 6: February 1

 

 

1)      Spanish bombings. It was proved that some of the perpetrators and counselors of these bombings are Pakistan nationals. Pakistan is not a party to the ICC. Spain is.

2)      September 11. Assume these events took place after July 1, 2002. Could they be tried before the ICC?

3)      Rwanda. Assume these events took place after July 1, 2002. Could they be tried before the ICC? What international crimes appear on the video?

4)      Pulp Fiction. The victims are Brett, a Canadian citizen and his friend a Mexican citizen. A general principle of law found in most Western nations is that intentional and unlawful killing is prohibited. Is the US government internationally responsible towards Mexico and Canada for this incident?

5)      Montreal Massacre. Suppose a similar event takes place here at DAL because Kevin, –a Canadian citizen, part-time student, who is also an RCMP officer- wanted to take the International Justice class and was unable to register because it was full. He blamed it on international students that fill DAL classes, so he killed Kristina, and Ludmila, who are citizens of Sweden, Argentina, respectively. He also killed Prof. Hermida, a dual Canadian and Argentine citizen, and several other Canadian students. Can Kevin be tried before the ICC?

6)      Vienna Tribunal. Are these international crimes? Assuming they took place after July 1, 2002, can they be tried before the ICC?

7)      Danish Cartoonist. Read the following article. Suppose a group of extreme Muslims kidnapped and killed the cartoonist, and the editor of all European newspapers that reprinted the cartoon. The Muslim extremists cited a principle of Sharia law generally accepted in the Muslim world that says that whoever defame Prophet Mohammed must be killed. A) Would this be an international crime? B) If so, could it be tried before the ICC? C) Could you successfully argue that this law is a source of international law as it is a principle of generally accepted in most of Islamic countries.

8)      Canadian Bacon. Is operation Canadian Bacon legal? Does it respect the jus ad bellum norms? Is the Canadian government responsible for taking Honey as a hostage? Is it an international crime? Supposing this took place after July 1, 2002, can the Canadian Primer Minister be tried before the ICC?

9)      London bombings. Emerging Portraits Of Suspects | July 13, 2005 20:22:05 . Fifty six civilians of different nationalities died, and more than seven hundred were injured as a result of a series of three bombs that exploded in the London underground, and a fourth on a Double Decker bus. Assuming that there are perpetrators or participants that are still alive, can these events be tried before the ICC?

 

 

International Criminal Court

 

·        Do you welcome the establishment of the International Criminal Court? What are its main weak and strong aspects?

·        Should trials last so long? What can be done to speed international trials without compromising the accused’s rights?

·        What are the discrepancies between the horror of mass murder and the dispassionate proceedings of a courtroom?

 

February 8

 

International Humanitarian interventions and human security

 

March 1

 

Global Sex trade

 

Scenarios:

 

1)      Two college male students went to a travel agency in Toronto to book a Spring Break package. They said they wanted to go to cool a place, since it was their last year in college. The travel agent asked them “What would you like to do during your Spring Break?” The students replied “You know, we want to have fun, get laid, and get drunk.” The travel agent replied “I have the perfect package for you guys. You will have a lot of fun, and a lot of chances to get laid with beautiful girls in Cambodia.” So, the two students bought a tourist package to Cambodia. On their first day, they had sex with a 12-year old girl and a 16-year old girl, respectively, for US$ 50.

 

2)      Two college students, aged 20, go to Thailand. One is a US citizen and the other one is Canadian. They pick up girls in a local bar. The girls are 17 years old. The Canadian student has consensual sex with one of the girls. After having sex, the girl tells him that her family lives in poverty. He leaves a US$ 20-bill on the night table and leaves.

 

3)      The American student has consensual sex with a 17-year old girl in Thailand. They fall in love and start dating. He proposes to her and invites her to go live in the States. They fly to New York, and when they clear immigration at JFK he is arrested.

 

4)      A Canadian citizen travels to Jamaica. He has consensual sex with a 14-year old girl. He doesn’t give her any money or presents.

 

5)      While on business in Thailand, a dual Canadian-Thailand businessman has sex with a 13-year old boy for US$ 60.

 

6)      A Canadian accountant is sent to work in San Jose, Costa Rica for a 12-month period. While in San Jose, he pays a 15-year old female prostitute to have sex with him.

 

7)      After their first several encounters, the Canadian accountant starts dating the girl. They have consensual sex and he never pays her again. They get married in San Jose and come back to Canada when his project in Costa Rica ends.

 

8)      A US travel agency advertises sex tourist packages in South East Asia. A Canadian female teacher, who is a US permanent resident, buys the package with the intent to have paid sex with young boys. But, once there she changes her mind and spends all her days on the beach and shopping.

 

9)      A Canadian travel agency advertises sex tourist packages in South East Asia. A Canadian female teacher, who resides in Canada, buys the package with the intent to have paid sex with young boys. But, once there she changes her mind and spends all her days on the beach and shopping.

 

10)  A Canadian female teacher travels to the Dominican Republic and has consented sex with a 12-year old girl there. She never pays her.

 

11)  A Canadian permanent resident and Chilean citizen aged 30 travels to Chile with his friend’s 14 year old daughter, also a Canadian citizen of Chilean origin. In Santiago, they have consented sex. He buys her expensive gifts, such as jewelry and coats.

 

12)  A Canadian male citizen, aged 35, travels to Vietnam with his wife. There, he has paid sex with a 17 year old girl while his wife was sightseeing. His wife comes back earlier and finds her husband and the girl in the hotel room. She goes to the police. The police arrest her husband, and refer him to a court. He is acquitted because paid sex with anyone over 16 is legal. When the couple come back to Canada, the wife goes to the police and report the incident that took place in Vietnam.

 

13)  A Canadian male citizen, aged 30, travels to the Dominican Republic and forces a 15-year old boy to have sex with him.

 

14)  A US female citizen, aged 25, travels to the Dominican Republic and forces a 15-year old boy to have sex with her.

 

15)  A Canadian female citizen has consented sex with a 16-year old girl in Haiti. She takes pictures of their sexual acts.

 

 

 

Video: Heading South

 

March 8

 

PROJECT

 

 

March 15

 

(i)                  Do you agree with the extradition rules?

(ii)                Do you agree with the UK Lords’ decision to send Pinochet back to Chile?

(iii)               Do you think that the latest Chilean court ruling declaring him unfit to stand trial is just and fair?

(iv)              What should be done with Pinochet?

(v)                There were several victims in Chile that had Canadian citizenship. Can Pinochet be extradited to Canada? Why? Why not?

(vi)              What can the international community do to prevent new similar cases?

(vii)             Should other former state leaders, such as Kissinger, Bush Sr. and others be concerned?

(viii)           Can there be a truly universal justice?

 

March 22

 

Human Trafficking

 

 Human trafficking