Global Protection of HR Flashcards
What does globalization of rights mean?
The rights become formally global, states are obliged to comply and there is the responsibility of a state in case of non-implementation of international obligations. Therefore some scholars consider it as universal jurisdiction.
What does universal jurisdiction mean?
The definition varies. But it can mean that also domestic courts might have the power to prosecute individuals for serious crimes against IL. But we also have international courts’ authority to prosecute individuals for international crimes committed in certain territories. Individuals can be prosecuted anywhere in the world, regardless of their nationality or the state in which the violation occured.
How are international HR monitored?
The UN system provides a system of monitoring in compliance with HR, for most of their major treaties. The system is mainly based of reports, from states to the UN competent body (The HR Council, 2006) or treaty monitoring body. States submit periodic reports –> UN body give recommendations. The Council can also receive specific complaints addressing violations of HR. Committees can also receive information from other sources than the countries themselves. Some committees can perform additional monitoring functions: investigation procedure, examine inter-state communications and individual communications. Publish their interpretations in general comments.
What criminal justice mechanisms are there on a global level?
The International Criminal Court can prosecute individuals for violating international criminal law, in states that have ratified the Rome Statute. The need for ICC became clear after Rwanda and Yugoslavia. Individuals cannot bring complaints to the court, only states can.
