human rights and criminal justice mian ali haider l.l.b., l.l.m (cum laude) u.k. "there can be...

HUMAN RIGHTS AND HUMAN RIGHTS AND CRIMINAL JUSTICECRIMINAL JUSTICE

Mian Ali HaiderMian Ali HaiderL.L.B., L.L.M (L.L.B., L.L.M (Cum LaudeCum Laude) U.K.) U.K.

"There can be no peace without justice, no justice without law and no meaningful law without a Court to decide what is just and lawful under any given circumstance."

-- Benjamin Ferencz

Where Do Human Rights Begin?Where Do Human Rights Begin?

““In small places, close to home, so close and so small In small places, close to home, so close and so small that they cannot be seen on any maps of the world. that they cannot be seen on any maps of the world. Yet they are the world of the individual person, the Yet they are the world of the individual person, the neighborhood he lives in, the factory, farm, or office neighborhood he lives in, the factory, farm, or office where he worked. Such are the places where every where he worked. Such are the places where every man, woman, and child seeks equal justice, equal man, woman, and child seeks equal justice, equal opportunity, equal dignity without discrimination. opportunity, equal dignity without discrimination. Unless these rights have meaning there, they have Unless these rights have meaning there, they have little meaning anywhere.”little meaning anywhere.”

Eleanor Roosevelt, 1958Eleanor Roosevelt, 1958

DEFINITIONDEFINITION

HUMAN RIGHTS are the rights that HUMAN RIGHTS are the rights that all people have by virtue of being all people have by virtue of being human beings.human beings.

HUMAN RIGHTS are the rights that all people have by virtue of being human beings.

HUMAN RIGHTS are derived from the inherent dignity of the human person and are defined internationally, nationally and locally by various law making bodies.

OverviewOverview

Brief History of International Human Rights*Brief History of International Human Rights* Modern Protection of Human RightsModern Protection of Human Rights

– United NationsUnited Nations– Regional OrganizationsRegional Organizations– Local Non-Governmental OrganizationsLocal Non-Governmental Organizations

Health as a Human rightHealth as a Human right

*Source: “International Human Rights: Law, Policy and *Source: “International Human Rights: Law, Policy and Process,” David Weissbrodt, Joan Fitzpatrick and Process,” David Weissbrodt, Joan Fitzpatrick and Frank Newman (3d ed. 2001)Frank Newman (3d ed. 2001)

Brief HistoryBrief History

AntiquityAntiquity– Code of HammurabiCode of Hammurabi– Rights of Athenian citizensRights of Athenian citizens

MedievalMedieval– Magna Carta (1215)Magna Carta (1215)– Sir Thomas Aquinas’ theory of natural rights (13th Sir Thomas Aquinas’ theory of natural rights (13th

Century) Century)

EnlightenmentEnlightenment– English Declaration of the Rights of Man English Declaration of the Rights of Man

(1689)(1689)– U.S. Declaration of Independence (1776)U.S. Declaration of Independence (1776)– French Declaration of the Rights of Man and of French Declaration of the Rights of Man and of

the Citizen (1789)the Citizen (1789)– United States Constitution and Bill of Rights United States Constitution and Bill of Rights

(1789)(1789)


Early Developments (cont.)Early Developments (cont.)– International Committee for the Red Cross (1863)International Committee for the Red Cross (1863)– Geneva Convention (1864)Geneva Convention (1864)– Hague Conventions (1899 and 1907)Hague Conventions (1899 and 1907)– League of Nations and the International Labor League of Nations and the International Labor

Organization (1919)Organization (1919)


Aftermath of World War IIAftermath of World War II– Roosevelt’s Four Freedoms SpeechRoosevelt’s Four Freedoms Speech

(January 6, 1941)(January 6, 1941)– The Atlantic Charter Between the United States The Atlantic Charter Between the United States

and Great Britain (August 14, 1941)and Great Britain (August 14, 1941)– The Nuremberg and Tokyo TribunalsThe Nuremberg and Tokyo Tribunals– Creation of the United Nations (1945)Creation of the United Nations (1945)


Modern Protection of International Modern Protection of International Human RightsHuman Rights

The Preamble to the United Nations Charter The Preamble to the United Nations Charter states that thestates that the

“ “Peoples of the United Nations” are Peoples of the United Nations” are determined “to reaffirm faith in fundamental determined “to reaffirm faith in fundamental human rights, in the dignity and worth of the human rights, in the dignity and worth of the human person, in the equal rights of men and human person, in the equal rights of men and women and of nations large and small.”women and of nations large and small.”


In 1948, the UN General Assembly adopted In 1948, the UN General Assembly adopted the Universal Declaration of Human Rights.* the Universal Declaration of Human Rights.* The Declaration enumerates civil, political, The Declaration enumerates civil, political, economic, social, and cultural rights, but the economic, social, and cultural rights, but the Declaration contains no provisions for Declaration contains no provisions for monitoring or enforcement.monitoring or enforcement.

* * 48-0 with 8 abstentions (Eastern bloc, Saudi Arabia 48-0 with 8 abstentions (Eastern bloc, Saudi Arabia and South Africa)and South Africa)


In 1966, the General Assembly adopted:In 1966, the General Assembly adopted:– The Covenant on Civil and Political Rights (and its The Covenant on Civil and Political Rights (and its

First Optional Protocol)First Optional Protocol)– The Covenant on Economic, Social and Cultural The Covenant on Economic, Social and Cultural

RightsRights

which, together with the UDHR, are now which, together with the UDHR, are now known as the International Bill of Human known as the International Bill of Human RightsRights

Covenant on Civil and Political Rights:Covenant on Civil and Political Rights: Prohibits discrimination on the basis of “race, color, Prohibits discrimination on the basis of “race, color,

sex, language, religion, political or other opinion, sex, language, religion, political or other opinion, national or social origin, property, birth or other national or social origin, property, birth or other status” without regard to citizenshipstatus” without regard to citizenship

Prohibits torture and cruel, inhuman or degrading Prohibits torture and cruel, inhuman or degrading treatment or punishment (personal integrity)treatment or punishment (personal integrity)

Prohibits slaveryProhibits slavery Limits the death penalty (in countries that still allow Limits the death penalty (in countries that still allow

it) to the most serious crimes committed by persons it) to the most serious crimes committed by persons over 18over 18

Covenant on Civil and Political Rights (cont.):Covenant on Civil and Political Rights (cont.): Prohibits arbitrary arrest or detentionProhibits arbitrary arrest or detention Protects freedom of movement and residenceProtects freedom of movement and residence Protects the right to trial, presumption of Protects the right to trial, presumption of

innocence, right to a lawyer, right to an appeal, innocence, right to a lawyer, right to an appeal, freedom from self-incrimination, and freedom freedom from self-incrimination, and freedom from double jeopardyfrom double jeopardy

Protects freedom of opinion and expressionProtects freedom of opinion and expression Protects freedom of association and assemblyProtects freedom of association and assembly Public emergency exception (but no torture, Public emergency exception (but no torture,

executions, or slavery is ever permissible)executions, or slavery is ever permissible) Ratified by the United States in 1992Ratified by the United States in 1992

Covenant on Economic, Social and Cultural Rights:Covenant on Economic, Social and Cultural Rights: Right to work and make a “decent living for Right to work and make a “decent living for

themselves and their families”themselves and their families” Safe and healthy working conditionsSafe and healthy working conditions Right to form trade unions with the right to strikeRight to form trade unions with the right to strike Right of everyone to Social Security, including social Right of everyone to Social Security, including social

insurance “widest possible protection and assistance insurance “widest possible protection and assistance should be accorded to the family, which is the natural should be accorded to the family, which is the natural and fundamental group unit of society”and fundamental group unit of society”

Covenant on Economic, Social and Cultural Rights Covenant on Economic, Social and Cultural Rights (cont.):(cont.):

Right to adequate food, clothing and housing and Right to adequate food, clothing and housing and to the continuous improvement of living to the continuous improvement of living conditionsconditions

Right to educationRight to education Right to heath careRight to heath care Economic rights are subject to each county’s Economic rights are subject to each county’s

ability to provide such rights progressively as its ability to provide such rights progressively as its resources permitresources permit

Signed but not ratified by the United StatesSigned but not ratified by the United States

Modern Protection of Modern Protection of International Human RightsInternational Human Rights

In addition to the International Bill of Human In addition to the International Bill of Human Rights, the United Nations has drafted and Rights, the United Nations has drafted and promulgated over 80 human rights instruments:promulgated over 80 human rights instruments:– genocidegenocide– racial discriminationracial discrimination– discrimination against womendiscrimination against women– Refugee protectionRefugee protection– torturetorture– the rights of disabled personsthe rights of disabled persons– the rights of the childthe rights of the child

UN Human Rights BodiesUN Human Rights Bodies

Security CouncilSecurity Council General AssemblyGeneral Assembly Economic and Social CouncilEconomic and Social Council Commission on Human RightsCommission on Human Rights Subcommission on the Promotion and Subcommission on the Promotion and

Protection of Human RightsProtection of Human Rights Commission on the Status of WomenCommission on the Status of Women


Commission on Crime Prevention and Commission on Crime Prevention and Criminal JusticeCriminal Justice

International Court of JusticeInternational Court of Justice International Criminal CourtInternational Criminal Court Office of the High Commissioner for Human Office of the High Commissioner for Human

Rights (created by the General Assembly in Rights (created by the General Assembly in 1993)1993)


Treaty Monitoring BodiesTreaty Monitoring Bodies– Human Rights CommitteeHuman Rights Committee

– Committee on the Elimination of All Forms of Racial Committee on the Elimination of All Forms of Racial DiscriminationDiscrimination

– Committee on the Elimination of Discrimination Against Committee on the Elimination of Discrimination Against WomenWomen

– Committee Against TortureCommittee Against Torture

– Committee on the Rights of the ChildCommittee on the Rights of the Child

– Committee on Economic Social and Cultural RightsCommittee on Economic Social and Cultural Rights

Human Rights in International LawHuman Rights in International Law

Regional Organizations and Law-MakingRegional Organizations and Law-Making– European Convention for the Protection of Human European Convention for the Protection of Human

Rights and Fundamental Freedoms (1950) implemented Rights and Fundamental Freedoms (1950) implemented by the European Commission of Human Rights and the by the European Commission of Human Rights and the European Court of Human RightsEuropean Court of Human Rights

– The American Declaration of the Rights and Duties of The American Declaration of the Rights and Duties of Man adopted by the Organization of American States in Man adopted by the Organization of American States in 1948 and the American Convention on Human Rights 1948 and the American Convention on Human Rights adopted by the OAS in 1969 which are implemented by adopted by the OAS in 1969 which are implemented by the Inter-American Commission on Human Rights and the Inter-American Commission on Human Rights and the Inter- American Court of Human Rightsthe Inter- American Court of Human Rights

Human Rights in International LawHuman Rights in International Law

Regional Organizations and Law-Making Regional Organizations and Law-Making (cont.)(cont.)– Organization of African Unity was founded in Organization of African Unity was founded in

1963 and adopted the African Charter on 1963 and adopted the African Charter on Human and Peoples’ Rights in 1981. The Human and Peoples’ Rights in 1981. The African Commission on Human and Peoples’ African Commission on Human and Peoples’ Rights is charged with supervising the Rights is charged with supervising the implementation of the African Charter.implementation of the African Charter.

Use of State and Federal Courts to Use of State and Federal Courts to Protect Human RightsProtect Human Rights

Countries legislatures may enact legislation Countries legislatures may enact legislation that specifically incorporates international that specifically incorporates international law into domestic lawlaw into domestic law

Judicial interpretation and application of Judicial interpretation and application of existing legislative or constitutional existing legislative or constitutional provisionsprovisions

Local Non-Governmental Local Non-Governmental OrganizationsOrganizations

HRCPHRCP Minnesota Advocates for Human RightsMinnesota Advocates for Human Rights American Refugee CommitteeAmerican Refugee Committee Center for Victims of TortureCenter for Victims of Torture Institute on Agricultural and Trade PolicyInstitute on Agricultural and Trade Policy University of Minnesota Human Rights University of Minnesota Human Rights

CenterCenter

NGO ActivitiesNGO Activities Monitor elections and political trialsMonitor elections and political trials Investigate human rights and conditionsInvestigate human rights and conditions

– Analyze human rights practices in closed Analyze human rights practices in closed countries – Pakistan, Afghanistan, Bangladesh, countries – Pakistan, Afghanistan, Bangladesh, Albania, North Korea, Saudi ArabiaAlbania, North Korea, Saudi Arabia

– Identify and analyze conflicts in unstable Identify and analyze conflicts in unstable territoriesterritories

– Child slavery in Haiti; child health in Mexico, Child slavery in Haiti; child health in Mexico, Uganda and the United StatesUganda and the United States

NGO ActivitiesNGO Activities Lobby United NationsLobby United Nations Draft model statutesDraft model statutes

– Inquest proceduresInquest procedures– Forensic techniquesForensic techniques– Domestic violence lawsDomestic violence laws

Represent political asylum seekersRepresent political asylum seekers Promote ratification of human Promote ratification of human

rights treatiesrights treaties

Health Care and Human RightsHealth Care and Human Rights

The revelations of the Nuremberg trials about The revelations of the Nuremberg trials about experiments by physicians on concentration camp experiments by physicians on concentration camp inmates led to the creation of the World Medical inmates led to the creation of the World Medical Association. One of the first acts of the WMA was Association. One of the first acts of the WMA was the revision of the Hippocratic Oath in 1948 to the revision of the Hippocratic Oath in 1948 to include: “I will not permit consideration of race, include: “I will not permit consideration of race, religion, nationality, party politics, or social standing religion, nationality, party politics, or social standing to intervene between my duty and my patient.”to intervene between my duty and my patient.”

Health as a Human RightHealth as a Human Right

The principle of medical neutralityThe principle of medical neutrality

– Source: Geneva Conventions of 1949, Protocol I of 1977Source: Geneva Conventions of 1949, Protocol I of 1977

The right to physical and mental healthThe right to physical and mental health– International Covenant of Economic, Social and Cultural International Covenant of Economic, Social and Cultural

RightsRights– Convention on the Rights of the ChildConvention on the Rights of the Child– Convention on the Elimination of All Forms of Convention on the Elimination of All Forms of

Discrimination Against WomenDiscrimination Against Women

Principle of Medical NeutralityPrinciple of Medical Neutrality

A. Rights guaranteed by medical neutralityA. Rights guaranteed by medical neutrality1.1. Protection of the sick and wounded, civilians, Protection of the sick and wounded, civilians,

and medical personneland medical personnel No torture or cruel, inhuman or degrading treatmentNo torture or cruel, inhuman or degrading treatment

No killings or disappearancesNo killings or disappearances

Principle of Medical Neutrality Principle of Medical Neutrality (cont.)(cont.)

No impeding medical functionsNo impeding medical functions No punishment for treating the sick and No punishment for treating the sick and

wounded or for upholding medical wounded or for upholding medical confidentialityconfidentiality

2.2. Protection of medical facilities and Protection of medical facilities and servicesservices

No bombing or shelling of hospitals or No bombing or shelling of hospitals or clinicsclinics


No incursions into hospitalsNo incursions into hospitals No prevention of the function of medical services in No prevention of the function of medical services in

conflict areas or occupied territoriesconflict areas or occupied territories

B.B. Responsibilities required by medical Responsibilities required by medical neutralityneutrality

1.1. Proper use of medical facilitiesProper use of medical facilities


No misuse of hospital/clinic/ambulance for military No misuse of hospital/clinic/ambulance for military purposespurposes

No misuse of medical emblems for protectionNo misuse of medical emblems for protection

2.2. No abuse of medical skillsNo abuse of medical skills No torture, cruel treatment or interrogation by medical No torture, cruel treatment or interrogation by medical

personnelpersonnel

Principle of Medical Principle of Medical Neutrality Neutrality (cont.)(cont.)

No selective or discriminatory treatment of No selective or discriminatory treatment of wounded combatants or civilians on non-wounded combatants or civilians on non-medical groundsmedical grounds

Prohibition of medical treatment given Prohibition of medical treatment given according to military instruction rather according to military instruction rather than clinical indicationsthan clinical indications

No breach of medical confidentialityNo breach of medical confidentiality

Sources of Modern Right to Sources of Modern Right to Physical and Mental HealthPhysical and Mental Health

International Covenant on International Covenant on Economic, Social and Cultural Economic, Social and Cultural Rights, Article 12:Rights, Article 12:

1.1. The State’s Parties to the present The State’s Parties to the present Covenant recognize the right of Covenant recognize the right of everyone to the enjoyment of the everyone to the enjoyment of the highest attainable standard of physical highest attainable standard of physical and mental health.and mental health.

Sources of Modern Right to Sources of Modern Right to Physical and Mental Health Physical and Mental Health

(cont.)(cont.)2.2. The steps to be taken by the State’s The steps to be taken by the State’s

Parties to the present Covenant to Parties to the present Covenant to achieve the full realization of this right achieve the full realization of this right shall include those necessary for:shall include those necessary for:a)a) The provision for reduction of stillbirth rate The provision for reduction of stillbirth rate

and of infant mortality and for the health and of infant mortality and for the health development of the child; development of the child;

b)b) The improvement of all aspects of The improvement of all aspects of environmental and industrial hygiene; environmental and industrial hygiene;

Sources of Modern Right to Sources of Modern Right to Physical and Mental Health Physical and Mental Health

(cont.)(cont.)c)c) The prevention, treatment and control of The prevention, treatment and control of

epidemic, endemic, occupational and other epidemic, endemic, occupational and other diseases;diseases;

d)d) The creation of conditions which would The creation of conditions which would assure to all medical service and medical assure to all medical service and medical attention in the event of sickness.attention in the event of sickness.

Convention on Rights of the Convention on Rights of the ChildChild

Articles 6 in 24 provide for, among Articles 6 in 24 provide for, among other things:other things:– Efforts to combat disease and Efforts to combat disease and

malnutrition through the application of malnutrition through the application of available technology and the provision available technology and the provision of adequate nutritious foods and clean of adequate nutritious foods and clean drinking waterdrinking water

– Appropriate prenatal and post natal Appropriate prenatal and post natal health care for mothershealth care for mothers

Convention on Rights of the Convention on Rights of the Child (cont.)Child (cont.)

– Access to education concerning basic Access to education concerning basic health, nutrition, hygiene, and health, nutrition, hygiene, and environmental sanitationenvironmental sanitation

– Prevention of accidentsPrevention of accidents

Convention on the Elimination of All Convention on the Elimination of All Forms of Discrimination Against Forms of Discrimination Against

WomenWomen Articles 11 provides special Articles 11 provides special

protection to women during protection to women during pregnancy with respect to types of pregnancy with respect to types of work that are proven to be harmful work that are proven to be harmful to them.to them.


Women (cont.)Women (cont.) Article 12 insures equality of men and Article 12 insures equality of men and

women with respect to access to health women with respect to access to health care services including those related to care services including those related to family planning and specifically family planning and specifically providing that women get appropriate providing that women get appropriate services in connection with pregnancy, services in connection with pregnancy, confinement, and the post natal period, confinement, and the post natal period, including adequate nutrition during including adequate nutrition during pregnancy and lactation.pregnancy and lactation.


Women (cont.)Women (cont.) Article 14 provides equal access to Article 14 provides equal access to

women in rural areas to health care women in rural areas to health care facilities including counseling services facilities including counseling services and family planning.and family planning.

International Legal Order in the International Legal Order in the Context of Human Rights and Context of Human Rights and

Criminal LawCriminal Law Domestic RemediesDomestic Remedies Methods of International Methods of International

EnforcementEnforcement– Pre-NurembergPre-Nuremberg– NurembergNuremberg– Modern TribunalsModern Tribunals– International Criminal CourtInternational Criminal Court

Sources of International LawSources of International Law

Domestic RemediesDomestic Remedies

Who is in power?Who is in power? Who has the power?Who has the power? Who has jurisdiction?Who has jurisdiction? Who has the right?Who has the right? Whose law applies?Whose law applies?

Why Domestic Remedies Will Why Domestic Remedies Will Not Work for Certain CrimesNot Work for Certain Crimes

GenocideGenocide TerrorismTerrorism Crimes of AggressionCrimes of Aggression War CrimesWar Crimes Trafficking in People, etc…Trafficking in People, etc… -- All stem from political power, not -- All stem from political power, not

individual action--individual action--

The ArmeniansThe Armenians

In 1915 the Turkish government In 1915 the Turkish government presided over the killing by firing presided over the killing by firing squad, bayoneting, bludgeoning, and squad, bayoneting, bludgeoning, and starvation of nearly 1 million starvation of nearly 1 million Armenians.Armenians.

Efforts to bring the Turkish leaders to Efforts to bring the Turkish leaders to justice after World War I fizzled and justice after World War I fizzled and set the stage for later atrocities in set the stage for later atrocities in Europe.Europe.

““It was knowingly and lightheartedly It was knowingly and lightheartedly that Genghis Khan sent thousands of that Genghis Khan sent thousands of women and children to their deaths. women and children to their deaths. History sees in him only the founder History sees in him only the founder of a state…. The aim of war is not to of a state…. The aim of war is not to reach definite lines but to annihilate reach definite lines but to annihilate the enemy physically. It is by this the enemy physically. It is by this means that we shall obtain the living means that we shall obtain the living space we need. space we need. Who today still Who today still speaks of the massacre of the speaks of the massacre of the Armenians?”Armenians?”

Hitler, August 1939Hitler, August 1939

One week later the Germans invaded One week later the Germans invaded Poland and began the extermination Poland and began the extermination of the Polish Jews, Roma and of the Polish Jews, Roma and undesirables.undesirables.

By the end of World War II, some 6 By the end of World War II, some 6 million Jews and 5 million Poles, million Jews and 5 million Poles, Roma, Communists and other Roma, Communists and other undesirables had been slaughtered.undesirables had been slaughtered.

Nurnberg (Nuremberg)Nurnberg (Nuremberg)

Nazi leaders tried for four crimes:Nazi leaders tried for four crimes:– Conspiracy to Commit Wars of Aggression Conspiracy to Commit Wars of Aggression

Against Independent Sovereigns Against Independent Sovereigns – Crime Against Peace – AGGRESSIVE WARCrime Against Peace – AGGRESSIVE WAR– War Crimes - MURDER AND ILL-TREATMENT OF War Crimes - MURDER AND ILL-TREATMENT OF

CIVILIAN POPULATIONS OF OR IN OCCUPIED CIVILIAN POPULATIONS OF OR IN OCCUPIED TERRITORY AND ON THE HIGH SEAS; and TERRITORY AND ON THE HIGH SEAS; and DEPORTATION FOR SLAVE LABOR AND FOR DEPORTATION FOR SLAVE LABOR AND FOR OTHER PURPOSES OF THE CIVILIAN OTHER PURPOSES OF THE CIVILIAN POPULATIONS OF AND IN OCCUPIED POPULATIONS OF AND IN OCCUPIED TERRITORIESTERRITORIES

COUNT FOURCOUNT FOUR

MURDER, EXTERMINATION, ENSLAVEMENT, MURDER, EXTERMINATION, ENSLAVEMENT, DEPORTATION, AND OTHER INHUMANE DEPORTATION, AND OTHER INHUMANE ACTS COMMITTED AGAINST CIVILIAN ACTS COMMITTED AGAINST CIVILIAN POPULATIONS BEFORE AND DURING THE POPULATIONS BEFORE AND DURING THE WARWAR

PERSECUTION ON POLITICAL, RACIAL, AND PERSECUTION ON POLITICAL, RACIAL, AND RELIGIOUS GROUNDS IN EXECUTION OF RELIGIOUS GROUNDS IN EXECUTION OF AND IN CONNECTION WITH THE COMMON AND IN CONNECTION WITH THE COMMON PLAN MENTIONED IN COUNT ONEPLAN MENTIONED IN COUNT ONE

Included only acts from the date of the Included only acts from the date of the invasion of Poland in 1939.invasion of Poland in 1939.

The Genocide ConventionThe Genocide ConventionFirst UN Convention, adopted December 9, 1948; First UN Convention, adopted December 9, 1948;

entry into forceentry into force 12 January 1951 12 January 1951 ““any of the following acts committed with the any of the following acts committed with the

intent to destroy, in whole or in part, a intent to destroy, in whole or in part, a national, ethnical, racial, or religious group, national, ethnical, racial, or religious group, such as:such as:– Killing members of the group;Killing members of the group;– Causing serious bodily or mental harm to members Causing serious bodily or mental harm to members

of the group;of the group;– Conditions of life calculated to bring about the Conditions of life calculated to bring about the

physical destruction of the group;physical destruction of the group;– Measures intended to prevent births within the Measures intended to prevent births within the

group;group;– Forcibly transferring Children away from the group. Forcibly transferring Children away from the group.

Major Genocides Since 1948Major Genocides Since 1948

Cambodia:Cambodia: Over 2 million in 3.5 yearsOver 2 million in 3.5 years Iraq:Iraq: Over 200,000 Kurds by gas Over 200,000 Kurds by gas

and chemical attacks in 1989-90and chemical attacks in 1989-90 Bosnia and Kosovo – Over 100,000 Bosnia and Kosovo – Over 100,000

Muslims massacredMuslims massacred Rwanda – Almost 1 million, mostly Rwanda – Almost 1 million, mostly

hacked to deathhacked to death Many othersMany others

Major International Treaties Major International Treaties Specific to International Specific to International

Criminal LawCriminal Law Genocide Convention 1948 (US ratification 1988)Genocide Convention 1948 (US ratification 1988) Dec. 10, 1948 Dec. 10, 1948 Universal Declaration of Human RightsUniversal Declaration of Human Rights, ,

detailing human rights and fundamental freedoms detailing human rights and fundamental freedoms (Statement of principles, not a treaty)(Statement of principles, not a treaty)

Convention on the Non-Applicability of Statutory Limitations Convention on the Non-Applicability of Statutory Limitations to War Crimes and Crimes Against Humanity; 26 November to War Crimes and Crimes Against Humanity; 26 November 1968, 1968, entry into force entry into force 11 November 1970 (no US)11 November 1970 (no US)

Principles of international co-operation in the detection, Principles of international co-operation in the detection, arrest, extradition and punishment of persons guilty of war arrest, extradition and punishment of persons guilty of war crimes and crimes against humanity; Adopted by General crimes and crimes against humanity; Adopted by General Assembly resolution 3 December 1973Assembly resolution 3 December 1973

Rome Statute of the International Criminal Court Rome Statute of the International Criminal Court

International Bill of Human International Bill of Human RightsRights

Universal Declaration of Human Rights Universal Declaration of Human Rights International Covenant on Economic, Social International Covenant on Economic, Social

and Cultural Rights (1966/1976; US signed and Cultural Rights (1966/1976; US signed 1977)1977)

International Covenant on Civil and Political International Covenant on Civil and Political Rights (1966/1976; US 1992)Rights (1966/1976; US 1992)

Optional Protocol to the International Optional Protocol to the International Covenant on Civil and Political Rights Covenant on Civil and Political Rights (1966/1976; no)(1966/1976; no)

Second Optional Protocol to the International Second Optional Protocol to the International Covenant on Civil and Political Rights, aiming Covenant on Civil and Political Rights, aiming at the abolition of the death penalty (1989/ at the abolition of the death penalty (1989/ -- / no)-- / no)

Selected International Treaties Selected International Treaties on Conducton Conduct

International Convention on the Elimination of All Forms of International Convention on the Elimination of All Forms of Racial Discrimination (1965 /1969 US 1994)Racial Discrimination (1965 /1969 US 1994)

Convention on the Elimination of All Forms of Discrimination Convention on the Elimination of All Forms of Discrimination against Women (1979 /1981 US signed 1980)against Women (1979 /1981 US signed 1980)

Convention on the Rights of the Child (1989 /1990 US Convention on the Rights of the Child (1989 /1990 US signed 1995)signed 1995)

Optional Protocols on armed conflict and Optional Protocols on armed conflict and prostitution/pornography ratified by US 2002prostitution/pornography ratified by US 2002

Slavery Convention (1926 / 1955 US signed 1956)Slavery Convention (1926 / 1955 US signed 1956) Convention against Torture and Other Cruel, Inhuman or Convention against Torture and Other Cruel, Inhuman or

Degrading Treatment or Punishment (1984 / 1987 US 1994, Degrading Treatment or Punishment (1984 / 1987 US 1994, no to OP)no to OP)

http://www.unhchr.ch/html/intlinst.htmhttp://www.unhchr.ch/html/intlinst.htm

Language v. ActionLanguage v. Action Though called for in the 1948 Genocide Though called for in the 1948 Genocide

Convention, efforts to establish a Convention, efforts to establish a permanent court were delayed for decades permanent court were delayed for decades by the cold war and refusal of governments by the cold war and refusal of governments to accept an international legal jurisdiction. to accept an international legal jurisdiction.

While the language and forums for While the language and forums for expressing human rights concerns have expressing human rights concerns have existed since the founding of the UN Human existed since the founding of the UN Human Rights Commission, only in the last 10 years Rights Commission, only in the last 10 years has actual intervention over the objections has actual intervention over the objections of sovereignty become acceptable. of sovereignty become acceptable.

International Criminal International Criminal Tribunal for the Former Tribunal for the Former

YugoslaviaYugoslavia In 1993, the conflict in In 1993, the conflict in the former Yugoslavia the former Yugoslavia erupted, which led to erupted, which led to establishment of ad establishment of ad hoc International hoc International Criminal Tribunal for Criminal Tribunal for the former Yugoslavia the former Yugoslavia (ICTY)., to hold (ICTY)., to hold individuals accountable individuals accountable for war crimes, crimes for war crimes, crimes against humanity and against humanity and genocide.genocide.

International International Criminal Criminal

Tribunal for Tribunal for RwandaRwanda

Established for the prosecution of persons Established for the prosecution of persons responsible for genocide and other serious responsible for genocide and other serious violations of international humanitarian law violations of international humanitarian law committed in the territory of Rwanda between committed in the territory of Rwanda between 1 January 1994 and 31 December 1994. 1 January 1994 and 31 December 1994.

ICTY, ICTR and the ICCICTY, ICTR and the ICC

Each of these is a statement of Each of these is a statement of International Norms having International Norms having supremacy over national supremacy over national sovereignty.sovereignty.

US supports specific event / mandate US supports specific event / mandate tribunals when in its interest but tribunals when in its interest but strongly opposes the general events strongly opposes the general events mandate of the ICCmandate of the ICC

All since 1990All since 1990

The Rome ConferenceThe Rome Conference The United Nations Diplomatic The United Nations Diplomatic

Conference of Conference of Plenipotentiaries on the Plenipotentiaries on the Establishment of an Establishment of an International Criminal Court International Criminal Court (Rome Conference).(Rome Conference).

Held in Rome, Italy, from 15 Held in Rome, Italy, from 15 June to 17 July 1998, "to June to 17 July 1998, "to finalize and adopt a finalize and adopt a convention on the convention on the establishment of an establishment of an international criminal court". international criminal court".

The ICC established on The ICC established on ratification by 60 countries. ratification by 60 countries. (July 2002) (July 2002) Currently the Rome Currently the Rome Statute of the ICC has 139 Statute of the ICC has 139 Signatories and 92 Ratifications.Signatories and 92 Ratifications.

-- Kofi Annan, United Nations -- Kofi Annan, United Nations Secretary-GeneralSecretary-General

"In the prospect of an international criminal court lies "In the prospect of an international criminal court lies the promise of universal justice. That is the simple and the promise of universal justice. That is the simple and soaring hope of this vision. We are close to its soaring hope of this vision. We are close to its realization. We will do our part to see it through till the realization. We will do our part to see it through till the end. We ask you . . . to do yours in our struggle to end. We ask you . . . to do yours in our struggle to ensure that no ruler, no State, no junta and no army ensure that no ruler, no State, no junta and no army anywhere can abuse human rights with impunity. Only anywhere can abuse human rights with impunity. Only then will the innocents of distant wars and conflicts then will the innocents of distant wars and conflicts know that they, too, may sleep under the cover of know that they, too, may sleep under the cover of justice; that they, too, have rights, and that those who justice; that they, too, have rights, and that those who

violate those rights will be punished."violate those rights will be punished."

What Crimes Are Covered?What Crimes Are Covered?Jurisdiction only since July Jurisdiction only since July

20022002 The crime of genocideThe crime of genocide The crime of aggressionThe crime of aggression War crimesWar crimes Crimes Against Crimes Against

HumanityHumanity Crimes Against United Crimes Against United

Nations and associated Nations and associated personnelpersonnel

Other Categories:Other Categories:– TerrorismTerrorism– Drug and Psychotropic Drug and Psychotropic

Trafficking Trafficking

The Crime of GenocideThe Crime of Genocide Article 5 of the statute took the definition of Article 5 of the statute took the definition of

“genocide” verbatim as it was defined in Genocide “genocide” verbatim as it was defined in Genocide Convention (1948). Convention (1948).

““Genocide means any of the following acts committed Genocide means any of the following acts committed with intent to destroy, in whole or in part, a national, with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:ethnical, racial or religious group, as such:– Killing members of the group;Killing members of the group;– Causing serious bodily or mental harm to members of Causing serious bodily or mental harm to members of

the group;the group;– Deliberately inflicting on the group conditions of life Deliberately inflicting on the group conditions of life

calculated to bring about its physical destruction in calculated to bring about its physical destruction in whole or in part;whole or in part;

– Imposing measures intended to prevent births within Imposing measures intended to prevent births within the group;the group;

– Forcibly transferring children of the group to another Forcibly transferring children of the group to another group.group.

The Crime of AggressionThe Crime of Aggression Definition: In 1974 the United Nations General Definition: In 1974 the United Nations General

Assembly defined aggression as “initiating, planning, Assembly defined aggression as “initiating, planning, preparing or waging aggression.”preparing or waging aggression.”

Problem: Finding a suitable Definition. Some do not Problem: Finding a suitable Definition. Some do not want this listed as a crime due to lack of suitable want this listed as a crime due to lack of suitable definition.definition.

Others who want to include the crime of aggression Others who want to include the crime of aggression maintain the definition can rest with the U.N. Security maintain the definition can rest with the U.N. Security Council, and may be determined on an Council, and may be determined on an ad hocad hoc basis. basis.

Proposed Definition: “Planning, Preparing, Ordering, Proposed Definition: “Planning, Preparing, Ordering, Initiating, or Carrying out an armed attack, or the use Initiating, or Carrying out an armed attack, or the use of force, or a war of aggression, or a war in violation of of force, or a war of aggression, or a war in violation of international treaties or agreements, by a State, international treaties or agreements, by a State, against the territorial integrity of another State, against against the territorial integrity of another State, against the provisions in the U.N. Charter.”the provisions in the U.N. Charter.”

War CrimesWar Crimes The statute enumerates four different categories of war The statute enumerates four different categories of war

crimes:crimes:– Grave breaches of the four Geneva Conventions of Grave breaches of the four Geneva Conventions of

12 August 1949.12 August 1949.– Other serious violations of the laws and customs Other serious violations of the laws and customs

applicable in international armed conflicts (largely applicable in international armed conflicts (largely derived from the Hague law, limiting the methods of derived from the Hague law, limiting the methods of waging war).waging war).

– In case of an armed conflict not of an international In case of an armed conflict not of an international character, serious violations of article 3 common to character, serious violations of article 3 common to the four Geneva Conventions of 12 August 1949.the four Geneva Conventions of 12 August 1949.

– Other serious violations of the laws and customs Other serious violations of the laws and customs applicable in armed conflicts not of an international applicable in armed conflicts not of an international character, within the established framework of character, within the established framework of international law.international law.

Grave Breaches of Geneva Grave Breaches of Geneva ConventionConvention

The four Geneva Conventions of 1949 extend special The four Geneva Conventions of 1949 extend special protections to certain categories of persons--wounded protections to certain categories of persons--wounded and sick in armed forces in the field; wounded, sick and and sick in armed forces in the field; wounded, sick and shipwrecked members of armed forces at sea; POWs; shipwrecked members of armed forces at sea; POWs; and civilians during wartime.and civilians during wartime.

Willful killing; Torture or inhuman treatmentWillful killing; Torture or inhuman treatment Willfully causing great suffering, or serious injuryWillfully causing great suffering, or serious injury Extensive destruction or appropriation of propertyExtensive destruction or appropriation of property Compelling POWs to serve in the forces of a hostile Compelling POWs to serve in the forces of a hostile

PowerPower Unlawful deportation, transfer, or confinementUnlawful deportation, transfer, or confinement

Crimes Against United Crimes Against United NationsNations

Crimes against United Nations and associated Crimes against United Nations and associated personnel is currently not under the jurisdiction of personnel is currently not under the jurisdiction of the ICC, as the Geneva Convention does not provide the ICC, as the Geneva Convention does not provide any protection or guarantee that perpetrators will be any protection or guarantee that perpetrators will be brought to justice.brought to justice.

Due to the increasing safety concerns for the UN and Due to the increasing safety concerns for the UN and associated personnel after the 1990s, peacekeepers, associated personnel after the 1990s, peacekeepers, humanitarian workers and civilian staff members of humanitarian workers and civilian staff members of the UN are lobbying for this crime to fall within the the UN are lobbying for this crime to fall within the jurisdiction of the ICC. jurisdiction of the ICC.

Other Categories of CrimeOther Categories of Crime

TerrorismTerrorism Crimes Involving the Illicit Traffic in Crimes Involving the Illicit Traffic in

Narcotic Drugs and Psychotropic Narcotic Drugs and Psychotropic SubstancesSubstances

Trigger MechanismsTrigger Mechanisms There are three possible mechanisms by which the There are three possible mechanisms by which the

jurisdiction of the ICC may be triggered:jurisdiction of the ICC may be triggered:– Complaint by a State PartyComplaint by a State Party

A State Party can lodge a complaint with the A State Party can lodge a complaint with the Prosecutor and ask him to investigate the situation.Prosecutor and ask him to investigate the situation.

State bringing complaint must be: State on territory State bringing complaint must be: State on territory where act was committed; Custodial State where where act was committed; Custodial State where accused officer is present; State of the nationality of accused officer is present; State of the nationality of the suspect; or State of the nationality of the the suspect; or State of the nationality of the victims.victims.

– Referral by the Security CouncilReferral by the Security Council The United Nation’s Security Council can refer a The United Nation’s Security Council can refer a

specific matter to the Court for an investigation.specific matter to the Court for an investigation.– Trigger by the ProsecutorTrigger by the Prosecutor

Prosecutor may bring a matter before the Court.Prosecutor may bring a matter before the Court.

To Achieve Justice For AllTo Achieve Justice For All

ICC = “the missing link” in the international legal ICC = “the missing link” in the international legal system. system.

The International Court of Justice at The Hague The International Court of Justice at The Hague handles only cases between States, not individuals. handles only cases between States, not individuals.

With no ICC, acts of genocide and egregious violations With no ICC, acts of genocide and egregious violations of human rights often go unpunished.of human rights often go unpunished.

Lack of accountability over the last 50 years.Lack of accountability over the last 50 years.– Cambodia in 1970sCambodia in 1970s– Mozambique, Liberia, El Salvador, etc. Mozambique, Liberia, El Salvador, etc.

– Algeria and the Great Lakes region of Africa.Algeria and the Great Lakes region of Africa.

To End ImpunityTo End Impunity "A person stands a better chance of being tried and judged for "A person stands a better chance of being tried and judged for

killing one human being than for killing 100,000." -- José Ayala killing one human being than for killing 100,000." -- José Ayala Lasso, former United Nations High Commissioner for Human RightsLasso, former United Nations High Commissioner for Human Rights

According to the Draft Code of Crimes against the Peace and According to the Draft Code of Crimes against the Peace and Security of Mankind, completed in 1996 (by the International Law Security of Mankind, completed in 1996 (by the International Law Commission at the request of the General Assembly) Commission at the request of the General Assembly) enforcement of international law applies equally and enforcement of international law applies equally and without exception to any individual throughout the without exception to any individual throughout the governmental hierarchy or military chain of command.governmental hierarchy or military chain of command.

And the Convention on the Prevention and Punishment of the And the Convention on the Prevention and Punishment of the Crime of Genocide adopted by the United Nations in 1948 Crime of Genocide adopted by the United Nations in 1948 recognizes that recognizes that the crime of genocide may be committed by the crime of genocide may be committed by constitutionally responsible rulers, public officials or constitutionally responsible rulers, public officials or private individuals. private individuals.

To Help End ConflictsTo Help End Conflicts "There can be no peace "There can be no peace

without justice, no justice without justice, no justice without law and no without law and no meaningful law without a meaningful law without a Court to decide what is just Court to decide what is just and lawful under any given and lawful under any given circumstance." -- Benjamin circumstance." -- Benjamin Ferencz, former Nürnberg Ferencz, former Nürnberg prosecutorprosecutor

The guarantee that at least The guarantee that at least some perpetrators of war some perpetrators of war crimes or genocide may be crimes or genocide may be brought to justice acts as a brought to justice acts as a deterrent and enhances the deterrent and enhances the possibility of bringing a possibility of bringing a conflict to an endconflict to an end. .

““Selective justice: "Selective justice: " Why has there been no war crimes Why has there been no war crimes tribunal for the "killing fields" in Cambodia? A permanent tribunal for the "killing fields" in Cambodia? A permanent court could operate in a more consistent way. court could operate in a more consistent way.

““Tribunal fatigue:” Tribunal fatigue:” Problems with Ad Hoc Tribunals:Problems with Ad Hoc Tribunals:– crucial evidence deteriorated/destroyed;crucial evidence deteriorated/destroyed;– perpetrators can escape or disappear; and perpetrators can escape or disappear; and – witnesses can relocate or be intimidated. witnesses can relocate or be intimidated. – Investigation increasingly expensive;Investigation increasingly expensive;– Ad hoc tribunals are subject to limits of time or place. Ad hoc tribunals are subject to limits of time or place.

Crimes committed since that time are not covered. Crimes committed since that time are not covered.

To remedy the deficiencies To remedy the deficiencies of ad hoc tribunalsof ad hoc tribunals

To take over when national To take over when national criminal justice institutions criminal justice institutions are unwilling or unable to are unwilling or unable to

actact "Crimes under international law by "Crimes under international law by their very nature often require the their very nature often require the direct or indirect participation of a direct or indirect participation of a number of individuals at least some of number of individuals at least some of whom are in positions of whom are in positions of governmental authority or military governmental authority or military command." -- Report of the command." -- Report of the International Law Commission, 1996International Law Commission, 1996

National institutions often either National institutions often either unwilling or unable to act, usually for unwilling or unable to act, usually for one of two reasons:one of two reasons:– Governments often lack the Governments often lack the

political will to prosecute their own political will to prosecute their own citizens; Or citizens; Or

– National institutions may have National institutions may have collapsed, as in the case of collapsed, as in the case of Rwanda. Rwanda.

Argentines Face Human Argentines Face Human Rights Trials in EuropeRights Trials in Europe

July 28, 2003 July 28, 2003 At least 40 retired Argentine military officials At least 40 retired Argentine military officials

accused of human rights violations during the accused of human rights violations during the 1976-1983 dictatorship are now in custody in 1976-1983 dictatorship are now in custody in Argentina and facing trials in Europe after the Argentina and facing trials in Europe after the new government moved late last week to strip new government moved late last week to strip them of their longstanding immunity from them of their longstanding immunity from extradition. extradition.

On Friday, President Néstor Kirchner, who took On Friday, President Néstor Kirchner, who took office two months ago, revoked a government office two months ago, revoked a government edict that prohibited Argentine officials from edict that prohibited Argentine officials from being handed over to foreign countries to face being handed over to foreign countries to face criminal charges abroad.criminal charges abroad.

Foreign governments seem Foreign governments seem especially interested in trying Alfredo especially interested in trying Alfredo Astiz, a 50-year-old naval captain Astiz, a 50-year-old naval captain who has become perhaps the most who has become perhaps the most notorious symbol of Argentina's Dirty notorious symbol of Argentina's Dirty War. Nicknamed "the blond angel of War. Nicknamed "the blond angel of death," Captain Astiz infiltrated death," Captain Astiz infiltrated human rights groups and is accused human rights groups and is accused of having designated which of their of having designated which of their leaders were to be kidnapped, leaders were to be kidnapped, tortured and killed.tortured and killed.

The Spanish judge who made the The Spanish judge who made the extradition request, Baltazar Garzón, is the extradition request, Baltazar Garzón, is the same judge whose efforts led to the same judge whose efforts led to the detention of Gen. Augusto Pinochet, Chile's detention of Gen. Augusto Pinochet, Chile's former military dictator, in Britain in 1998. former military dictator, in Britain in 1998.

With the 30th anniversary of the coup that With the 30th anniversary of the coup that brought General Pinochet to power now brought General Pinochet to power now less than two months away, Argentina's less than two months away, Argentina's actions are certain to add to an already actions are certain to add to an already heated debate in Chile about how to deal heated debate in Chile about how to deal with military human rights abusers there.with military human rights abusers there.

"It sends a very powerful signal to those "It sends a very powerful signal to those who commit these types of crimes that who commit these types of crimes that today is a day of international justice," the today is a day of international justice," the Chilean president, Ricardo Lagos, said in a Chilean president, Ricardo Lagos, said in a radio interview on Saturday. radio interview on Saturday.

Why There is a Lot of Work Still Why There is a Lot of Work Still To be DoneTo be Done

Spain's government decided on August 29Spain's government decided on August 29thth not to not to seek the extradition of 40 Argentines indicted here seek the extradition of 40 Argentines indicted here for abuses during their country's "dirty war" under for abuses during their country's "dirty war" under military rule, saying they should be tried at home.military rule, saying they should be tried at home.

The government rejected a Spanish judge's request The government rejected a Spanish judge's request because Argentina's Congress this month voted to because Argentina's Congress this month voted to repeal two laws that had shielded hundreds of repeal two laws that had shielded hundreds of military officers from prosecution for abuses during military officers from prosecution for abuses during the 1976-83 dictatorship.the 1976-83 dictatorship.

Under the extradition treaty between Spain and Under the extradition treaty between Spain and Argentina, the 40 suspects should now be tried in Argentina, the 40 suspects should now be tried in Argentina, Deputy Prime Minister Mariano Rajoy Argentina, Deputy Prime Minister Mariano Rajoy said.said.

"When certain crimes are committed in a country "When certain crimes are committed in a country and it is possible to try them, it must be done in that and it is possible to try them, it must be done in that country. That's the principle of territoriality," Rajoy country. That's the principle of territoriality," Rajoy said after a cabinet meeting.said after a cabinet meeting.

Other Systems in the Other Systems in the International Legal Order – International Legal Order –

Human RightsHuman Rights The United Nations Human Rights SystemThe United Nations Human Rights System The European System For The Protection The European System For The Protection

Of Human Rights Of Human Rights The Inter-American Human Rights SystemThe Inter-American Human Rights System The African System Of Human And The African System Of Human And

Peoples’ Rights Peoples’ Rights Humanitarian Law Humanitarian Law Non-Governmental Human Rights Non-Governmental Human Rights

Organizations Organizations

THE UNITED NATIONS HUMAN THE UNITED NATIONS HUMAN RIGHTS SYSTEMRIGHTS SYSTEM

The UN Charter The UN Charter The International Bill of Human The International Bill of Human

RightsRights Other Major UN Human Rights Other Major UN Human Rights

TreatiesTreaties UN Charter-Based InstitutionsUN Charter-Based Institutions Specialized AgenciesSpecialized Agencies

The UN CharterThe UN Charter

The human rights provisions that The human rights provisions that ultimately found their way into the Charter ultimately found their way into the Charter of the United Nations fell far short of of the United Nations fell far short of expectations.expectations.

That was to be expected, for each of the That was to be expected, for each of the main powers had troublesome human main powers had troublesome human rights problems. The Soviet Union had its rights problems. The Soviet Union had its GulagGulag, the United States its , the United States its de jurede jure racial racial discrimination, France and Great Britain discrimination, France and Great Britain their colonial empires.their colonial empires.

Human Rights in the UN Human Rights in the UN Charter Charter

Article 1(3) of the Charter of the United Article 1(3) of the Charter of the United Nations proclaims the following goal as Nations proclaims the following goal as one of the “purposes” of the UN: one of the “purposes” of the UN:

To achieve international co-operation in To achieve international co-operation in solving international problems of an solving international problems of an economic, social, cultural, or humanitarian economic, social, cultural, or humanitarian character, and in promoting and character, and in promoting and encouraging respect for human rights and encouraging respect for human rights and for fundamental freedoms for all without for fundamental freedoms for all without distinction as to race, sex, language, or distinction as to race, sex, language, or religion. religion.

Article 55Article 55 ……the United Nations shall promote:the United Nations shall promote: (a) higher standards of living, full (a) higher standards of living, full

employment, and conditions of economic employment, and conditions of economic and social progress and development;and social progress and development;

(b) solutions of international economic, (b) solutions of international economic, social, health, and related problems; and social, health, and related problems; and international cultural and educational international cultural and educational cooperation; and cooperation; and

(c) universal respect for, and observance (c) universal respect for, and observance of human rights and fundamental of human rights and fundamental freedoms for all without distinction as to freedoms for all without distinction as to race, sex, language, or religion. race, sex, language, or religion.

Article 56Article 56 All Members pledge themselves to take joint and All Members pledge themselves to take joint and

separate action in co-operation with the separate action in co-operation with the Organization for the achievement of the purpose Organization for the achievement of the purpose set forth in Article 55.set forth in Article 55.

The Charter confers similar power on the UN The Charter confers similar power on the UN Economic and Social Council (ECOSOC). It Economic and Social Council (ECOSOC). It authorizes the ECOSOC to “make authorizes the ECOSOC to “make recommendations for the purpose of promoting recommendations for the purpose of promoting respect for, and observance of, human rights and respect for, and observance of, human rights and fundamental freedoms for all” and requires it to fundamental freedoms for all” and requires it to “set up commissions in economic and social fields “set up commissions in economic and social fields and for the promotion of human rights….” Arts and for the promotion of human rights….” Arts 62(2) and 68. 62(2) and 68.

International Bill of Human International Bill of Human RightsRights

Universal Declaration of Human Rights Universal Declaration of Human Rights International Covenant on Economic, Social International Covenant on Economic, Social

and Cultural Rights (1966/1976; US signed and Cultural Rights (1966/1976; US signed 1977)1977)

International Covenant on Civil and Political International Covenant on Civil and Political Rights (1966/1976; US 1992)Rights (1966/1976; US 1992)

Optional Protocol to the International Optional Protocol to the International Covenant on Civil and Political Rights Covenant on Civil and Political Rights (1966/1976; no)(1966/1976; no)

Second Optional Protocol to the International Second Optional Protocol to the International Covenant on Civil and Political Rights, aiming Covenant on Civil and Political Rights, aiming at the abolition of the death penalty (1989/ at the abolition of the death penalty (1989/ -- / no)-- / no)

Other Major UN Human Rights Other Major UN Human Rights TreatiesTreaties

The Convention on the Prevention and The Convention on the Prevention and Punishment of the crime of Genocide,Punishment of the crime of Genocide,

International Convention on the Elimination of All International Convention on the Elimination of All Forms of Racial Discrimination, Forms of Racial Discrimination,

International Convention on the Suppression and International Convention on the Suppression and the Punishment of the Crime of Apartheid,the Punishment of the Crime of Apartheid,

Convention on the Elimination of all forms of Convention on the Elimination of all forms of Discrimination against Women, Discrimination against Women,

Convention Against Torture and Other Cruel, Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment,Inhuman or Degrading Treatment,

Convention on the Rights of the Child. Convention on the Rights of the Child.

UN Charter-Based UN Charter-Based InstitutionsInstitutions

Commission on Human Rights Commission on Human Rights Sub-Commission on Promotion and Sub-Commission on Promotion and

Protection of Human Rights Protection of Human Rights Commission on the Status of WomenCommission on the Status of Women The High Commissioner for Human The High Commissioner for Human

RightsRights Field OfficesField Offices Conferences and ResolutiuonsConferences and Resolutiuons

Specialized AgenciesSpecialized Agencies

The International Labor OrganizationThe International Labor Organization– The International Labor Organization, The International Labor Organization,

established in 1919 by the Treaty of Versailles, established in 1919 by the Treaty of Versailles, focuses on those human rights related to the focuses on those human rights related to the right to work and to working conditions, right to work and to working conditions, including the right to form trade unions, the including the right to form trade unions, the right to strike, the right to be free from slavery right to strike, the right to be free from slavery and forced labor, equal employment and and forced labor, equal employment and training opportunities, the right to safe and training opportunities, the right to safe and healthy working conditions, and the right to healthy working conditions, and the right to social security. social security.

Specialized AgenciesSpecialized Agencies

– UNESCO (UN Educational, Scientific, and UNESCO (UN Educational, Scientific, and Cultural Org.) promotes teaching and Cultural Org.) promotes teaching and research on human rights, adopts research on human rights, adopts conventions and recommendations on conventions and recommendations on human rights related to its subject human rights related to its subject areas. areas.

– It has also established a complaints It has also established a complaints procedure available to individuals and procedure available to individuals and NGOs.NGOs.

– World Health Organization, etcWorld Health Organization, etc

THE EUROPEAN SYSTEM FOR THE EUROPEAN SYSTEM FOR THE PROTECTION OF HUMAN THE PROTECTION OF HUMAN

RIGHTS RIGHTS The European Convention on Human The European Convention on Human

Rights Rights The Enforcement Mechanism of the The Enforcement Mechanism of the

Convention Convention The European Social Charter The European Social Charter Council of Europe Human Rights TreatiesCouncil of Europe Human Rights Treaties The European Union The European Union Organization for Security and Cooperation Organization for Security and Cooperation

in Europe (OSCE)in Europe (OSCE)

The European Convention on The European Convention on Human Rights Human Rights

The European Convention on Human Rights The European Convention on Human Rights entered into force on September 3, 1953entered into force on September 3, 1953

As originally adopted, the European Convention As originally adopted, the European Convention guarantees the following rights: right to life; right guarantees the following rights: right to life; right not to be subjected to torture, inhuman or not to be subjected to torture, inhuman or degrading punishment; freedom from slavery; degrading punishment; freedom from slavery; right to liberty, security of person; Due Process of right to liberty, security of person; Due Process of Law; freedom from ex post facto laws and Law; freedom from ex post facto laws and punishment; right to private and family life; punishment; right to private and family life; freedom of thought, conscience and religion; freedom of thought, conscience and religion; freedom of expression and of peaceful assembly; freedom of expression and of peaceful assembly; and the right to marry and found a family. and the right to marry and found a family.

A non-discrimination clause applies to the A non-discrimination clause applies to the “enjoyment of the rights and freedoms” the “enjoyment of the rights and freedoms” the Convention proclaims. Convention proclaims.

The Enforcement Mechanism The Enforcement Mechanism of the Conventionof the Convention

Jurisdiction of the European Court Jurisdiction of the European Court Inter-State Complaints Inter-State Complaints Private Petitions Private Petitions Admissibility: Incompatible, Ill-Founded, or Abuse Admissibility: Incompatible, Ill-Founded, or Abuse

of the Right of Petition of the Right of Petition Exhaustion of Domestic RemediesExhaustion of Domestic Remedies The Individual’s Participation in the Proceedings The Individual’s Participation in the Proceedings Judgments of the CourtJudgments of the Court Enforcement of Judgments by the Committee of Enforcement of Judgments by the Committee of

Ministers Ministers Interpretation of the Rights Guaranteed Interpretation of the Rights Guaranteed

The European Social CharterThe European Social Charter

, It complements the Convention, , It complements the Convention, which guarantees only civil and which guarantees only civil and political rights, by establishing a political rights, by establishing a regional European system for the regional European system for the protection of economic and social protection of economic and social rightsrights

Council of Europe Human Council of Europe Human Rights TreatiesRights Treaties

The European Convention against The European Convention against TortureTorture

Protection of National Minorities Protection of National Minorities Human Rights and Biomedicine Human Rights and Biomedicine

The European Union The European Union

The Charter of Fundamental Rights of the The Charter of Fundamental Rights of the European Union.European Union.

In June 1999 the EU decided that a In June 1999 the EU decided that a European Charter of Fundamental Rights European Charter of Fundamental Rights should be drafted to cover all rights that should be drafted to cover all rights that pertain to the Union’s citizens, in effect pertain to the Union’s citizens, in effect combining the guarantees of the European combining the guarantees of the European Convention on Human Rights, the Convention on Human Rights, the European Social Charter, and other human European Social Charter, and other human rights instruments. rights instruments.

human rights and criminal justice mian ali haider l.l.b., l.l.m (cum laude) u.k. "there can be...

Documents

definition human rights

fundamental human rights

rights of man

bill of rights

human person

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