International Law and Humanitarian Issues Assignment. Retrieved from https://studentshare.org/law/1455404-week
International Law and Humanitarian Issues Assignment. https://studentshare.org/law/1455404-week.
According to these provisions, N had the right to humane treatment from her host country the United Kingdom. The EU court affirmed the expulsion of N from the UK based on the article 3 of the EU convention on human rights. The judges argued that N had the capability of accessing treatment in her mother country of Uganda (Martin, 2006). Moreover, the court argued that the applicant had the care and support of her family. However, on her side and arguments of many human rights bodies, it was assumed that the country offered HIV/AIDS treatment.
They court did not ascertain if it was sufficient in N’s case. Moreover, article 8 of the act was raised claiming that N could not be extradited to Uganda since it this provision allowed respect of her rights (Doyle, 2004). For instance, the ruling disregarded her right to humane treatment and that a person would not be extradited to another country based on health or moral grounds. Question 2 In case the UN General Assembly were given more humanitarian authority to intervene in sovereign nations.
The UN general assembly would be in a dilemma in assisting in humanitarian issues and would most likely do less. This is because; currently the United Nations has failed to address many humanitarian issues and interventions in different parts of the world. . For instance, the 1994 genocide in Rwanda and the massacre in Srebrenica are some of the conflicts that the UN failed to prevent (Martin, 2006). The UN has wide and sweeping authority to intervene in humanitarian situations across the globe.
The main stumbling block to humanitarian interventions includes the issue of sovereignty. Unless, a country seeks for intervention then the UN cannot intervene in some situations. For instance, the 2008 Myanmar Cyclone was a great catastrophe that required humanitarian intervention but the UN did not intervene (Dunoff, 2010). Some legal framework and reforms have been initiated within the ranks of the UN to solve the issue of sovereignty. For instance, Canada in the year 2000, established the International Commission on Intervention and State Sovereignty (ICISS).
However, several processes made towards interference on humanitarian work have been thwarted by the UN Security Council. This body has heavy political interests in different regions of the world and therefore, if greater authority would be vested on the UN it could lead to fewer interventions (Weissbrodt, 2007). Question 3 Occupying another nation or country is illegal and it amounts to an act of war against that nation. The sovereignty of a nation is recognized by international laws such as the Geneva Convention.
The United Nations and other international bodies do not in many cases advocate for occupation of another country. Occupation of other countries is old fashioned since it overrides the sovereignty of a nation. It would not be prudent for occupiers of another country to change the legal or political systems of the occupied nation (Martin, 2006). Occupiers should not be permitted to transform the nations they occupy since these nations have
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