Individuals and international law

1
Individuals and international law

• Lecture 22
• March 9

2
ASSIGNMENTS-1

• March 11
• International Criminal Law p.395
• ICC http//www.icc-cpi.int/Menus/ICC/
• Rome Statute of the ICC http//www.icc-cpi.int/NR
  /rdonlyres/EA9AEFF7-5752-4F84-BE94-0A655EB30E16/0/
  Rome_Statute_English.pdf
• You need to read Articles 1-21, at least.
• Find out which article states that ICC takes
  cases where the state is unwilling or unable to
  prosecute
• Who are the judges of the ICC -
  http//www.icc-cpi.int/chambers/judges.htmlfdd
• MARCH 16 Quiz-3
• Wednesday, April 1 Guest Speaker
• Professor Kanner Terrorism and International
  Law
• Attendance compulsory
• Today
• Individuals and International Law

3
International Human Rights Law (Background
information)

• 1. Human rights and municipal law rights of
  individuals against the abuses of govt.
• - Locke English philosopher social compact-
  Two Treatises of Government 1690 - human rights
  not govt came first social compact for the
  mutual preservation of their lives,
  liberties and estates
• - English division of powers unwritten Const.
  was elaborated and popularized by French
  philosopher Montesquieu, then Rousseau talked of
  the revolutionary potential of human rights.
• Followed by democratic revolutions in America -
  US Declaration of Independence and throughout
  Europe.

4
UN Charter

• UN Charter Art. 1, para.3 one of its principle
  purposes the promotion and protection of human
  rights.
• UN Charter Art. 55 and 56 foundation of modern
  human rights law.
• Quick emergence of the rules of intl human rights
  law
• But development of effective intl hum rights
  legal process more gradual
• - creating enforcement mechanisms at the level
  of UN
• - regional human rights systems, especially
  Europe

5
Human Rights

• What part of the UN Charter could be used to
  argue against human rights?
• Interference in domestic affairs

6
International Bill of Rightshttp//www.unhchr.ch/
html/intlinst.htm

• 1. Universal Declaration on Human Rights 1948
  UNGA adopted it unanimously
• 2. Intl Covenant on Civil and Political Rights,
  1966 US is a party
• 3. Int Covenant on Economic, Social and Cultural
  Rights 1966 US not a party
• Optional Protocol to the Civil and Political
  Covenant US not a party
• Second Optional Protocol to the Civil and
  Political Covenant Aiming at the Abolition of the
  Death Penalty - US not a party

7
Treaty-based and charter-based bodies

• Treaty-based
• Human Rights Committee
• - Art. 28 International Covenant on Civil and
  Political Rights
• Charter-based Rights
• Commission on Human Rights
• - established by ECOSOC in 1946
• Replaced by the Human Rights Council established
  by General Assembly resolution in2006

8
International Human Rights Law

• 1st generation of rights
• Intl Covenant on Civil and polit rights
• 2nd generation of rights
• Int Covenant on economic, social, and cultural
  rights
• 3rd generation rights
• no covenant - collective rights to peace,
  development, and a healthy environment

9
Regional Human Rights Entities

• Organization of American States
• Inter-American Commission on Human Rights
  Washington D.C.
• Inter-American Court on Human Rights - San
  Jose, Costa Rica
• Council of Europe
• European Court of Human Rights

10
Organization of American StatesHuman Rights
Branch

• A. Inter-American Commission on Human Rights
  seven members
• 1) Receives petitions from individuals
• 2) Can publish a report of its recommendations
  or to take the case to the
• B. Inter-American Court on Human Rights
  established 1979
• only receives cases from the Commission or
  States, not individuals

11
OASLegal Instruments on Human Rights

• American Declaration of Rights and Duties of Man
  (American Declaration) adopted 1948
• The American Convention on Human Rights 25
  parties (US is not a Party)

12
European Human Rights Law

• What is the difference between the Council of the
  European Union, the European Council and the
  Council of Europe?  Which one adopted the
• European Convention on Human Rights

13
European Institutions

• Distinguish between
• EU (European Union) institutions -
  Council of the European Union
• (legislative arm of EU, together with EU
  Parliament) - European Council meeting of
  heads of state of EU members
• Council of Europe (separate organization)
  adopted the
• - The European Convention on Human Rights in
  1950

14
Council of Europe

• Adopted the European Convention on Human Rights
  in 1950
• http//www.coe.int
• International organization in its own right. Its
  headquarters are in Strasbourg.
• 47 member states including all EU states
• Any European state can become a member of the
  Council of Europe provided it accepts the
  principle of the rule of law and guarantees human
  rights and fundamental freedoms to everyone under
  its jurisdiction

15
European Court of Human Rights

• Individuals can bring a case directly

16
Soering case

• Issue Would the extradition of an applicant to a
  state where he faces capital murder charges
  (possible death penalty) violate his human rights
  under the European Convention on Human Rights
  (art.3)

17
Soering case

• IN the event of the alleged criminals
  extradition, there would be a violation of Art.3
  of the Europ. Conv. on HR. The Ct. ruled that
  under Art. 3 of the Europ. Conv. on HR the UK
  could not extradite a person to the US to be
  tried for a capital offense because of the
  possibility real risk - that upon conviction
  the person would be confined on death row which
  is inhuman and degrading and would violate Art.
  3.