Week 4 - Human Rights and International Law Flashcards
The Universal Decleration of Human Rights (1948)
Document adopted by the UN General Assembly. It outlines the fundamental human rights that are universally protected and serves as a common standard of human rights for all peoples and nations.
* It is not legally binding
Positive & Negative Rights
Positve Rights: Rights to Resources
Ex. Everyone has the right to a standard living adequate for the health and well-being for himself and of his family…
Negative Rights: Freedom from violations
Ex. No one shall be subjected to torture or cruel, inhuman, or degrading treatment or punishment
Ratification of Human Rights Agreements
- Signing
* Heads of state sign treaty, it is then returned to home country - Ratification
* Treaty is introduced in domestic-law making process
Passes = Treaty becomes law - Enforcement
* Grace period provided to bring domestic law into compliance.
Treaty assumes legal force
International Humanitarian Law (Laws of War)
Purpose: Mitigate Human Suffering In Armed Conflicts
* Legally Binding Laws
Basic Principles:
Distinction: Parties To a Conflict Must Distinguish between the civilian population and combatants, to spare the civilian population and property
Proportionality: A combatant or military objective may be attacked only after an assessment concluding that civilian losses are not expected to outweigh the military advantage foreseen
Precaution: Parties to an Armed Conflict Must take Precautions to spare civilians or civilian property when choosing targets, means, and methods of attack, and when deciding where to place their military cites
Later Additions:
* Prohibition of Incendiary Weapons (e.g. napalm, 1980)
* Anti-Personnel Mines (1997)
* Children In Armed Conflict (2000)
International Criminal Court
Located In Hague, Netherlands
Precursors:
1. Nuremberg Trials (Put Nazi’s on Trial After WW2)
2. International Criminal Tribunal for the Former Yugoslavia
3. International Criminal Tribunal for Rwanda
The Court adjudicates:
Genocide - Intent to destroy an ethnic group, or religios group by killing its members
Crimes against Humanity - Serious Violations (murder, rape, enslavement, torture)
War Crimes - Child Soldiers, Killing Civilians
Crimes of Aggression - Use of armed forces against another state without justification
Limitations/Critiques of International Criminal Court
- Weak Capacity of Human Rights Instruments - While it can issue indictments and arrest warrants, it has a limited power of enforcing them. Lack of Police Force, instead relies on member states to arrest and surrender accused individuals
- Charge of Western Interference and Imperialism - It has been accused of Western Bias and non-imperialism by developing regions such as Africa for example. ICC disproportinately targets leaders and situations in African Countries and fails to investigate and prosecute crimes commited by powerful Western nations or their allies.
- What About “Positive Rights”? - ICCs focus has been on prosecuting violations of negative rights (murder, torture, genocide), and lacks focus on “positive rights”, which are rights that require action to ensure, such as right to food, healthcare, education, social services.
What are the key types of human rights enshrined in the Universal Declaration of Human Rights (UDHR)?
- Civil and Political Rights
Ex. Right to Life, Freedom From Slavery & Torture, Freedom of Thought
- Economic, Social, and Cultural Rights
Ex. Right to Work, Right to to Adequate Standard of Living, Right to Education
What roles do NGOs play in helping to protect human rights? And, how did NGOs contribute to developing the human rights regime?
- Advocate for the protection and promotion of Human Rights
- Monitoring and Reporting Human Rights Abuses
- Education and raise awareness of Human Rights Issues
- Humanitarian Assistance for those affected by Human Rights Violations
How do institutions like the European Court of Human Rights (ECHR), the International Criminal Court (ICC), and the Human Rights Council help to promote and enforce human rights? What are the unique mandates, purposes and procedures of each? What criticisms have been made of each?
They each have a unique mandate, purpose, and set of procedures tailored to different aspects of human rights protection.
- European Court of Human Rights - Court hears petitions from individuals and states who are citizens within the Council of Europe. It ensures that human rights and fundamental freedoms are upheld in member states
Criticisms: Limited Enforcement Power, Political Tensions
- International Criminal Court - Prosecutes individuals for infringing upon individual’s Human Rights regarding the freedom from Genocide, War Crimes, Crimes Against Humanity, Crimes of Aggression. It is Treaty-Based.
Criticisms: Lack of adjucation against Positive Rights, Western Bias, Limited Enforcement Power
- Human Rights Council - The Human Rights Council of the United Nations General Assembly Promotes and Protects Human Rights Globally, although Non-Binding
Criticisms: Non-Binding, Ineffective in Crisis, Politicization
Do international human rights limit state sovereignty and, if so, how? What are some of the ways states have limited or undermined international efforts to protect human rights?
States can deny visas, restrict entry, or place heavy restrictions on international human rights observers, NGOs, and journalists. By doing this, they prevent outsiders from monitoring and reporting on human rights conditions, making it hard to gather evidence or raise international awareness about abuses.
Powerful states may use their influence, like vetoes in the UN Security Council, to block resolutions aimed at addressing human rights abuses (e.g., Russia and China blocking action on Syria).
Inalienable Rights
Human Rights That Cannot Be Removed
Ex. Right To Life, Freedom From Slavery and Torture
Tension
A state of strained or uneasy relations between countries or groups due to conflicting interests, ideologies, or unresolved disputes.
- Citizens can go to NGOs and try to mediate the situation
UDHR Vs. Treaties
Treaties are more binding
UN’s UDHR - Non-Binding
