The Montevideo Convention On The Rights and Duties of States

You might also like

Download as docx, pdf, or txt
Download as docx, pdf, or txt
You are on page 1of 2

 The Montevideo Convention on the Rights and Duties of States (1933) was a failure- established in

its lack of enforceability to intervene in Rwandan Genocide 1994 .


 During the Rwandan genocide of 1994, members of the Hutu ethnic majority in the east-central African
nation of Rwanda murdered as many as 800,000 people, mostly of the Tutsi minority.
 By the time the Tutsi-led Rwandese Patriotic Front gained control of the country through a military
offensive in early July, hundreds of thousands of Rwandans were dead and 2 million refugees (mainly
Hutus) fled Rwanda, exacerbating what had already become a humanitarian crisis.
 “The thousands of Tutsis who died to Hutus led to societal values shifting, where sovereignty was a
licence to kill” President Gareth Evans of NGO International Crisis Group.
→ Media and NGOs hold those accountable by raising awareness
 This also outlined the ineffectiveness of the UN whereby the UN’s veto powers, namely russia
restricted any intervention.
 In October 1994, the International Criminal Tribunal for Rwanda (ICTR), located in Tanzania, was
established as an extension of the International Criminal Tribunal for the former Yugoslavia (ICTY) at
The Hague, the first international tribunal since the Nuremburg Trials of 1945-46, and the first with the
mandate to prosecute the crime of genocide.
 In 1995, the ICTR began indicting and trying a number of higher-ranking people for their role in the
Rwandan genocide; the process was made more difficult because the whereabouts of many suspects
were unknown.
 The trials continued over the next decade and a half, including the 2008 conviction of three former
senior Rwandan defense and military officials for organizing the genocide.
 THis lead to the establishment of the responsibility to protect as stipulated in the International
commission on intervention and State Sovereignty’s (2001) report “R2P articulates that states have
the primary responsibility for the protection of their people, however, when the state in question is
unwilling or unable to do so, the responsibility falls upon the international community”. This set
Effective preventative measures as demonstrated in the case of the Malian crisis whereby UNSC
Resolution (September 2017) emphasised the Malian government primary responsibility for the
protection of the people in response to the re-escalation of conflict in northern Malia. Hence, despite
the fact that this principle reduces state sovereignty, it achieves world order.
 Therefore, demonstrating the effectiveness of Tribunals in holding those accountable of numerous mass
atrocities, and the response of international instruments in preventing such atrocities from recurring as
established in the Malian Crisis.

the effectiveness of the UN is significantly outlined in the case of East Timor where the UN intervened in order
to encourage cooperation and resolve conflict in 19999. INTERFET encompassing Australia, intervened in East
Timor to bring justice to victims and ensure stability. The Effectiveness has seen in the article ‘East Timor
Peacekeeping Mission’ where highlighted how INTERFET and its 1500 troops restored 80% of the country to a
state of peace and security within a period of 30 days. Hence, demonstrating the UN’s effectiveness in
attempting to resolve conflict by enforcing peace within the nation. Moreover, the UN also encouraged
cooperation as set out a referendum for the East Timor nation to declare them as a state apart from Indonesia
who was dominating the east timorese. This encouraged cooperation as it settled disputes with indonesia and
east timor, thus, also resolving conflict by maintaining peace between both nations. Therefore, while the UN has
been successful in identifying issues that threaten world order in order to resolve and encourage cooperation, its
effectiveness in policy making is limited. Hence, the UN is limited in effectiveness through international law by
peacekeeping entitlements of disputes, that resolves conflict whilst facilitates dialogue to country between
countries engaged in conflict, thus also encourages cooperation, however in still remains to be overruled by veto
powers and state sovereignty unable to be enforceable dully to prevent conflict and encourage cooperation.

 The 1999 East Timorese crisis began with attacks of general violence throughout the country, centered
in the capital Dili. The violence erupted after a majority of eligible East Timorese voters chose
independence from Indonesia.
 A three-week campaign of violence killed 2,600 people, nearly 30,000 were displaced and as many as
250,000 were forcibly shipped over the border to Indonesian West Timor after the ballot, in what
amounted to a scorched earth policy.

 The UN Security Council initially established the UN Mission in East Timor (UNAMET), which
authorised the deployment of 280 civilian police to act as advisers to the Indonesian police however
this was ineffective as they lacked enforceability and power amongst the country. The February 2001
report, No Time for Complacency' said the “security situation had improved to a small extent but that
there were still problems with security, the justice system was weak, and corruption was still a concern
with violence nationally spread. Assistance was still needed from the UN, Australia and the
international community”
 A UNSC-authorized force (INTERFET) consisting mainly of Australian Defence Force personnel was
deployed to East Timor to establish and maintain peace.
 INTERFET and its 1500 troops restored 80% of the country to a state of peace and security within a
period of 30 days. Hence, demonstrating the UN / Global cooperation/ compliance in regional
situations effectiveness in attempting to resolve conflict by enforcing peace within the nation.
 The UN also encouraged cooperation and set out a referendum for the East Timor nation to declare
them as a state apart from Indonesia who was dominating the east timorese.
 This encouraged cooperation as it settled disputes with Indonesia and east timor, thus, also resolving
conflict by maintaining peace between both nations.
However, the nature of the UN’s reactive instead of proactive nature wherein, the nation faced thousands of
deaths as a result of the UN’s initial failed attempt to enforce peace. Nevertheless, the fact that alongside the
nations cooperation and positive use of state sovereignty, enabled for peace to be ensured within the nation state
maintaining peace and security.

You might also like