SOURCES OF INTERNATIONAL HUMAN RIGHTS LAW

International human rights law refers to the body of international law

designed to promote and protect human rights at the international, regional and
domestic levels. International human rights law primarily consists of treaties and
customary international law. Other international human rights instruments, while
not legally binding, contribute to the implementation, understanding, and
development of international human rights law.

BASIS: Article 38 (1) of the statute of International Court of Justice (ICJ) enumerate the the sources of
human rights laws as follows, to wit:
1. INTERNATIONAL AGREEMENTS
2. INTERNATIONAL CUSTOMS
3. GENERAL PRINCIPLES OF LAW RECOGNIZED BY THE COMMUNITY
4. JUDICIAL DECISIONS AND THE TEACHINGS OF THE MOST HIGHLY QUALLIFIED PUBLICISTS

I. INTERNATIONAL CONVENTIONS

a. Known as TREATIES but usually called CONVENTIONS or Covenants
b. VIENNA Convention: treaty as a legally binding written agreement concluded between states
and a subsequent or supplement agreement to an existing treaty is referred as PROTOCOL.
A treaty may be either self-executing or non-self-executing, depending upon whether
domestic legislation must be enacted in order for the treaty to be judicially enforceable. Self-
executing treaties are effective immediately without the need for ancillary legislation. Non-self-
executing treaties are also effective immediately as a matter of internal law, but require
implementing legislation to be enforceable by a private party in court.
Treaties go by a variety of names, including convention, protocol, covenant and accord. The
various designations generally indicate a difference in procedure, or a greater or a lesser degree
of formality. You should keep in mind that all of these documents, regardless of their formal
designation, are considered treaties that are binding under international law.
States consent to be bound by atreaty is expressed through RATIFICATION, APPROVAL, or
ACCEPTANCE.
The act of merely signing a treaty is not enough to bind a state
Once it was signed, the state is bound faithfully to comply with its treaty obligations under
the doctrine of PACTA SUNT SERVANDA must be performed in good faith

Once a treaty has entered into force and is binding upon the States parti es, these must
perform the treaty obligations in good faith (pacta sunt servanda). This implies, inter alia, that a
State cannot avoid responsibility under international law by invoking the provisions of its
internal laws to justify its failure to perform its international legal obligations. Moreover, in
international human rights law, State responsibility is strict in that States are responsible for
violations of their treaty obligations even where they were not intentional.

II. INTERNATIONAL CUSTOMARY LAW
International custom, as evidence of a general practice accepted as law
Customary international law consists of principles that nations acknowledge as binding
legal norms, in the absence of a treaty or other legal obligation
Prior to World War II, treaties were less popular, and custom was often viewed as the
principle source of international law, which primarily consisted of doctrines, principles
and rules developed through the customary practice of states
State practice must be constant and uniform
A State that is not a party to the Convention on the Law of Treaties is still obliged to
observe customary law on treaties
REQUISITES:
1. Objective Element settled Practices of a State
2. Subjective Element- belief that this practice is rendered obligatory by the existence of a rule of
law requiring it
there must be a belief among States as to the legally binding nature of this practice

III. JUS COGENS
Fundamental norm is superior to other sources of international treaties
Compelling Law
Highest in the Heirarchical position in other norms and principles
They are valid because it affects the interests of the world community as a whole in terms of
peace and security of mankind
VIENAA CONVENTION: Art. 53, A treaty is void if, at the time of its conclusion, it conflicts with a
preemptory norm of general international law
CHARACTERISTICS:
1. Peremptory demands an immediate obedience to an order
2. Non-derogable no one is exempted
ELEMENTS:
1. It is a peremptory norm of general international law
a. General International law is an International Law that is binding on most, if not all,
states. It is a law which governs the International Community in general
b. Vs. Regional binding upon or from geographical region
c. Vs. Particular which is only to few States
d. It has a limited effect only between identified or signatory parties
Rule: every treaty has an effect and it is binding upon the parties, however such treaty is limited by the
fact that there is no overriding rule prohibiting derogation
- Not all norms of general international law have the character of JUS COGENS

2. It is accepted and recognized by international community
a. Either expressed or Implied
b. Rule: it must be RECOGNIZED by the International Community
3. There can be no derogation therefrom
4. It can be modified only by a subsequent norm of general international law having the same
character
EFFECTS:
1. Elimination of the possible consequences of any act performed
2. Bring their mutual relations into conformity
3. Party is released from any obligation
4. It does not affect any rights, obligations or legal relations of the parties

There will be a specific impact on a treaty which is found to be in violation of an identified
Norm.
CRIMES:
1. Aggression
2. Genocide
3. Crimes against humanity
4. War crimes
5. Piracy
6. Slavery and slave-related practices
7. torture
IV. OBLIGATION ERGA OMNES
Flowing to All
Pertains to legal implications arising out from a Jus Cogens
It is not a cause but an implication
These are obligations that are owed by the states to all
HUMAN RIGHTS LAW is violated all the states have a legal interest in their protection, for they
are obligations owed by the state to the community of the state.

V. UNIVERSAL JURISDICTION by Belgium in 1993
It refers to JUS COGENS and ERGA OMNES because it transcends boundaries
A state may prosecute a crime committed elsewhere if such crime is a Jus Cogens Crime
Disadvantage: it is deemed an intervention of a states sovereignty over its citizens

VI. ACTIO POPULARIS who may prosecute
By another person
By a group of persons for the benefit of another
NGOs of good standing in the International Community in behalf of the victims who do not have
means to do so
Not an obligation like erga omnes
Is a rule of procedure in bringing suits on behalf of another

- International Convention on Civil and Political Rights March 23, 1976
o It commits its parties to respect the civil and political rights of individuals, including the
right to life, freedom of religion, freedom of speech, freedom of assembly, electoral
rights and rights to due process and a fair trial
- International Conventions on Economic, Social and Cultural Rights January 3,
1976
o It commits its parties to work toward the granting of economic, social, and cultural
rights (ESCR) to the Non-Self-Governing and Trust Territories and individuals, including
labour rights and the right to health, the right to education, and the right to an
adequate standard of living
- Convention against torture and Other Cruel, Inhuman and Degrading Treatment or
Punishment june 26, 1987
o that aims to prevent torture and cruel, inhuman degrading treatment or punishment
around the world
- International Convention on the Elimination of all forms of Racial Discrimination
Jan. 4, 1969
o to the elimination of racial discrimination and the promotion of understanding among
all races.
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Controversially, the Convention also requires its parties to outlaw hate
speech and criminalize membership in racist organizations
- Convention on the Rights of the Child sept. 20, 1990
o defines a child as any human being under the age of eighteen, unless the age of majority
is attained earlier under a state's own domestic legislation
o The First Optional Protocol restricts the involvement of children in military conflicts, and
the Second Optional Protocol prohibits the sale of children, child prostitution and child
pornography. Both protocols have been ratified by more than 150 states
- International Convention on the protection of the Rights of All Migrant workers and Members of
their Families july 1, 2003
o . The Convention aims at protecting migrant workers and members of their families; its
existence sets a moral standard, and serves as a guide and stimulus for the promotion of
migrant rights in each countryThe primary objective of the Convention is to foster
respect for migrants human rights. Migrants are not only workers, they are also human
beings. The Convention does not create new rights for migrants but aims at
guaranteeing equality of treatment, and the same working conditions for migrants and
nationals. The Convention innovates because it relies on the fundamental notion that all
migrants should have access to a minimum degree of protection. The Convention
recognizes that legal migrants have the legitimacy to claim more rights than
undocumented migrants, but it stresses that undocumented migrants must see their
fundamental human rights respected, like all human beings
- CEDAW
o Any distinction, exclusion or restriction made on the basis of sex which has the
effect or purpose of 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.
o It also establishes an agenda of action for putting an end to sex-based
discrimination:
o States must take measures to seek to eliminate prejudices and customs based on
the idea of the inferiority or the superiority of one sex or on stereotyped role for
men and women.
o States ratifying the Convention are required to enshrine gender equality into their
domestic legislation, repeal all discriminatory provisions in their laws, and enact
new provisions to guard against discrimination against women. However, special
protection for maternity is not regarded as gender discrimination (Article 4).
Appropriate measures, including legislation, to suppress all forms of trafficking in
women and forced prostitution are also not regarded as gender discrimination
(Article 6). Equal opportunity in education for female students is required, and
coeducation is encouraged. (Article 10). States ratifying the Convention must also
establish tribunals and public institutions to guarantee women effective protection
against discrimination, and take steps to eliminate all forms of discrimination
practiced against women by individuals, organizations, and enterprises (Article
2,(e)).
o
- International Convention for the Protection of All Persons from Enforced Disappearances 2006
- "Enforced disappearance" is defined in Article 2 of the Convention as the arrest,
detention, abduction or any other form of deprivation of liberty by agents of the State or
by persons or groups of persons acting with the authorization, support or acquiescence of
the State, followed by a refusal to acknowledge the deprivation of liberty or by
concealment of the fate or whereabouts of the disappeared person, which place such a
person outside the protection of the law.
Article 1 of the Convention further states that
- No exceptional circumstances whatsoever, whether a state of war or a threat of war,
internal political instability or any other public emergency, may be invoked as a
justification for enforced disappearance.
- The widespread or systematic use of enforced disappearance is further defined as a crime
against humanity in Article 6
o
- International Convention on the Protection and promotion of the rights and dignity of persons
with disabilities
o the rights and dignity of persons with disabilities. Parties to the Convention are required
to promote, protect, and ensure the full enjoyment of human rights by persons with
disabilities and ensure that they enjoy full equality under the law
o In addition, parties to the Convention must raise awareness of the human rights of
persons with disabilities (Article 8), and ensure access to roads, buildings, and
information