International Human Rights Concept: the rights recognized as the barest minimum that every human being is entitled

to without further qualifications; a residual core of an entire system of rights that cannot further be reduced; the corpus of internationally and universally-recognized rights that are: 1. Inherent in every human being - inextricably attached to every person from the time that person becomes a human being 2. Universal due to the absolute consensus of the international community 3. Inalienable - cannot be disposed of or taken away voluntarily or involuntarily 4. Imprescriptible - cannot be understood as having been waived or forgone by the mere failure to assert or vindicate them through the passage of time 5. Inviolable - any denial or transgression of these rights constitutes a continuing violation; while there are exemptions, still, there has been a violation. 6. Indivisible under debate; being the irreducible core of a system of rights, cannot be subdivided so that one portion can be denied and the other granted In dealing with international human rights, you deal with two sides: 1. Normative and substantive 2. Enforcement Mechanisms provided by the UN (treaty mechanisms) a. Convention against Torture and other Cruel, Inhuman, or Degrading Treatment or Punishment Who files? State Parties but under Sec. 22: an individual may file also under certain conditions b. Convention on Elimination of All Forms of Racial Discrimination c. Convention on Elimination of All Forms of Discrimination against Women Law on Human Rights UN Conventions on Human Rights 1. ICCPR 2. CEDAW 3. Convention on the Rights of Children 4. Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment 5. International Convention on the Elimination of All Forms of Racial Discrimination 6. Convention on the Prevention and Punishment of the Crime of Genocide 7. ICESCR Universal Declaration of Human Rights (UDHR) basic international statement of inalienable and inviolable rights of human beings; the first comprehensive international human rights instrument. Scope: civil and political rights, and economic, social and cultural rights Limitations - determined by law, only to secure due recognition and respect for the rights of others and of meeting the just requirements of morality, public order and the general welfare in a democratic society. Rights may not be exercised contrary to UN purposes and principles (Art. 29)

International Covenant on Economic, Social andCultural Rights (ICESCR)

Rights guaranteed 1. Right of self-determination 2. Right to work and accompanying rights thereto 3. Right to social security and other social rights 4. Adequate standard of living: a. Right to adequate housing b. Right to adequate food. Right to adequate clothing 5. Right to health 6. Right to education 7. Cultural rights States-parties obligations 1. Specific Obligations (Art. 2) a. Maximize available resources towards progressive realization of the rights in the covenant b. Non-discrimination states guarantee the exercise of rights without discrimination 2. General obligations a. Respect: states to refrain from interfering with enjoyment of rights. Forced eviction is a violation. b. Protect: states to prevent violations by third parties. Failure to ensure compliance by private employers with basic labor standards violates the right to work. c. Fulfill: states to take appropriate measures (legislative, judicial) towards the full realization of the rights. States failure to provide essential primary health care to the needy is a violation. International Covenant on Civil and Political Rights (ICCPR)

Rights recognized 1. Right to self-determination 2. Right to an effective remedy 3. Non-discrimination on the basis of sex 4. Right to life 5. Freedom from torture or cruel, inhuman or degrading punishment 6. Freedom from slavery 7. Right to liberty and security of person 8. Right to be treated with humanity in cases of deprivation of liberty 9. Freedom from imprisonment for failure to fulfill a contractual obligation 10. Freedom of movement and the right to travel 11. Right to a fair, impartial and public trial 12. Freedom from ex post facto law

13. Right of recognition everywhere as a person before the law 14. Right to privacy 15. Freedom of thought, conscience and religion 16. Freedom of expression 17. Freedom of peaceful assembly 18. Freedom of association 19. Right to marry and found a family 20. Right of a child to protection, a name and nationality 21. Right to participate, suffrage and access to public service 22. Right to equal protection before the law 23. Right of minorities to enjoy their own culture, to profess and practice their religion and to use their own language Derogation from the ICCPR by a state party: in time of public emergency which threatens the life of the nation and the existence of which is officially proclaimed, to the extent strictly required by the exigencies of the situation, i. PROVIDED that measures are not inconsistent with their obligations under international law and do not involve discrimination solely on the ground of race, color, sex, language, religion or social origin Non-derogable Rights (ICCPR) even in times of national emergency: 1. Right to life 2. Freedom from torture or cruel, inhuman or degrading punishment 3. Freedom from slavery 4. Freedom from imprisonment for failure to fulfill a contractual obligation 5. Freedom from ex post facto laws 6. Right of recognition everywhere as a person before the law 7. Freedom of thought, conscience and religion ICCPR established a committee. Under Art. 40, states are required to report on the condition of civil and political rights in the country. Who can petition? State parties under Art. 41 and individuals, under the Optional Protocol to the ICCPR. Is there an opt-out clause under Art. 41? None. To avoid being a subject, make a declaration. ICSECR did not establish a committee; although reporting is required (minimum). The problem was how to legally enforce social, economic, and cultural rights. They can't be ordered by the court. ICESCR recognizes that obligations to observe such rights are resource contingent. Art. 2(1) provides the formula: "undertakes to take steps," "to maximum of available resources," "progressive realization," "by all applicable means" (i.e. legislative measures)," providing the "bench mark"it pegs the starting point for the realization of the goal (giving people their rights) Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) Art. 1. Discrimination against Women any distinction, exclusion, or restriction made of the basis of sex which has the effect or purpose or impairing or nullifying the

recognition, enjoyment or exercise by women, irrespective of their marital status, on a basis of equality of men and women, of human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field State-Parties Obligations under CEDAW (Art. 2-16) 1. Legal Measures (de jure) a. Embody the principle of equality of men and women in the national constitution and other appropriate laws b. Adopt appropriate legislative and measures prohibiting all discrimination against women, including legislation to modify or repeal discriminatory laws, regulations, customs and practices c. Adopt appropriate legislation to ensure full development and advancement of women to guarantee exercise and enjoyment of Human Rights on the basis of equality with men d. Adopt appropriate legislation to suppress all forms of traffic in women and exploitation and prostitution of women 2. Administrative Measures (de facto) a. Refrain from any discriminatory act or practice (includes public authorities and institutions) b. Adopt temporary special measures to address de facto inequality c. Modify the social and cultural patterns of conduct of men and women to eliminate practices based on the idea of inferiority (superiority of either men or women) d. Educate family as to proper social function of maternity and common responsibility in rearing children Unique Civil and Political Rights to Women, under CEDAW 1. Guarantee of civil and political rights 2. Right to acquire, change and retain nationality (not prejudiced by marriage to a foreigner) 3. Equal rights with men as regards nationality of children 4. Equal rights with men as regards freedom of movement and choice of domicile/residence Unique Economic, Social and Cultural Rights to Women, under CEDAW 1. Guarantee of Economic, Social and Cultural Rights 2. Equal Rights with men as regards education: elimination of stereotypes through coeducation, revision of textbooks, programs and teaching methods; reduction of female student drop-outs; access to information on health and well-being of families, including advice of family planning 3. Equal rights with men as regards employment 4. Prohibition against dismissals due to marriage, pregnancy or maternity leave 5. Promotion of child-care facilities; special protection to pregnant women as regards type of work 6. Equal access with men as regards health services, rights to services in connection with pregnancy, adequate nutrition during pregnancy, lactation, confinement, postnatal period 7. Right to enter into marriage, to freely choose a spouse and to enter into marriage only with free and full consent 8. Equal rights and responsibilities as parents, to freely decide number of children and access to information and education to be able to exercise their rights Rome Statute International Criminal Court

 Purpose: create a permanent tribunal which would deal with grave crimes that threaten the peace, security and well-being of the world. It is complementary to national criminal jurisdictions Jurisdiction (Art. 5) a. Genocide b. Crimes against humanity c. War crimes d. Crime of aggression Court jurisdiction over this once a provision is adopted defining this crime Genocide (Art. 6) - acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group as such: (a) Killing members of the group; (b) Causing serious bodily or mental harm to members of the group; (c) Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part; (d) Imposing measures intended to prevent births within the group; (e) Forcibly transferring children of the group to another group. Crimes against humanity (Art 7) - any of these acts when committed as part of a (1) widespread or systematic attack directed against any civilian population (2) with knowledge of the attack (a) Murder; (b) Extermination; (c) Enslavement; (d) Deportation or forcible transfer of population; (e) Imprisonment or other severe deprivation of physical liberty violating fundamental rules of international law; (f) Torture; (g) Rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization, or any other form of sexual violence of comparable gravity; (h) Persecution, against any identifiable group or collectivity on political, racial, national, ethnic, cultural, religious, gender as defined in par. 3, or other grounds, universally recognized as impermissible under international law, in connection with any act referred to in this paragraph or any crime within the jurisdiction of the Court; (i) Enforced disappearance of persons; (j) The crime of apartheid; (k) Other inhumane acts of a similar character intentionally causing great suffering, or serious injury to body or to mental or physical health. War Crimes (Art. 8) - jurisdiction in respect of war crimes in particular when committed as part of a plan or policy or as part of a large-scale commission of such crimes (a) Grave breaches of the Geneva Conventions against protected persons or property under the provisions of the relevant Geneva Convention (b) Other serious violations of the laws and customs applicable in international armed conflict, within the established framework of international law

(c) In the case of an armed conflict not of an international character, serious violations of Art. 3 common to the 4 Geneva Conventions committed against persons taking no active part in the hostilities, including members of armed forces who have laid down their arms and those placed hors de combat by sickness, wounds, detention or any other cause: (d) Par. 2 (c) applies ONLY to armed conflicts not of an international character (does not apply to internal disturbances and tensions, such as riots, isolated and sporadic acts of violence or other acts of a similar nature) Geneva Conventions (Aug. 12, 1949) o Convention (I) for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field o Convention (II) for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea o Convention (III) relative to the Treatment of Prisoners of War o Convention (IV) relative to the Protection of Civilian Persons in Time of War

International Humanitarian Law (IHL) Concept: IHL began with the Battle of Solferino, wherein the soldiers were left to die and rot in the freezing rain and mud. Society reacted negatively, and made rules to govern conduct in war. Two principles emerged regarding regulation: 1. Jus ad bellum - cause of war 2. Jus in bello - conduct of war Jus ad bellum is the Just War Theory, (a war is just because one is fighting for the right cause). But by WWII, this became pass already, and there was intellectual shift from jus ad bellum to jus in bello. IHL was impossible under jus ad bellum because it was too hard to get into the causes of war. It was decided that the conduct of hostilities should be regulated instead. Thus, the birth of IHL. IHL is administered by the International Committee of the Red Cross (ICRC). Principles of IHL: Discrimination you should protect the civilians, POWs, hors de combat. Notice that the last two applyto only international armed conflict Proportionality - the means chosen and the military objective. The solution must be proportionate to the problem. Only when you declare the presence of armed conflict will IHL come into play. Otherwise, the RPC applies. Controlling documents for IHL: 1949 Geneva Convention

Common Art. 2 - Geneva Convention only applies to international armed conflict Common Art. 3 - limited application to non-international armed conflicts However, most victims were of non-international conflicts, so 1978 Protocol was written Protocol I: for international conflict Protocol II: non-international conflicts; more protection but independence movements didn't want to be classified under them. As a compromise, Protocol I included independence movements.