Individuals Flashcards
PCIJ, advisory opinion, Jurisdiction of the Courts Danzig
Individuals => do not claim rights and obligations under international law => it has to become a right under domestic law
Art 36 (1), Vienna Convention
Creates individuals rights under international law
ICJ judgment, LaGrand case
Violation of idividuals rights => go to international court
Avena and other Mexican Nationals
Interdependance States/ individuals rights
Universal Declaration of Human rights, GA
Encourages the development of rights/ treaties based on that
Convention relating to the status of refugees
Specific agreements for specific configurations
Al-dasni v UK case
Right not to be tortued
Rio-Negro Massacres V Guatemala
Right not to be submitted to slavery
Art 34, European Convention on Human Rights
Individuals => procedural rights to benefit from substantial rights (claim in front of a european court)
International covenants on civil and political rights and on economic, social and cultural rights
“the individual has duties to other individuals and to the community”
Art 17, European convention on human rights
Direct obligation not to do “act aimed at the destruction of any of the rights and freedoms”
Art 1, Statute of the Nuremberg Tribunal
No particular geographical location
Art 27, Rome statue
Irrelevance of official capacity
808 resolution, SC
Created the International criminal tribunal for ex-yugoslavia
Art 6, Statute of the International Criminal Tribunal for ex-yugoslavia
Jurisdiction over individuals, not states
Art 15, universal declaration of Human Rights
“Everyone has a right to a nationality. No one shall be arbitrarily deprived of his nationality not denied the right to change his nationality”
Art 8, Convention on the reduction of statelessness
“shall not deprive a person of its nationality if such deprivation would render him stateless”
ICJ judgment, Nottobohm case
State = exclusive competence to attribute nationality
Art 12, ICCPR
- Minimum standard of treatment
- Can’t be deprived from its right to live in a territory or to come back in its own territory
Geneva Convention
Specific protection for refugges
