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NSWLegal StudiesQuick questions
Core Part II: Human Rights
Quick questions on Promoting and enforcing human rights internationally: HSC Legal Studies
15short Q&A pairs drawn directly from our worked dot-point answer. For full context and worked exam questions, read the parent dot-point page.
What is the United Nations system?Show answer
The Charter of the United Nations 1945 is the founding document of the UN. The six principal organs are the General Assembly, the Security Council, the Economic and Social Council, the Trusteeship Council (now dormant), the Secretariat and the International Court of Justice (article 7).
What is treaty bodies?Show answer
Each major human rights treaty has a monitoring body:
What is international courts and tribunals?Show answer
International Court of Justice (ICJ). Hears disputes between states. Currently hearing The Gambia v Myanmar (Genocide Convention, filed 2019) and South Africa v Israel (provisional measures issued 26 January 2024). Compliance depends on state acceptance.
What is regional human rights mechanisms?Show answer
The Asia-Pacific has no regional human rights court. Australia and New Zealand engage instead through the UN system.
What is nGOs and the media?Show answer
Amnesty International (founded 1961) documents and lobbies; awarded the Nobel Peace Prize 1977. Human Rights Watch publishes country reports and lobbies governments. The International Committee of the Red Cross (ICRC) monitors compliance with the Geneva Conventions and visits detainees. Investigative journalism (the 2020 Brereton Report into alleged Australian war crimes in Afghanistan, the Pulitzer-winning reporting on the Rohingya crisis) frames issues for political response.
What is limits?Show answer
The system has structural weaknesses:
What is general Assembly?Show answer
Resolutions are not binding but carry political weight. Adopted the UDHR 1948 and many key declarations.
What is security Council?Show answer
Has primary responsibility for international peace and security under Chapter VII of the Charter. Can authorise sanctions and military action. Permanent members (US, UK, France, Russia, China) hold the veto.
What is human Rights Council?Show answer
Established by UN General Assembly Resolution 60/251 in 2006. Conducts the Universal Periodic Review (every UN member reviewed every 4-5 years), appoints Special Rapporteurs on thematic and country mandates, and runs Special Sessions on emerging crises.
What is office of the High Commissioner for Human Rights?Show answer
UN agency that supports the human rights treaty bodies and the Council.
What is international Court of Justice?Show answer
Hears disputes between states. Currently hearing The Gambia v Myanmar (Genocide Convention, filed 2019) and South Africa v Israel (provisional measures issued 26 January 2024). Compliance depends on state acceptance.
What is international Criminal Court?Show answer
Established by the Rome Statute of the International Criminal Court 1998 (in force 2002). Prosecutes individuals for genocide, crimes against humanity, war crimes and aggression. 124 states parties.
What is ad hoc tribunals?Show answer
The International Criminal Tribunal for the former Yugoslavia (ICTY, 1993-2017) and the International Criminal Tribunal for Rwanda (ICTR, 1994-2015) were established by Security Council resolutions.
What is confusing the Security Council and the Human Rights Council?Show answer
Security Council: peace and security, 15 members, 5 with veto. Human Rights Council: 47 elected members, conducts Universal Periodic Review.
What is treating treaty body findings as binding judgements?Show answer
They are recommendations. States are expected to comply but are not compelled. :::