HSC Legal Studies: News Watch - World Order

Hot Topics Live! - some seats still available

Mon, 06 May 2013 12:30:18 +1000

Wednesday is International Red Cross Day, so it's very appropriate that this year's Hot Topics Live! event held on Wednesday 8th May is a panel discussion on international humanitarian law. There are still places left - if you thought you had missed out we have now extended the bookings up until 5 pm tomorrow!

For bookings, go to: http://hottopicslive2013.eventbrite.com.au

If you can't be there, we will let you now when the recordings are available from our website.

Responsibility to Protect and Syria

Mon, 06 May 2013 12:29:56 +1000

'In 2005 in the United Nations General Assembly hall, heads of government from Russia to South Africa, China to the United States solemnly swore they would never again be passive bystanders when faced with war crimes and crimes against humanity.'

Jan Engeland, Deputy Executive Director of Human Rights Watch.

Source: 'Time for Brics to stop sitting on the fence over Syria atrocities', 22 March 2013, Human Rights Watch.

According to the latest estimates, close to 70,000 have died in Syria, with more than 4 million Syrians needing humanitarian assistance, 2 million internally displaced and another 1.5 million refugees outside the country and this has happened since the start of the armed conflict in 2011 when the population of Syria was roughly 23 million. Does the UN doctrine of the 'responsibility to protect' apply to this conflict in Syria?

This question is worth considering. The following media reports discuss this question:

'Endless harvest of misery heralds new world disorder' by Timothy Garton Ash, SMH, 27 April 2013
'Be a neighbouring nation’s keeper, spill more blood' by Nicholas Stuart, Canberra Times, 27 April 2013

To read more about the conflict in Syria and the response of the international community, Human Rights Watch have written extensively:

Human Rights in Syria – you will find links to YouTube clips and media reports outlining and discussing the impact on the conflict on the Syrian people
World Report 2013 – Syria – Human Rights Watch

For more information, use the following Research Guides:

HSC Legal Studies: World Order has links to invaluable information on the nature of world order, the nature of conflict, international humanitarian law and responses to world order by the United Nations and other organisations. You will find links to magazine articles that will be helpful if you are studying this topic.
HSC Legal Studies – World Order – Responsibility to Protect – R2P – you will find definitions of R2P, links to magazine articles and two cases studies focusing on Libya and Syria.

Arms Trade Treaty passed by the UN

Mon, 15 Apr 2013 11:31:56 +1000

On 2 April 2013 the United Nations approved the first treaty on the global arms trade. There were 154 nations in favour, three against and 22 abstained from voting. The three countries voting 'no' were North Korea, Iran and Syria. The adoption of the treaty was welcomed by Secretary-General Ban Ki-moon who, in a statement issued after the Assembly’s action said:

It is a historic diplomatic achievement – the culmination of long-held dreams and many years of effort ... This is a victory for the world’s people.

See UN media release for more details.

Work towards achieving this treaty began in 2006; for more information see:

'Up in arms: why the UN’s weapons control treaty lacks bite' by Binoy Kampmark, The Conversation , 3 April 2013
'Australia hails UN arms trade treaty', AAP General News Wire, 3 April 2013 – you can access this article via ProQuest ANZ Newsstand if you have a State Library card.
'Parliament and the control of weapons' by Mike Gapes (2006) 87 (1) Parliamentarian 30-32 - you can access this article via Informit Online - Law if you have a State Library card. You will find other articles by typing in arms trade treaty.

For more information on world order and international law see our research guide HSC Legal Studies - World Order.

Violence against women

Tue, 29 Jan 2013 15:58:48 +1000

The statistics are chilling. 'At least one out of every three women around the world has been beaten, coerced into sex, or otherwise abused in her lifetime.' (Source: UN Women Australia fact sheet).

The types of violence against women include:

domestic and intimate partner violence,
sexual violence by non-partners,
harmful traditional practices such as:
- female genital mutilation/cutting
- dowry murder
- 'honour' killings
HIV/AIDs and violence
violence against women in war and armed conflict
trafficking

In recent weeks the media has highlighted some chilling stories of gang rapes of women in India and in the United States. See these media reports:

'Exposing America’s gang rape shame' by Nick O’Malley, SMH, 15 January 2013
'Six accused of second gang rape of Indian woman bus passenger' SMH, 14 January 2013
'Indian gang rapists charged', SMH, 22 January 2013 – this link will give you links to other media reports about the first gang rape, where the victim later died from her injuries.

The most recent issue of Human Rights Defender (2012) 21 (3) – a publication of the Australian Human Rights Centre focuses on violence against women. It includes the following articles:

'A decade in the life of the International Criminal Court: assessing its impact on crimes of sexual violence' by Amrita Kapur – page 13
'Keeping women safe at work: why domestic violence is a workplace issue' by Ludo McFerran and Inara Walden – page 15
'Behind closed doors: "outing" the private and public cost of violence against women' by Andrea Durbach – page 23

You will find the Human Rights Defender at the State Library of NSW or you can purchase online.

An excellent example of a non-legal mechanism for achieving justice for women worldwide is the global campaign inviting one billion women and those who love them to walk out, dance, rise up and demand an end to this violence. See 'If you truly love women, stand up and dance on February 14', SMH 16 January 2013. For details of the event in Sydney on 14 February, see One Billion Rising: Girlpower Sydney – supported by White Ribbon and Girlpower Sydney.

Australia wins a seat on the UN Security Council

Wed, 31 Oct 2012 14:38:34 +1000

Australia has been elected to serve as a non-permanent member of the United Nations Security Council. The term runs for two years, commencing on 1 January 2013.

The five permanent members of the Security Council are the United States, United Kingdom, Russia, China and France. There are ten non-permanent members, with five being elected every year to serve for two years.

The United Association of Australia website has information about Australia’s upcoming role in the UN, videos and useful resources.

Read the Media release from the Prime Minister, 19 October 2012

For more information about the UN Security Council see the United Nations website.

International humanitarian law

Wed, 08 Aug 2012 11:48:32 +1000

A new issue of Hot Topics is out now! International humanitarian law, Hot Topics No 80, 2012 by Dr Emily Crawford looks at the branch of international law that deals with armed conflict. IHL seeks to place limitations on the damaging effects of armed conflict especially on the vulnerable, and to impose restrictions on the means and methods of warfare that are permissable.

This publication covers:

the sources of the law of warfare
types of armed conflicts
the treatment of combatants and prisoners of war
protection of the sick, the wounded and the shipwrecked
treatment of civilians
the conduct of hostilities
the implementation and enforcement of international humanitarian law.

It includes cases studies as well as a list of useful websites and resources.

You will find this Hot Topics issue at your local public library or in your school library. If you would like to buy a copy of this issue fill in this order form.

New and online!

Mon, 23 Apr 2012 17:21:32 +1000

Welcome to term 2! Our new website is now live. Have a look at:

HSC Legal Studies in NSW - links to all our web-based resources for students and teachers.
Find Legal Answers - new and revised
Australian Legal System Online is now available online in full text. An overview of the elements of our system and how it developed, covering how law is made, what the law deals with and the roles of the legislature, judiciary and executive.
HSC Legal Studies: World Order - research guide giving you links to information about world order, responses to world order - including the United Nations, contemporary issues including piracy, human trafficking, terrorism and child soldiers. This guide will help you locate key international instruments, case studies, resources and media reports.
HSC Legal Studies: Shelter - research guide giving you links to information about shelter, securing shelter including home ownership, landlord and tenant - renting, residential parks, boarding houses, and social housing and contemporary issues such as homelessness, affordability and discrimination. This guide will help you locate key legislation, resources and media reports and cases.

We would love your feedback. Send us an email any time: liac@sl.nsw.gov.au - also let us know if there is a topic you would like to see included. We will have research guides on the remaining syllabus topic areas ready in the next few weeks. Consumers and Global Environmental Protection coming soon!

International Criminal Court - first verdict- child soldiers

Mon, 19 Mar 2012 18:34:29 +1000

The first verdict of the International Criminal Court concerns child soldiers. On on 14 March 2012, the Court determined that Thomas Lubanga Dyilo, as a co-perpetrator, was guilty of the war crimes of conscripting and enlisting children under the age of 15 and using them to participate actively in hostilities from 1 September 2002 to 13 August 2003. See the media report of the ICC for details of this decision.

For other reports of this decision, see:

'Justice in Congo: A victory for Congo's children', Human Rights Watch, 15 March 2012
'Congolese rebel leader found guilty of using child soldiers' by Jurgen Van De Pol, SMH, 15 March 2012

See our online guide on Human Rights for more information about child soldiers.

International Criminal Court turns 10

Tue, 14 Feb 2012 15:54:24 +1000

The ABC's Law Report focuses its attention on the International Criminal Court this week as the Court's tenth birthday approaches. Has it been an effective institution for bringing criminals to justice who have perpetrated mass atrocities against humanity? In the ten years since it opened, it has not completed one trial. Does this mean that it has been a complete failure? Listen to the podcast to find answers to these questions.

Read this opinion piece 'ICC deserves help in seeking justice for all' by Louise Chappell and Andrea Durbach, SMH, 14 February 2011.

The International Criminal Court website has useful information about its operation and details about the fourteen cases presently before the court concerning seven situations. These include:

Uganda
Demoncratic Republic of the Congo
Darfur, Sudan
Central African Republic
Republic of Kenya - see also ABC Law Report story Kenya and the International Criminal Court
Libya
Cote d'Ivoire

If you are interested in exploring the work of the International Criminal Court, the following magazine articles are available on AGIS Plus if you have a library card for the State Library:

An entire issue of Law in Context (2009) Volume 27 (1) has been devoted to the International Criminal Court
'International criminal law: Taking stock of a busy decade' by Mark Drumbl (2009) 10 (1) Melbourne Journal of International Law 38-45
'Justice Goldstone' by Geoff Ellwand (2009) 31 (3) Bulletin (SA) 22-23
'Trying tyrants for mass atrocity' by Gideon Boas (2009) 34 (2) Alternative Law Journal 107-110
'The review conference on the Rome Statute of the International Criminal Court', Kampala, Uganda by Roger Clark (2009) 16 Australian International Law Journal 9-27.

The State Library of NSW has a range of books in its collection about the International Criminal Court available to any student or teacher who is interested in reading more about this court and can visit our library.

Twitter and its uses

Tue, 07 Jun 2011 15:59:08 +1000

Is Twitter a useful social media tool? Can you say anything you want on Twitter? Should you think before you tweet? Can you be held accountable in a court for those hastily tweeted words? These are interesting questions to discuss as part of Individual and Technology. You might find the following media reports and seminars helpful:

Twitter and its role in Egypt during January 2011

The Egyptian people have managed, through a peaceful revolution, to topple a dictatorship that ruled the country for 30 years. One of the most interesting aspects of the revolution is that technology, particularly the internet, played a very important role. During the first few days of the revolution, Facebook and Twitter became the primary means for the Egyptian people to spread the word about what was happening in the country. Twitter and Facebook posts provided a real-time update of events taking place all over Egypt, while also providing pictures and videos for the world to see. This presentation will address and analyse the role of ICTs and social networks in the Egyptian revolution. Dr Mohamed Chawki spoke recently at a seminar called Egypt's Cyber Revolution hosted by UNSW’s Cyberspace Law and Policy Centre. You can download the Powerpoint presentation called 'Tweeting from Tahrir Square' – it contains excellent photographs and clearly outlines the events that took place in Egypt. The talk outlines the role of Twitter and Facebook had in communicating to the people in Egypt - letting them know what was happening and where; and then what happened when Facebook and Twitter were shutdown.

Twitter taken to court in California

Ahmed Khan, an English councillor, was accused of making defamatory statements about the South Tyneside Council on Twitter. The council went to a superior court in California (where Twitter is based), for an order requesting the hand over of the details of Khan's Twitter account. The Court requested that Twitter hand over these details to the Council. This decision could have implications for free speech on the web. Rather than going to a court in the UK, the Council made the decision to go to a Court in California.

In an earlier matter concerning Twitter posts, a Manchester United footballer, Ryan Giggs went to the High Court in London to prevent the reporting of an alleged affair between himself and a reality TV model.

The following media reports provide background information on both these cases:

'Twitter unmasks anonymous British user in landmark legal battle' by Nigel Green and Josh Halliday, 29 May 2011, The Guardian,
'Twitter forced to identify user who tweeted about council' by Nigel Green and Josh Halliday, 31 May 2011, SMH,
'South Tyneside Council gets Twitter data in blog case', 30 May 2011, BBC News
'Twitter’s European boss warns users may face court', 25 May 2011, BBC News

In another British case, a British judged banned Twitter users from identifying a brain-damaged woman. See 'UK Twitter users banned from identifying brain-damaged woman', 16 May 2011, SMH.

If you are interested in exploring the use of Twitter and related legal issues, there are articles available via AGIS Plus for those of you with a State Library reader's card. These include:

‘Out of bounds: Sex and the AFL’ by Anna Krien (2011) (April) Monthly 36-43,
‘Be alert, not alarmed – legal pitfalls in social media’ by Craig Powell (2010 62 (7) Keeping Good Companies 401,
‘Doing social media – some fundamental principles’ by Aaxel Bruns (2010) 62 (5) Keeping good Companies 309-311,
‘Have relationships like rock stars: a twitter expose’ by Meera Atkinson (2009) 68 (3) Meanjin 94-102 and
‘Are tweets copyright-protected?’ by Consuelo Reinberg (2009) No 6 WIPO Magazine 11-12.

Note, this is just a sample of what is available - you will find more by typing in 'twitter'.