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Crimes Against Humanities notes

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May 31, 2025
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2022/2023
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Lecture 5 humanitarian law - crimes against humanity

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HUMANITARIAN AND SECURITY LAW
LECTURE NOTES: EU ASPECTS


5. EU DIMENSIONS

Outline

1. The long and winding road to a European defence
2. Framing the minds: from the European Security Strategy over the Global Strategy to
the Strategic Compass
3. EU’s Common Security and Defence Policy (CSDP_
a. Treaty Provisions
b. Actors
c. Missions
d. Permanent Structured Cooperation
4. EU Guidelines on IHL/HRL: Words and Diplomacy
5. EU Actions in International organisations


► We are currently living in an unprecedented time of Peace in Europe (and
Globally).


5.1. THE LONG AND WINDING ROAD TO A EUROPEAN DEFENCE

► 1947: Dunkirk Treaty UK-France later on expanded to BENELUX
► 1948: Brussels Treaty: UK, FR, Benelux, mutual assistance (Art. 4) => Western
European Union (Modified Brussels Treaty 1954)
► 1949: Washington Treaty, NATO (Art. V mutual defence)
► 1950: European Defence Community (intergovernmental efforts along the European
Coal and Steel Community) => Failure in 1954 (did not pass the French Parliament)
o In the face of soviet threat, euroepan countries had to put their forces together
(defence and military wise)
o France rejects it  then it falls apart
o “defence” became a taboo for almost 40 years within European integration  it
was left to NATO and WEU.
o West Germany is exceeding to NATO
► 1992: Maastricht Treaty: WEU as ‘Implementer’ => ‘Petersberg Tasks’
o European integreation process comes back to the area of defence
o Treaty on EU
o CFSP very different from the Community level of working (Community level is
supranational;)
1

, HUMANITARIAN AND SECURITY LAW
LECTURE NOTES: EU ASPECTS
o CFSP is intragovernamental: decides the Council of Ministers on the basis of
unanimous consent of MS; European Council and the council of Ministers  very
slow and inept
o Original CFSP chapter was very different from the current one
o CFSP changes every treaty; an experiment
o A change of the narrative from the failed Defence Community
o EU created as an umbrella of the 3 European Communities => along them there
was a CFSP.
 Problem was that the EU did not have the capabilities to do much under
the CFSP  the WEU was seen as the implementer of certain EU decisions
(revival of the WEU).
 Petersberg tasks (defined in a meeting of the WEU in Germany) – relate to
certain crisis-management operations.-->peace keeping, peace
enfrocemmnt etc
► 1997: Amsterdam Treaty: incorporation of the Petersberg Tasks in the EU Treaty.
► 1998: St. Mallo Summit UK – France
o “the Union must have the capacity for autonomous action, backed up by credible
military forces, the means to decide to use them, and a readiness to do so, in
order to respond to international crises.”
o Triggered new dynamics in EU defence (also partially triggered by the crises in
the Balkans – e.g. Kosovo)
► June 1999: Cologne European Council
► December 1999: Helsinki Headline Goals (Helsinki European Council)
o => formulation of more ambitious goals for autonomous defence.
► 2002: transfer of WEU agencies to EU: EU ISS (Institute for Security Studies), Satellite
Centre (within the context of the Nice Treaty).
o March 2003: Berlin Plus Agreement EU-NATO
 Not really implemented.
o 2004: Creation of European Defence Agency (EDA)
 Actual legal basis for it – in the Lisbon Treaty.
o December 2009: Lisbon Treaty enters into force.
 => Much more ambitious CFSP
 Emerging separation of defence matters in a CSDP.
o The inefficiencies of “non-Europe” in defence matters – idea we are
wasting an enormous amount of money by not cooperating.




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