İNSAN HAKLARI - Deneme Sınavı - 11

Donnelly speaks of different senses of the term “universal” in human rights; besides anthropological and ontological universality, he mentions from functional, international legal and overlapping consensus universality. The sense of universality that he considers philosophically and politically indefensible is the anthropological and ontological universality. He emphasizes that universal human rights, if they are understood in the first sense as functional, international legal and overlapping consensus universality, will leave considerable space for cultural particularity and other forms of diversity and relativity. Conceptual universality, however, establishes only that if there are any such rights, they are held equally/universally by all. It does not show that there are any such rights. The correct answer is A.

Donnelly speaks of different senses of the term “universal” in human rights; besides anthropological and ontological universality, he mentions from functional, international legal and overlapping consensus universality. The sense of universality that he considers philosophically and politically indefensible is the anthropological and ontological universality. Therefore, it can be concluded that he considers conceptual and international universality defensible. The correct answer is D.

It is from Universal Declaration of Human Rights

It is about kuçuradi

It should be rights

It is about katleb

It should be donnely

It should be donnely

Humanitarian intervention and humanitarian aid are not the same concepts and cannot be used interchangeably. The latter as an action is peaceful in character, and it is not in conflict with the notion of state sovereignty as its deployment is based on the consent of the host state. On the other hand, humanitarian intervention is a forceful measure that can be undertaken with or (most commonly) without the consent of the host state (Griffiths and O’Callaghan, 2002, 145-147). It is also important to note that humanitarian intervention is not a synonym for peacemaking or peacekeeping, which are conducts involving measures short of use of force and essentially carried out by UN-authorised missions (or missions of regional organisations). The correct answer is C.

“Sovereignty as responsibility” understanding was first introduced in the 1990s by Francis Deng and his colleagues. Based on this, the ICISS (2001a, p. 13) argues that “sovereignty as responsibility” also implies that national authorities have the responsibility to protect their populations and that they are accountable for their acts of commission and omission". The correct answer is E.

In its report, the ICISS introduced the concept of the Responsibility to Protect, which is commonly abbreviated as “R2P” (and also as “RtoP” in the literature). The main aim of the Commission was to shift the terms of the debate from the existence of a “right to intervene” towards establishing a “responsibility to protect”. The correct answer is B.

The intervening states based their unilateral uses of military force on the inherent right of self-defence as established under Chapter VII of the UN Charter, specifically Article 51. Their main argument was that the internal situation in their neighbouring countries constituted a threat to their security and territorial integrity: 

Article 51 of the UN Charter “Nothing in the present Charter shall impair the inherent right of individual or collective self-defence if an armed attack occurs against a Member of the United Nations, until the Security Council has taken measures necessary to maintain international peace and security. Measures taken by Members in the exercise of this right of self-defence shall be immediately reported to the Security Council and shall not in any way affect the authority and responsibility of the Security Council under the present Charter to take at any time such action as it deems necessary in order to maintain or restore international peace and security” (UN, 1945).

The correct answer is D.

Human security: According to the Commission on Human Security (2003, 4), the term refers to “protecting fundamental freedoms— freedoms that are the essence of life[;] … protecting people from critical (severe) and pervasive (widespread) threats and situations[;] …using processes that build on people’s strengths and aspirations[;] … creating political, social, environmental, economic, military and cultural systems that together give people the building blocks of survival, livelihood and dignity”. The correct answer is B.

The three-pillar strategy took up on the two responsibilities—prevention and reaction—that were reflected in Paragraphs 138 and 139 of the World Summit Outcome Document. Accordingly, in line with Paragraph 138, the first pillar focuses on “state responsibility”, while the second is concerned about “international assistance and capacity-building”. On the other hand, the third pillar aims for a “timely and decisive response” as enshrined under Paragraph 139.

In 2000, to take up on the challenge raised at the UN General Assembly by the Secretary-General Kofi Annan, the ICISS was established as an independent commission, and it produced the Report on the Responsibility to Protect in order to shift the terms of the debate on the right to intervene towards the assumption of a responsibility to protect.

R2P was introduced into the agenda of the General Assembly in 2004 by then Secretary-General Kofi Annan. On the way to its adoption with the 2005 World Summit Outcome Document, the limits and contents of R2P were redefined and some restrictions were imposed. Accordingly, different from the ICISS’s report, as defined under Paragraphs 138 and 139, R2P can only be invoked in cases of genocide, war crimes, ethnic cleansing and crimes against humanity.

Genocide is defined under Article II of the Genocide Convention as follows: “In the present Convention, genocide means any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such: a. Killing members of the group;  b. Causing serious bodily or mental harm to members of the group; c. Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part;  d. Imposing measures intended to prevent births within the group; e. Forcibly transferring children of the group to another group” (UN, 1948).

Humanitarian intervention and humanitarian aid are not the same concepts and cannot be used interchangeably. The latter as an action is peaceful in character, and it is not in conflict with the notion of state sovereignty as its deployment is based on the consent of the host state. On the other hand, humanitarian intervention is a forceful measure that can be undertaken with or (most commonly) without the consent of the host state (Griffiths and O’Callaghan, 2002, 145-147). It is also important to note that humanitarian intervention is not a synonym for peacemaking or peacekeeping, which are conducts involving measures short of use of force and essentially carried out by UN-authorised missions (or missions of regional organisations). The correct answer is B.

The idea of human rights did not appear until 1789. After the French Revolution, the idea of human rights first emerged in the Declaration of the Rights of Man and of the Citizen in 1789.

Early Greeks consider justice and injustice as if they are universal laws.