SAJC_HIST_P1

ST. ANDREW'S JUNIOR COLLEGE JC 2 Preliminary Examinations HISTORY H1 and H2 8814 & 9731/1 Paper 1 International History, 1945-2000 Additional Materials: Writing Paper Cover Sheet TIME: 3 Hours INSTRUCTIONS TO CANDIDATES Section A Answer Question 1. Section B Answer any three questions. INFORMATION FOR CANDIDATES Begin each question on a separate piece of paper. At the end of the examination, fasten all your work securely together in order. DO NOT spend more than 45 minutes on any question. All questions on this paper carry equal marks of 25 marks each. You are reminded of the need for good English and clear presentation in your answers. This Question Paper consists of 4 printed pages including this one [ T u r n O v e r ]

Section A You must answer Question 1. THE UNITED NATIONS AND THE UPHO LDING OF INTERNATIONAL LAW 1. Read the sources, and then answer the question which follows. When answering Question 1 candidates are advised to pay particular attention to the interpretation and evaluation of the Sources both individually and as a group. Source A The system of international justice has made several singular advances. At the same time, the ad hoc international tribunals have not been as effective or as efficient as envisioned. The achievements of the courts in Kosovo and East Timor have been similarly mixed. International criminal tribunals, as global institutions, face their own unique institutional challenges. Bringing together judges, prosecutors, and ot her court personnel from different backgrounds and legal cu ltures creates obstacles to efficient trials. Reconciling the civil and common law traditions to estab lish and implement rules of procedure and evidence is time-consuming and costly. The Yugoslav and Rwandan tribunals are illustrative of some of these problems. After approximately seven years of work, the International Criminal Tribunal for Rwanda has completed only fifteen trials. This is due to a variety of factors including an overly ambitious prosecution strategy that pursued too many suspects; poor coordination between investigators and prosecutors; and failure to fill some long vacant posts. The slow pace of tr ials has resulted in unusually long pre-trial detentions that raise human rights concerns. www.globalpolicy.org Source B A still more fundamental problem concerns the lack of enforcement power available to the Court to secure compliance when it does ma ke judgements. The Se curity Council can ‘decide upon measures’ to be taken to give effect to ‘the judgements’ of the Court, but has never done so. This leads to a situation wher e many deride the usefulness of bringing disputes to the Court, doubting, with some reason, not only whether the other government involved will accept the jurisdiction in the fi rst place, but whether it will comply with any judgement obtained.