international human rights law

Top PDF international human rights law:

Aggression and International Human Rights Law

Aggression and International Human Rights Law

There is no good reason why human rights principles do not extend to the combatants themselves. There is some recognition of this in the protection of former combatants, those who are hors de combat, by international humanitarian law. But to the extent that the right to life of the non-combatant is entitled to protection, at the very least as a controlling factor in assessing the proportionality of ‘permissible’ collateral damage, a similar approach should also be taken to those combatants who are still active on the battlefield. The ICRC addressed this issue in principle IX of its Interpretive Guidance on the Notion of Direct Participation in Hostilities, adopted in 2009. This is sometimes described as the ‘kill or capture’ debate. The Committee said that although combatants were not required to take additional risks for themselves or the civilian population in order to take an armed adversary alive, ‘it would defy basic notions of humanity to kill an adversary or to refrain from giving him or her an opportunity to surrender where there manifestly is no necessity for the use of lethal force’. 35 In effect, then, even in the most extreme circumstances of armed conflicts, the right to life of the combatant is entitled to some protection. The Committee expressly recognised the role of other bodies of law, and in particular international human rights law, in the regulation of the use of force in armed conflict.
Show more

22 Read more

The Right to Rehabilitation with Regards to the International Human Rights Law Sevinc I

The Right to Rehabilitation with Regards to the International Human Rights Law Sevinc I

Rehabilitation is a preferable form of reparation mechanisms when there is a violation resulting from acts of torture, cruel, inhuman or degrading treatment. The reason is that rehabilitation, as in individual measure, might play an essential role in order to reduce and diminish the consequences of such violations as much as possible. Despite its importance, international law has maintained silence on rehabilitation as an element of reparation for too long and this gap has been filled, on normative ground, by international human rights law conventions and by the jurisprudence of international human rights law mechanisms of the United Nations and Inter-American Court of Human Rights Law.
Show more

5 Read more

Protecting the Invisible: An Intersectional Approach to International Human Rights Law

Protecting the Invisible: An Intersectional Approach to International Human Rights Law

How can international human rights law tackle the disadvantages faced by groups who share a number of characteristics associated with distinct groups of marginalised people ? This is an important question, since many people belong to these groups and since their complex and multivariate characteristics may create unique forms of disadvantage. The answer lies in achieving a balance between universalism and particularism. On the one hand, categorisation is practically unavoidable and even necessary for a systematic protection of human rights. On the other hand, a focus on monolithic identities negates the heterogeneity that is the lived experience of many people. This, in turn, creates its own kind of disadvantage, rendering invisible persons who claim more than one identity. Acknowledging the permeability of various identities makes easier the discernment of how these identities interconnect. This article claimed that an intersectional approach to international human rights law could be used to achieve this. Through a case study of disabled people, it showed how an intersectional perspective could afford stronger human rights protection to those people who fall under the remit of several group-specific human rights treaties. While acknowledging that this approach has its limitations and that it may not resolve all instances of intersectionality, it allows international human rights law to reach its full potential for the benefit of these people as a matter of human rights practice. Conversely, intersectionality has been criticised for being more an observation tool than a practical device. An intersectional approach to international human rights law will demonstrate how the concept can be put into practice and help define strategies that take greater account of intra-group differences.
Show more

29 Read more

U.S. drone strikes and international law: Jus ad bellum, International Human Rights Law and International Humanitarian Law issues.

U.S. drone strikes and international law: Jus ad bellum, International Human Rights Law and International Humanitarian Law issues.

the United States’ own territory. It has been discussed that both arguments do not withstand scrutiny. There is settled jurisprudence of the ICJ in Nuclear Weapons, The Wall, and Armed Activities, that the prohibition against arbitrary deprivation of life contained within Article 6 of the ICCPR and forming part of customary international law continues to apply during a situation of armed conflict, alongside the lex specialis of international humanitarian law, and that the test of whether a deprivation of life is arbitrary must be determined by reference to the applicable rules of international humanitarian law. 7 Further, it is now almost universally accepted that a state’s obligations under international human rights law apply extraterritorially, and thus the US finds scant support for its assertion to the contrary, sitting as it does at odds with state practice and opinio juris. Outside situations of armed conflict, the use of lethal force is lawful under international human rights law only in those circumstances where it is strictly necessary and proportionate, if it is aimed at preventing an immediate threat to life, and if there is no other means of preventing the threat from materialising. As UN Special Rapporteur Ben Emmerson QC rightly submits, only in the most exceptional of circumstances would it be permissible under international human rights law for killing to be the sole or primary purpose of an operation. 8 As the principal purpose of a drone strike is the employment of lethal force to kill a targeted individual(s), it follows that drone strikes will rarely comply with established
Show more

191 Read more

Participation in International Human Rights Law: A Comparison of Theory and Practice

Participation in International Human Rights Law: A Comparison of Theory and Practice

Finally, although a range of organisations and consequent experiences of participation were explored, this data is emphatically not intended to be representative of a general NGO perspective on participation. Rather, it is designed to explore and illuminate the ways in which NGOs participate themselves and enable others to participate, and their rationales for doing so. The epistemological perspective of this project does not view social knowledge as objective and absolute, but rather as situated and partial. In this way it rejects the assertion that social research both should and can provide objective truths or facts about the world. As Hammersley and Atkinson contend “the aim is not to gather ‘pure’ data that are free from potential bias. There is no such thing”.43 The fundamental concern of this research project is to explore how the meaning(s) of participation in international human rights law are understood. This will of necessity entail the collection of contextual data. The project is not concerned with uncovering the ‘true’ meaning and function of participation in international human rights law, but rather what different meanings exist, how and why these have been constructed and what impact they have on individuals’ and groups’ experiences of international human rights law, as “separating the truth or falsity of people’s beliefs from the analysis of those beliefs as social phenomena allows us to treat participants’ knowledge as both resource and topic”.44
Show more

411 Read more

Homosexual Rights and the Non-Western World: A Postcolonial Reading of Homosexual Rights in International Human Rights Law

Homosexual Rights and the Non-Western World: A Postcolonial Reading of Homosexual Rights in International Human Rights Law

Westernising role of international human rights law, especially with regard to its protection and recognition of homosexual rights, which has given rise to so much [r]

27 Read more

Towards a land right recognition by International Human Rights Law

Towards a land right recognition by International Human Rights Law

A BSTRACT : Starting from the previous implemented processes to recognize the human right to water, and the observation that human rights are indivisible, interdependent and interrelated, we argue that it is time to establish a human right to land under international law. Indeed, two strong arguments constitute a convincing pillar: the first is the importance of land for the realization of a number of internationally recognized human rights, and the second is the alarming situation of serious violations of human rights resulting from the expansion, in the recent years, of international investment in farmlands. Such basis is supported by providing a number of widely accepted international instruments and both regionally and nationally advanced jurisprudence. However, efforts to interpret and apply international standards remain a permanent challenge, and their effectiveness has not been definitively established, given the fragmented nature of international human rights law.
Show more

7 Read more

Appraising the Frontiers and Limits of the Inter American Human Rights System and Its Relevance to International Human Rights Law

Appraising the Frontiers and Limits of the Inter American Human Rights System and Its Relevance to International Human Rights Law

Human rights have been defined in a number of terms. They are those claims made by man for themselves or on behalf of other men, supported by some theory, which concentrates on the humanity of man, on man as a human being and a member of humankind (Dowrick, 1979). Human rights are also those rights which appertain to individuals as human beings and which they expect the society they live or reside in should respect irrespective of their color, race, reli- gion, sex or other distinctions (Umozurike, 2004). Human rights instruments refer to international or regional treaties and conventions for human rights as well as domestic human rights legislation. The world is by geographical conven- ience grouped into regions and sub-regions as the case may be. Taking a clue from the United Nations after the adoption of the Universal Declaration of Hu- man Rights in 1948, most regions of the world made bold efforts to crystallize human rights within their regions for a greater and progressive impact of its widely acknowledged gains. This was so when the United Nations appeared to have gone into slumber over practical steps in the enforcement of international human rights after its conclusion of the Universal Declaration of Human Rights which spirit and letters were merely hortatory and inspirational at the time of its adoption. The world therefore yearned for more stringent and binding interna- tional law of human rights. The European system, inter-American system, and the African system of human rights are among major regional human rights systems with definite human rights frameworks that have contributed in large measures to the present body of international human rights law and practice. Hence, this paper is an evaluation of the inter-American system of human rights with a view to determining its strengths and weaknesses as well as its overall in- put to global human rights.
Show more

18 Read more

LL.M. Program in International Human Rights Law

LL.M. Program in International Human Rights Law

“I decided to go to the best school in international human rights law to get myself equipped with the best tools. My classmates’ experiences and their unique backgrounds related to their respective countries enriched my understanding of international human rights law and the application of foundational rights. I will think deeply beyond positive law by questioning the foundations of human rights while appreciating the values of human rights.”

7 Read more

HOW FAR DOES THE UAE COMPLY WITH INTERNATIONAL HUMAN RIGHTS LAW ON HUMAN TRAFFICKING?

HOW FAR DOES THE UAE COMPLY WITH INTERNATIONAL HUMAN RIGHTS LAW ON HUMAN TRAFFICKING?

Licensed under Creative Common Page 671 It is true that international human rights law and its implementation mechanisms require modifications and amendments to succeed in providing comprehensive assistance to the most vulnerable in the world. However, the UAE‟s continued failure to comply with legislation that will benefit a large portion of its inhabitants serves to legitimise the abuse of them. Furthermore, it could bring some serious and unintended consequences to the region. Given the high estimates of people trafficked in the world and the sheer number of migrant workers in the UAE, it would be unwise to assume that this criminal activity is not occurring without the knowledge and/or assistance of government officials or people working in the legal sphere who have connections with domestic and/or international organised criminal networks. 239 Consequently, the macro consequences of this illegal activity is strengthening the hand of organised crime. The enormous profits reaped from human trafficking can, and are, used to fuel other illegal activities such as drug trafficking, money laundering, arms dealing and forgery. Organised crime has been known to weaken governments, undermine the rule of law and affect the social fabric and ordering of countries. This is a sobering thought as it could potentially put the whole of UAE society - and not just its migrant workers - at risk.
Show more

29 Read more

Rethinking the Persistent Objector Doctrine in International Human Rights Law

Rethinking the Persistent Objector Doctrine in International Human Rights Law

This Comment argues for a new interpretation of consent in human rights law, which it shall call the principle of original consent. The principle is as follows: As di[r]

17 Read more

Anti totalitarian memory: explaining the presence of ‘Rights Abuse’ clauses in International Human Rights Law

Anti totalitarian memory: explaining the presence of ‘Rights Abuse’ clauses in International Human Rights Law

Rights abuse clauses are distinctly European historical memories. In the first section of this paper, which discusses the history of the law, it is argued that they interwoven with shared hopes and fears about the future of western society. Their presence in ‘living instruments’ makes rights abuse clauses not just mere historical artefacts but components of working legal regimes with the expressed purpose of protecting human rights. As the second section of this paper notes, whilst rights abuses clauses go some way to addressing the concern famously expressed by Hannah Arendt about the need to protect the ‘right to have rights’ in practice rights abuse clauses are unnecessary to address the actions of racist groups wishing to violate the rights of others. As the final section of this paper argues, the historical reference within rights abuse clauses actually allows international human rights tribunals to make rulings about the restrictions on rights by national authorities, in particular the right to free speech, that are deeply illiberal and seemingly antithetical to the liberal foundations of human rights instruments. Significantly the presence of these provisions, and their subsequent interpretation by tribunals, gives an insight into a distinct counter-history of the human rights instruments that possess them. Rather than being a collection of inherently liberal values with a distinctly liberal telos, an international human rights instrument with a rights abuse clause is
Show more

30 Read more

A Brief Guide to International Human Rights Law for Canadian Advocates

A Brief Guide to International Human Rights Law for Canadian Advocates

A Brief Guide to International BY SUSAN BAZlLLl Cet article a it6 h i t en vue de servir de p i d e de prhentation aux dPfenseurs &S droits humains internationaux a j n de leur permettre k d h l o p p[.]

8 Read more

Customary International Human Rights Law in Domestic Court Decisions

Customary International Human Rights Law in Domestic Court Decisions

Lower courts which try to import or imaginatively develop the norms of general or customary international law of human rights as rules of decision in cases before t[r]

30 Read more

What amounts to a serious violation of international human rights law?

What amounts to a serious violation of international human rights law?

This Academy Briefing was researched and written by Takhmina Karimova, Research Fellow at the Geneva Academy of International Humanitarian Law and Human Rights (Geneva Academy). The Geneva Academy would like to thank all those who commented on an earlier draft of the Briefing, in particular Brian Wood, Avner Gidron, and Clare da Silva of Amnesty International, and Prof. Gro Nystuen of the International Law and Policy Institute (ILPI), Oslo. The Geneva Academy would also like to thank all those who agreed to be interviewed or to provide input into the analysis, including Prof. Georges Abi-Saab, Honorary Professor of International Law, Graduate Institute of International and Development Studies, Geneva; Prof. Eibe Riedel, Professor of Comparative Public Law, International and European Law, University of Mannheim; Prof. William Schabas, Professor of International Law, Middlesex University; Prof. Sir Nigel Rodley, University of Essex, Member of the UN Human Rights Committee; Prof. Cherif Bassiouni, Emeritus Distinguished Research Professor of Law, DePaul University; Dr. Mamadou Hebie, Lecturer, The Geneva LL.M. in International Dispute Settlement (MIDS); Dr. Gilles Giacca, Programme Coordinator, Oxford Martin School Programme on Human Rights for Future Generations; Oscar Vera Parra, Senior Lawyer, Inter-American Court of Human Rights; Nathalie Weizmann, Legal Adviser, International Committee of the Red Cross; Maya Brehm, Independent Expert; and Dr. Krizstina Huszti Orban, Lawyer, European Court of Human Rights. The Geneva Academy would also like to thank the Norwegian Royal Ministry of Foreign Affairs for its support to the Academy’s ongoing research on the Arms Trade Treaty, in particular in relation to this Briefing. Editing, design, and layout by Plain Sense, Geneva.
Show more

43 Read more

The state's right to stay in islam law study in the light of international  human rights law

The state's right to stay in islam law study in the light of international human rights law

Muslim scholars did not use the term (people), nor was it mentioned in the Holly Qur'an except once, when God Al- Mighty says: (Oh people, we created you from a male and female and made you peoples and tribes to know each other, the most fearful is the most generous, God has been Knowledgeable and expert) ( 46 ) . However, Muslim scholars differ in defining the term (peoples); some of them said that it is more general than tribes, which means that it includes the tribes ( 47 ) , while others State that the term (peoples) means Adam's sons ( 48 ) . It is said (peoples) meaning Arab tribes and their affiliates ( 49 ) . In the Islamic State, people consist of Muslims and non-Muslims who live in the Islamic State as they are called ((free non-Muslims)) who are enjoy the right of citizenship ( 50 ) . Scholars used the term (Muslims) instead of people. Here, they mean any Muslim person regardless of the place where he stays, even if he does not perform the religious rituals. In addition, they gave the term (a free non-Muslim) on any non-Muslim persons who stays on the Islamic lands. They used Dar Al-Islam when the Muslims rule it, even if Muslims were a minority. Moreover, they used the term (Dar Al-Harb) when the State is ruled by Non-Muslims, even if Muslims were a majority ( 51 ) . However, Dar Al-Harb is divided into two types: Dar Al-Ahd: which is called Dar Al-Muwada'a, Dar Al- Sulh and Dar Al-Mu'hada, which means that the Imama makes an oath with the people of Dar Al-Harb (for reconciliation) where he abandons fighting for a period in return for compensation or without compensation and thus it is called Dar Al-Ahd ( 52 ) . In this context, Islam did not link between man, life and the State's right to stay; Islam made human rights close to the rights of the State. The utmost objective for the Islamic State is to apply religion, righteous and justice to serve human ( 53 ) . This means that eliminating man means the elimination of the State. God Al-Mighty addressed all people by saying: The swore for God if they receive a prophet to warn them to be believers than some nations ( 54 ) . Accordingly, Qur'an addressed the Arabs and through their call for Islam, God guided most of the peoples (Persians). They became leaders of the nations, and the Romans' State, Persia, and the eastern kingdoms ( 55 ) . Consequently, in Islam, the relationship between man and the State has been embodied as shown in (the modern political Islam) which States: (the Islamic State is a natural production of the group and its self characteristics. The group included the State and rises with it to achieve the
Show more

10 Read more

(Transnational) Corporations and Human Rights: an exploration into the accomodation of capital in international human rights law.

(Transnational) Corporations and Human Rights: an exploration into the accomodation of capital in international human rights law.

The3recognition3of3some3ESC3rights3(see3also3Chapter32)3mitigated3challenges3and3 pressures3 for3 change,3 and3 civil3 unrest3 due3 to3 growing3 inequalities3 and3 socioH economic3polarisations3in3the31970s.3ESC3rights3identify3the3additional3role3of3the3 state3to3promote3and3safeguard3human3rights3not3only3from3the3government3but3 also3from3further3potential3violations3and3other3nonHstate3violators.3However,3it3 must3 be3 emphasised3 that3 ESC3 rights3 are3 only3 a3 part3 of3 the3 doctrine3 of3 positive3 obligations3and3in3fact3most3cases3involving3the3doctrine3of3positive3obligations3do3 not3involve3ESC3rights.3With3increased3visibility3and3knowledge3of3the3toxic3effects3 of3 industrial3 and3 commercial3 activities3 (e.g.3 logging,3 pharmaceuticals,3 oil,3 etc.),3 particularly3 but3 not3 exclusively3 on3 the3 most3 vulnerable3 populations,3 ESC3 rights3 have3 gained3 momentum3 (e.g.3 right3 to3 a3 healthy3 and3 safe3 environment,3 right3 to3 health,3right3to3ancestral3lands)3(see3Pearce3and3Tombs,31998;3Green,3Ward3and3 McConnachie,3 2007;3 Miranda,3 2006,3 2007;3 Tombs3 and3 Whyte,3 2007).3 Although3 ESC3 rights3 have3 now3 generally3 been3 added3 to3 the3 rhetoric3 of3 human3 rights,3 in3 practice3the3supervision3of3these3rights3has3been3lacking.3The3rhetorical3status3of3 ESC3rights3becomes3clear3when3examined3in3each3human3rights3system.3The3CoE3 and3 the3 OAS3 (see3 Chapter3 4)3 have3 had3 different3 approaches3 to3 ESC3 rights,3 although3 it3 is3 has3 been3 argued3 here3 that3 the3 outcomes3 are3 virtually3 indistinguishable3when3considering3their3practical3implementations.3
Show more

413 Read more

Should International Human Rights Law Trump US Domestic Law?

Should International Human Rights Law Trump US Domestic Law?

The human rights community has fiercely criticized the United States' failure to make international human rights treaties a source of law in the domestic realm.' In this e[r]

15 Read more

Exploring the Limits of International Human Rights Law

Exploring the Limits of International Human Rights Law

As I discuss below, advocacy groups have recognized that importation of the language of international human rights into domestic legal systems-through direct litigation, domestic [r]

30 Read more

International Law, Human Rights Beneficiaries, and South Africa: Some Thoughts on the Utility of International Human Rights Law

International Law, Human Rights Beneficiaries, and South Africa: Some Thoughts on the Utility of International Human Rights Law

While international criminal accountability for private organizations is not provided for in the Hague tribunals," civil liability and other forms of accountability for[r]

23 Read more

Show all 10000 documents...