1.
International law
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Public international law concerns the structure and conduct of sovereign states, analogous entities, such as the Holy See, and intergovernmental organizations. To a lesser degree, international law also may affect multinational corporations and individuals, the field of study combines two main branches, the law of nations and international agreements and conventions. The Italian jurist Sir Alberico Gentili was the first to write on public international law and it is usually distinguished from private international law, which concerns the resolution of conflict of laws. The concept of nationalism became increasingly important as people began to see themselves as citizens of a nation with a distinct national identity. Men who take up arms against one another in public war do not cease on this account to be moral beings, responsible to one another and it does not admit of the use of poison in any way, nor of the wanton devastation of a district. It admits of deception, but disclaims acts of perfidy, and, in general, because international law is a relatively new area of law its development and propriety in applicable areas are often subject to dispute. Under article 38 of the Statute of the International Court of Justice, in addition, judicial decisions and teachings may be applied as subsidiary means for the determination of rules of law. International treaty law comprises obligations states expressly and voluntarily accept between themselves in treaties, customary international law is derived from the consistent practice of States accompanied by opinio juris, i. e. the conviction of States that the consistent practice is required by a legal obligation. Judgments of international tribunals as well as scholarly works have traditionally looked to as persuasive sources for custom in addition to direct evidence of state behavior. Attempts to codify customary international law picked up momentum after the Second World War with the formation of the International Law Commission, codified customary law is made the binding interpretation of the underlying custom by agreement through treaty. For states not party to treaties, the work of the ILC may still be accepted as custom applying to those states. General principles of law are commonly recognized by the major legal systems of the world. Certain norms of international law achieve the binding force of peremptory norms as to all states with no permissible derogations. Colombia v Perú ICJ6, recognising custom as a source of international law, belgium v Spain ICJ1, only the state where a corporation is incorporated has standing to bring an action for damages for economic loss. Where there are disputes about the meaning and application of national laws. The subjective approach, which takes into consideration i. the idea behind the treaty, ii. treaties in their context, what the writers intended when they wrote the text. A third approach, which bases itself on interpretation in the light of its object and purpose, i. e. the interpretation that best suits the goal of the treaty and these are general rules of interpretation, specific rules might exist in specific areas of international law. Greece v United Kingdom ICJ1, ICJ had no jurisdiction to hear a dispute between the UK government and a private Greek businessman under the terms of a treaty
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Human rights
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Human rights are moral principles or norms, which describe certain standards of human behaviour, and are regularly protected as legal rights in municipal and international law. They are applicable everywhere and at time in the sense of being universal. They require empathy and the rule of law and impose an obligation on persons to respect the rights of others. They should not be taken away except as a result of due process based on circumstances, for example, human rights may include freedom from unlawful imprisonment, torture. The doctrine of human rights has been influential within international law. Actions by states and non-governmental organizations form a basis of public policy worldwide, the idea of human rights suggests that if the public discourse of peacetime global society can be said to have a common moral language, it is that of human rights. The strong claims made by the doctrine of human rights continue to provoke considerable skepticism and debates about the content, nature, ancient peoples did not have the same modern-day conception of universal human rights. Whereas recognition of the inherent dignity and of the equal and inalienable rights of all members of the family is the foundation of freedom. All human beings are free and equal in dignity and rights. According to Jack Donnelly, in the ancient world, traditional societies typically have had elaborate systems of duties, conceptions of justice, political legitimacy, and human flourishing that sought to realize human dignity, flourishing, or well-being entirely independent of human rights. These institutions and practices are alternative to, rather than different formulations of, one theory is that human rights were developed during the early Modern period, alongside the European secularization of Judeo-Christian ethics. The most commonly held view is that the concept of human rights evolved in the West, for example, McIntyre argues there is no word for right in any language before 1400. One of the oldest records of rights is the statute of Kalisz, giving privileges to the Jewish minority in the Kingdom of Poland such as protection from discrimination. Samuel Moyn suggests that the concept of rights is intertwined with the modern sense of citizenship. The earliest conceptualization of human rights is credited to ideas about natural rights emanating from natural law, in particular, the issue of universal rights was introduced by the examination of extending rights to indigenous peoples by Spanish clerics, such as Francisco de Vitoria and Bartolomé de Las Casas. In Britain in 1689, the English Bill of Rights and the Scottish Claim of Right each made illegal a range of oppressive governmental actions, additionally, the Virginia Declaration of Rights of 1776 encoded into law a number of fundamental civil rights and civil freedoms. These were followed by developments in philosophy of human rights by philosophers such as Thomas Paine, John Stuart Mill, hegel during the 18th and 19th centuries. Although the term had been used by at least one author as early as 1742, in the 19th century, human rights became a central concern over the issue of slavery
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Treaties
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A treaty is an agreement under international law entered into by actors in international law, namely sovereign states and international organizations. A treaty may also be known as an agreement, protocol, covenant, convention, pact, or exchange of letters, regardless of terminology, all of these forms of agreements are, under international law, equally considered treaties and the rules are the same. A treaty is an official, express written agreement that states use to bind themselves. Since the late 19th century, most treaties have followed a consistent format. A treaty typically begins with a preamble describing the parties and their joint objectives in executing the treaty. Modern preambles are sometimes structured as a very long sentence formatted into multiple paragraphs for readability. The end of the preamble and the start of the agreement is often signaled by the words have agreed as follows. After the preamble comes numbered articles, which contain the substance of the actual agreement. Each article heading usually encompasses a paragraph, a long treaty may further group articles under chapter headings. The date is written in its most formal, longest possible form. For example, the Charter of the United Nations was DONE at the city of San Francisco the twenty-sixth day of June, one nine hundred. If the treaty is executed in multiple copies in different languages, that fact is always noted, the signatures of the parties representatives follow at the very end. Bilateral treaties are concluded between two states or entities, each of these treaties has seventeen parties. These however are still bilateral, not multilateral, treaties, the parties are divided into two groups, the Swiss and the EU and its member states. The treaty establishes rights and obligations between the Swiss and the EU and the member states severally—it does not establish any rights and obligations amongst the EU, a multilateral treaty is concluded among several countries. The agreement establishes rights and obligations between each party and every other party, Treaties of mutual guarantee are international compacts, e. g. the Treaty of Locarno which guarantees each signatory against attack from another. Reservations are essentially caveats to an acceptance of a treaty. Reservations are unilateral statements purporting to exclude or to modify the legal obligation and these must be included at the time of signing or ratification, i. e. a party cannot add a reservation after it has already joined a treaty
4.
Sovereign state
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A sovereign state is, in international law, a nonphysical juridical entity that is represented by one centralized government that has sovereignty over a geographic area. International law defines sovereign states as having a permanent population, defined territory, one government, and it is also normally understood that a sovereign state is neither dependent on nor subjected to any other power or state. The existence or disappearance of a state is a question of fact, States came into existence as people gradually transferred their allegiance from an individual sovereign to an intangible but territorial political entity, of the state. States are but one of political orders that emerged from feudal Europe, others being city states, leagues. Westphalian sovereignty is the concept of sovereignty based on territoriality. It is a system of states, multinational corporations. Sovereignty is a term that is frequently misused and that position was reflected and constituted in the notion that their sovereignty was either completely lacking, or at least of an inferior character when compared to that of civilised people. Lassa Oppenheim said There exists perhaps no conception the meaning of which is more controversial than that of sovereignty. It is a fact that this conception, from the moment when it was introduced into political science until the present day, has never had a meaning which was universally agreed upon. In the opinion of H. V. Evatt of the High Court of Australia, sovereignty is neither a question of fact, nor a question of law, but a question that does not arise at all. The right of nations to determine their own status and exercise permanent sovereignty within the limits of their territorial jurisdictions is widely recognized. The Westphalian model of sovereignty has increasingly come under fire from the non-west as a system imposed solely by Western Colonialism. What this model did was make religion a subordinate to politics and this system does not fit in the Islamic world because concepts such as separation of church and state and individual conscience are not recognised in the Islamic religion as social systems. Nation denotes a people who are believed to or deemed to share common customs, religion, language, origins, however, the adjectives national and international are frequently used to refer to matters pertaining to what are strictly sovereign states, as in national capital, international law. State refers to the set of governing and supportive institutions that have sovereignty over a definite territory, State recognition signifies the decision of a sovereign state to treat another entity as also being a sovereign state. Recognition can be expressed or implied and is usually retroactive in its effects. It does not necessarily signify a desire to establish or maintain diplomatic relations, There is no definition that is binding on all the members of the community of nations on the criteria for statehood. In actual practice, the criteria are mainly political, not legal, in international law, however, there are several theories of when a state should be recognised as sovereign
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International humanitarian law
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International humanitarian law is the law that regulates the conduct of war. IHL is inspired by considerations of humanity and the mitigation of human suffering and it includes the Geneva Conventions and the Hague Conventions, as well as subsequent treaties, case law, and customary international law. It is designed to balance humanitarian concerns and military necessity, and subjects warfare to the rule of law by limiting its destructive effect, serious violations of international humanitarian law are called war crimes. International humanitarian law, jus in bello, regulates the conduct of forces engaged in war or armed conflict. It is distinct from jus ad bellum which regulates the conduct of engaging in war or armed conflict and includes crimes against peace, together the jus in bello and jus ad bellum comprise the two strands of the laws of war governing all aspects of international armed conflicts. The law is mandatory for nations bound by the appropriate treaties, there are also other customary unwritten rules of war, many of which were explored at the Nuremberg War Trials. By extension, they also both the permissive rights of these powers as well as prohibitions on their conduct when dealing with irregular forces and non-signatories. International humanitarian law operates on a division between rules applicable in international armed conflict and internal armed conflict. The relationship between human rights law and international humanitarian law is disputed among international law scholars. This discussion forms part of a discussion on fragmentation of international law. In a nutshell, those who favor separate, self-contained regimes emphasize the differences in applicability, international humanitarian law applies only during armed conflict. Modern international humanitarian law is made up of two streams, The law of The Hague, referred to in the past as the law of war proper. Both are branches of jus in bello, international law regarding acceptable practices while engaged in war and armed conflict. The Law of The Hague, or the laws of war proper, determines the rights and duties of belligerents in the conduct of operations and limits the choice of means in doing harm. In particular, it concerns itself with the definition of combatants, establishes rules relating to the means and methods of warfare, systematic attempts to limit the savagery of warfare only began to develop in the 19th century. Such concerns were able to build on the view of warfare by states influenced by the Age of Enlightenment. The purpose of warfare was to overcome the enemy state, which could be done by disabling the enemy combatants, the massacre of civilians in the midst of armed conflict has a long and dark history. These date back to ancient times, in the Old Testament, the King of Israel prevents the slaying of the captured, following the prophet Elishas admonition to spare enemy prisoners
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Convention Relating to the Status of Refugees
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The Convention also sets out which people do not qualify as refugees, such as war criminals. The Convention also provides for some travel for holders of travel documents issued under the convention. The Refugee Convention builds on Article 14 of the 1948 Universal Declaration of Human Rights, a refugee may enjoy rights and benefits in a state in addition to those provided for in the Convention. The Convention was approved at a special United Nations conference on 28 July 1951, denmark was the first state to ratify the treaty on 4 December 1952, which entered into force on 22 April 1954. It was initially limited to protecting European refugees from before 1 January 1951, as at 1 July 2013, there were 145 parties to the Convention, and 146 to the Protocol. Most recently, the President of Nauru, Marcus Stephen, signed both the Convention and the Protocol on 17 June 2011 and acceded on 28 June 2011. Madagascar and Saint Kitts and Nevis are parties only to the Convention, while Cape Verde, the United States of America and Venezuela are parties only to the Protocol. Since the US ratified the Protocol in 1968, it undertook a majority of the spelled out in the original 1951 document. The rights promulgated by the Convention generally still stand today, nevertheless, ideas like the principle of non-refoulement are still applied today, with the 1951 Convention being the hallmark of such rights. Several groups have built upon the 1951 Convention to create an objective definition. While their terms differ from those of the 1951 Convention, the Convention has significantly shaped the new, in the general principle of international law, treaties in force are binding upon the parties to it and must be performed in good faith. Countries that have ratified the Refugee Convention are obliged to protect refugees that are on their territory, there are a number of provisions that States parties to the Refugee Convention must adhere to. Provide information on any national legislation they may adopt to ensure the application of the Convention and it is widely accepted that the prohibition of forcible return is part of customary international law. This means that even States that are not party to the 1951 Refugee Convention must respect the principle of non-refoulement, therefore, States are obligated under the Convention and under customary international law to respect the principle of non-refoulement. If and when this principle is threatened, UNHCR can respond by intervening with relevant authorities, and if it deems necessary, will inform the public
7.
Convention on the Rights of the Child
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The United Nations Convention on the Rights of the Child is a human rights treaty which sets out the civil, political, economic, social, health and cultural rights of children. The Convention defines a child as any human being under the age of eighteen, Nations that ratify this convention are bound to it by international law. Compliance is monitored by the UN Committee on the Rights of the Child and their reports and the committees written views and concerns are available on the committees website. The UN General Assembly adopted the Convention and opened it for signature on 20 November 1989 and it came into force on 2 September 1990, after it was ratified by the required number of nations. Currently,196 countries are party to it, including member of the United Nations except the United States. Two optional protocols were adopted on 25 May 2000, 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 160 states, a third optional protocol relating to communication of complaints was adopted in December 2011 and opened for signature on 28 February 2012. It came into effect on 14 April 2014, the Convention deals with the child-specific needs and rights. It requires that the nations that ratify this convention are bound to it by international law, ratifying states must act in the best interests of the child. The Convention obliges states to allow parents to exercise their parental responsibilities, the Convention forbids capital punishment for children. The European Court of Human Rights has referred to the Convention when interpreting the European Convention on Human Rights, global human rights standards were challenged at the World Conference on Human Rights in Vienna when a number of governments raised serious objections to the idea of universal human rights. Some scholars link slavery and slavery-like practices for many child marriages, Child marriage as slavery is not directly addressed by the Convention on the Rights of the Child. Currently 196 countries are parties to the treaty and this includes every member of the United Nations, plus the Cook Islands, Niue, the State of Palestine, and the Holy See. The United States has not ratified it, somalias domestic ratification finished in January 2015 and the instrument was deposited with the United Nations in October 2015. All successor states of Czechoslovakia and Yugoslavia made declarations of succession to the treaty, the convention does not apply in the territories of Akrotiri and Dhekelia, Gibraltar, Guernsey and Tokelau. Canada became a signatory to the Convention on 28 May 1990, Youth criminal laws in Canada underwent major changes resulting in the Youth Criminal Justice Act which went into effect on 1 April 2003. The Act specifically references Canadas different commitments under the Convention, the convention was influential in the administrative Law decision of Baker v Canada. India ratified UNCRC on 11 December 1992, agreeing in principles all articles except with certain reservations on issues relating to child labor
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Third Geneva Convention
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The Third Geneva Convention, relative to the treatment of prisoners of war, is one of the four treaties of the Geneva Conventions. The Geneva Convention relative to the Treatment of Prisoners of War was first adopted in 1929 and it defines humanitarian protections for prisoners of war. They shall furthermore be bound by the Convention in relation to the said Power, if the latter accepts, Article 3 has been called a Convention in miniature. It is the article of the Geneva Conventions that applies in non-international conflicts. The passing of sentences must also be pronounced by a regularly constituted court, Article 3s protections exist even if one is not classified as a prisoner of war. Article 3 also states that parties to the conflict should endeavour to bring into force, by means of special agreements. Article 4 defines prisoners of war to include,4.1.1 Members of the forces of a Party to the conflict. 4.1.3 Members of regular armed forces who profess allegiance to a government or an authority not recognised by the Detaining Power. 4.1.4 Civilians who have non-combat support roles with the military,4.1.5 Merchant marine and the crews of civil aircraft of the Parties to the conflict, who do not benefit by more favourable treatment under any other provisions of international law. 4.3 makes explicit that Article 33 takes precedence for the treatment of personnel of the enemy. Article 5 specifies that prisoners of war are protected from the time of their capture until their final repatriation and this part of the convention covers the status of prisoners of war. Article 12 states that prisoners of war are the responsibility of the state, not the persons who capture them, Articles 13 to 16 state that prisoners of war must be treated humanely without any adverse discrimination and that their medical needs must be met. This part is divided into sections, Section 1 covers the beginning of captivity. It dictates what information a prisoner must give and interrogation methods that the power may use, No physical or mental torture. It dictates what private property a prisoner of war may keep and it goes into details about such things as the accommodation, medical facilities, and that even if the prisoner of war works for a private person the military authority remains responsible for them. Rates of pay for work done are covered by Article 62 in the next section, Section 4 covers the financial resources of prisoners of war. Section 5 covers the relations of prisoners of war with the exterior and this covers the frequency of which a prisoner of war can send and receive post, including parcels. The Detaining power has the right to all mail
9.
General Assembly of the United Nations
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The United Nations General Assembly is one of the six principal organs of the United Nations and the only one in which all member nations have equal representation. The General Assembly is the deliberative, policymaking and representative organ of the UN. It has also established a number of subsidiary organs. It can also reconvene for special and emergency special sessions and its composition, functions, powers, voting, and procedures are set out in Chapter IV of the United Nations Charter. The first session was convened on 10 January 1946 in the Methodist Central Hall in London, other questions are decided by a straightforward majority. Each member country has one vote, apart from approval of budgetary matters, including adoption of a scale of assessment, Assembly resolutions are not binding on the members. The Assembly may make recommendations on any matters within the scope of the UN, except matters of peace, the one state, one vote power structure potentially allows states comprising just five percent of the world population to pass a resolution by a two-thirds vote. During the 1980s, the Assembly became a forum for the North-South dialogue and these issues came to the fore because of the phenomenal growth and changing makeup of the UN membership. In 1945, the UN had 51 members and it now has 193, of which more than two-thirds are developing countries. Because of their numbers, developing countries are able to determine the agenda of the Assembly, the character of its debates. For many developing countries, the UN is the source of much of their diplomatic influence, the Assembly can consider the matter immediately with a view to making recommendations to Members for collective measures to maintain or restore international peace and security. The first session of the UN General Assembly was convened on 10 January 1946 in the Methodist Central Hall in London, the next few annual sessions were held in different cities, the second session in New York, and the third session was in Paris. It moved to the permanent United Nations Headquarters in New York at the start of its seventh regular annual session, on 14 October 1952. In December 1988, in order to hear Yasser Arafat, the General Assembly organised its 29th session in the Palace of Nations, all 193 members states of the United Nations are members of the General Assembly. The agenda for each session is planned up to seven months in advance and this is refined into a provisional agenda 60 days before the opening of the session. Items on the agenda are numbered, the General Assembly votes on many resolutions brought forth by sponsoring states. These are generally statements symbolizing the sense of the community about an array of world issues. Most General Assembly resolutions are not enforceable as a legal or practical matter, the General Assembly has authority to make final decisions in some areas such as the United Nations budget
10.
United Nations Human Rights Council
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The United Nations Human Rights Council is a United Nations System inter-governmental body responsible for promoting and protecting human rights around the world. Its 47 seats are filled by member states elected for three-year terms, the UNHRC is the successor to the UN Commission on Human Rights, and is a subsidiary body of the UN General Assembly. The council works closely with the Office of the High Commissioner for Human Rights, the UNHRC addresses human rights-related situations in all UN member states. The United States boycotted the Council during the George W. Bush administration, beginning in 2009 however, with the United States taking a leading role in the organization, American commentators began to argue that the UNHRC was becoming increasingly relevant. The UN General Assembly elects the members who occupy the UNHRCs 47 seats, the General Assembly takes into account the candidate States’ contribution to the promotion and protection of human rights, as well as their voluntary pledges and commitments in this regard. The term of each seat is three years, and no member may occupy a seat for more than two consecutive terms, the resolution establishing the UNHRC states that members elected to the Council shall uphold the highest standards in the promotion and protection of human rights. On 18 June 2007, one year after holding its first meeting, the UNHRC adopted its Institution-building package, among the elements was the Universal Periodic Review. The Universal Periodic Review assesses the human rights situations in all 193 UN Member States, a further element is a Complaint procedure, which allows individuals and organizations to bring complaints about human rights violations to the attention of the Council. The members of the General Assembly elect the members who occupy the UNHRCs 47 seats, the term of each seat is three years, and no member may occupy a seat for more than two consecutive terms. The previous CHR had a membership of 53 elected by the Economic and Social Council through a majority of those present, the suspension process requires a two-thirds majority vote by the General Assembly. The UNHRC holds regular sessions three times a year, in March, June, and September, the UNHRC can decide at any time to hold a special session to address human rights violations and emergencies, at the request of one-third of the member states. To date there have been 20 Special Sessions, Members of the UNHRC are elected to staggered three-year terms. Current Previous The first election of members was held on 9 May 2006 and their terms of office began on 19 June 2006. On 19 May, it was announced that Mexico would serve as the Councils chair during its first year of existence. 2010 Group The replacement for the 2007 Group was duly elected by the General Assembly on 17 May 2007, known as the 2010 Group, in this election, Angola and Egypt were elected to the council, whereas Belarus was rejected. 2011 Group, The replacement for the 2008 Group was duly elected by the General Assembly on 21 May 2008, known as the 2011 Group, the year when their terms expire. 2012 Group, The replacement for the 2009 Group was duly elected by the General Assembly on 12 May 2009, known as the 2012 Group, the year when their terms expire. 2013 Group, The replacement for the 2010 Group was duly elected by the General Assembly on 13 May 2010, known as the 2013 Group, the year when their terms expire
11.
Universal Declaration of Human Rights
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The Universal Declaration of Human Rights is a declaration adopted by the United Nations General Assembly on 10 December 1948 at the Palais de Chaillot, Paris. The full text is available on the United Nations website, in 1966, the General Assembly adopted the two detailed Covenants, which complete the International Bill of Human Rights. In 1976, after the Covenants had been ratified by a sufficient number of individual nations, during World War II, the Allies adopted the Four Freedoms—freedom of speech, freedom of religion, freedom from fear, and freedom from want—as their basic war aims. A universal declaration that specified the rights of individuals was necessary to effect to the Charters provisions on human rights. In June 1946, the UN Economic and Social Council established the Commission on Human Rights, the Commission on Human Rights, a standing body of the United Nations, was constituted to undertake the work of preparing what was initially conceived as an International Bill of Rights. The commission established a special Universal Declaration of Human Rights Drafting Committee, chaired by Eleanor Roosevelt, the committee met in two sessions over the course of two years. At the time, Humphrey was newly appointed as Director of the Division of Human Rights within the United Nations Secretariat, other well-known members of the drafting committee included René Cassin of France, Charles Malik of Lebanon, P. C. Chang of the Republic of China, Humphrey provided the initial draft which became the working text of the Commission. According to Allan Carlson in Globalizing Family Values, the Declarations pro-family phrases were the result of the Christian Democratic movements influence on Cassin, during these discussions many amendments and propositions were made by UN Member States. British representatives were extremely frustrated that the proposal had moral but no legal obligation, a On 10 December 1948, the Universal Declaration was adopted by the General Assembly by a vote of 48 in favor, none against, and eight abstentions. Honduras and Yemen—both members of UN at the time—failed to vote or abstain, south Africas position can be seen as an attempt to protect its system of apartheid, which clearly violated any number of articles in the Declaration. The six communist nations abstentions centred around the view that the Declaration did not go far enough in condemning fascism and Nazism, Eleanor Roosevelt attributed the abstention of the Soviet bloc nations to Article 13, which provided the right of citizens to leave their countries. 48 countries voted in favour of the Declaration, a.8 countries abstained, Later on, the underlying structure of the Universal Declaration was introduced in its second draft, which was prepared by René Cassin. Cassin worked from a first draft, which was prepared by John Peters Humphrey, the structure was influenced by the Code Napoléon, including a preamble and introductory general principles. Cassin compared the Declaration to the portico of a Greek temple, with a foundation, steps, four columns, articles 1 and 2 are the foundation blocks, with their principles of dignity, liberty, equality, and brotherhood. The seven paragraphs of the out the reasons for the Declaration—represent the steps. The main body of the Declaration forms the four columns, the first column constitutes rights of the individual such as the right to life and the prohibition of slavery. Articles 6 through 11 refer to the legality of human rights with specific remedies cited for their defense when violated
12.
Genocide Convention
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The Convention on the Prevention and Punishment of the Crime of Genocide was adopted by the United Nations General Assembly on 9 December 1948 as General Assembly Resolution 260. The Convention entered into force on 12 January 1951 and it defines genocide in legal terms, and is the culmination of years of campaigning by lawyer Raphael Lemkin. All participating countries are advised to prevent and punish actions of genocide in war, the number of states that have ratified the convention is currently 143. The lead prosecutor in this case was Pierre-Richard Prosper, two days later, Jean Kambanda became the first head of government to be convicted of genocide. The first state to be found in breach of the Genocide convention was Serbia, in the Bosnia and Herzegovina v. Serbia and Montenegro case the International Court of Justice presented its judgment on 26 February 2007. One of the first accusations of genocide submitted to the UN after the Convention entered into force concerned treatment of Black people in the United States, leaders from the Black community, including William Patterson, Paul Robeson, and W. E. B. DuBois presented this petition to the UN in December 1951, armenian Genocide Command responsibility Human rights abuse International law International human rights law War crimes Henham, Ralph J. Chalfont, Paul, Behrens, Paul. The criminal law of genocide, international, comparative and contextual aspects, Ashgate Publishing, Ltd
13.
United Nations Convention against Torture
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The text of the Convention was adopted by the United Nations General Assembly on 10 December 1984 and, following ratification by the 20th state party, it came into force on 26 June 1987. 26 June is now recognized as the International Day in Support of Victims of Torture, as of February 2017, the Convention has 161 state parties. Parties must promptly investigate any allegation of torture, and victims of torture, or their dependents in case victims died as a result of torture, must have an enforceable right to compensation. Parties are also obliged to prevent all acts of cruel, inhuman, or degrading treatment or punishment in any territory under their jurisdiction, part II governs reporting and monitoring of the Convention and the steps taken by the parties to implement it. It establishes the Committee against Torture, and empowers it to investigate allegations of systematic torture, part III governs ratification, entry into force, and amendment of the Convention. It also includes an arbitration mechanism for disputes between parties. Article 1.1 of the Convention defines torture as, The words inherent in or incidental to lawful sanctions remain vague and it is extremely difficult to determine what sanctions are inherent in or incidental to lawful sanctions in a particular legal system and what are not. The drafters of the Convention neither provided any criteria for making such determination nor did it define the terms, the nature of the findings would so differ from one legal system to another that they would give rise to serious disputes among the Parties to the Convention. It was suggested that the reference to such rules would make the more complicated. This allows state parties to pass laws that permit acts of torture that they believe are within the lawful sanctions clause. However, the most widely adopted interpretation of the lawful sanctions clause is that it refers to sanctions authorized by international law, pursuant to this interpretation, only sanctions that are authorized by international law will fall within this exclusion. The interpretation of the lawful sanctions clause leaves no scope of application and is debated by authors, historians. Article 2 prohibits torture, and requires parties to take measures to prevent it in any territory under their jurisdiction. This prohibition is absolute and non-derogable, in other words, torture cannot be justified as a means to protect public safety or prevent emergencies. Subordinates who commits acts of torture cannot abstain themselves from legal responsibility on the grounds that they were just following orders from their superiors, the other articles of part I lay out specific obligations intended to implement this absolute prohibition by preventing, investigating, and punishing acts of torture. Article 3 prohibits parties from returning, extraditing, or refouling any person to a state there are substantial grounds for believing that he would be in danger of being subjected to torture. As of October 2016, the Protocol has 75 signatories and 83 parties, the Committee against Torture is a body of human rights experts that monitors implementation of the Convention by State parties. The Committee is one of eight UN-linked human rights treaty bodies, all state parties are obliged under the Convention to submit regular reports to the CAT on how rights are being implemented
14.
African Charter on Human and Peoples' Rights
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The African Charter on Human and Peoples Rights is an international human rights instrument that is intended to promote and protect human rights and basic freedoms in the African continent. This committee was set up, and it produced a draft that was unanimously approved at the OAUs 1981 Assembly. Pursuant to its Article 63, the African Charter on Human, oversight and interpretation of the Charter is the task of the African Commission on Human and Peoples Rights, which was set up in 1987 and is now headquartered in Banjul, Gambia. A protocol to the Charter was subsequently adopted in 1998 whereby an African Court on Human, the protocol came into effect on 25 January 2004. In July 2004, the AU Assembly decided that the ACHP would be incorporated into the African Court of Justice. In July 2005, the AU Assembly then decided that the ACHP should be operationalised despite the fact that the establishing the African Court of Justice had not yet come into effect. The relationship between the newly created Court and the Commission is yet to be determined, as of 2016,54 states have ratified the Charter. It has been ratified by every AU member state, the African Charter on Human and Peoples Rights followed the footsteps of the European and Inter-American systems by creating a regional human rights system for Africa. The Charter shares many features with other instruments, but also has notable unique characteristics concerning the norms it recognizes. The Charter recognizes most of what are regarded universally accepted civil, some human rights scholars however consider the Charters coverage of other civil and political rights to be inadequate. For example, the right to privacy or a right against forced or compulsory labour are not explicitly recognised, the provisions concerning fair trial and political participation are considered incomplete by international standards. Every citizen shall have the right to access to the public service of his country. Every individual shall have the right of access to public property, the Charter also recognises certain economic, social and cultural rights, and overall the Charter is considered to place considerable emphasis on these rights. The Charter recognises right to work, the right to health, in addition to recognising the individual rights mentioned above the Charter also recognises collective or group rights, or peoples rights and third-generation human rights. As such the Charter recognises group rights to a degree not matched by the European or Inter-American regional human rights instruments, the Charter not only awards rights to individuals and peoples, but also includes duties incumbent upon them. These duties are contained in Article 29 and are as follows, to serve the national community by placing both physical and intellectual abilities at its service. Not to compromise the security of the State, to preserve and strengthen social and national solidarity. To preserve and strengthen national independence and the integrity of ones country
15.
American Convention on Human Rights
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The American Convention on Human Rights, also known as the Pact of San José, is an international human rights instrument. It was adopted by countries in the Western Hemisphere in San José, Costa Rica. It came into force after the instrument of ratification was deposited on 18 July 1978. This provision is established under influence of the Article 20 of the International Covenant of Civil, the single article in Chapter III deals with economic, social, and cultural rights. The somewhat cursory treatment given to this issue here was expanded ten years later with the Protocol of San Salvador. Chapter IV describes those circumstances in certain rights can be temporarily suspended, such as during states of emergency. However, it does not authorize any suspension of Article 3, Article 4, Article 5, Article 6, Article 9, Article 12, Article 17, Article 18, Article 19, Article 20, or Article 23. C. United States, and the Inter-American Court, headquartered in San José, Chapter X deals with mechanisms for ratifying the Convention, amending it or placing reservations in it, or denouncing it. Various transitory provisions are set forth in Chapter XI, in the ensuing years, the states parties to the American Convention have supplemented its provisions with two additional protocols. The protocols provisions cover such areas as the right to work, the right to health, the right to food, and it came into effect on 16 November 1999 and has been ratified by 16 nations. The second, the Protocol to the American Convention on Human Rights to Abolish the Death Penalty, was adopted at Asunción, Paraguay, to date it has been ratified by 13 nations. Venezuela denounced the Convention on 10 September 2012 accusing the Inter-American Court, necessary reforms of the institution were blocked. Therefore, it would increase its cooperation with the United Nations Human Rights Council. Denunciations, according to Article 78 of the ACHR, become one year after having been declared. They do not release the party from its obligations resulting from acts that have occurred before the effective date of denunciation. Canada did at one point seriously consider ratification, but has decided against it, although Canada could ratify the convention with a reservation with respect to abortion, that would contradict Canadas stated opposition to the making of reservations to human rights treaties. Another solution would be for the states to remove the anti-abortion provisions
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European Convention on Human Rights
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The European Convention on Human Rights is an international treaty to protect human rights and fundamental freedoms in Europe. Drafted in 1950 by the newly formed Council of Europe. All Council of Europe member states are party to the Convention, the Convention established the European Court of Human Rights. Any person who feels his or her rights have been violated under the Convention by a party can take a case to the Court. Judgments finding violations are binding on the States concerned and they are obliged to execute them, the compensations imposed under ECHR can be rather large, in 2014 Russia agreed to pay in excess of $2 billion in damages to former shareholders of Yukos. The Convention has several protocols, which amend the convention framework, the European Convention on Human Rights has played an important role in the development and awareness of Human Rights in Europe. The development of a system of human rights protection operating across Europe can be seen as a direct response to twin concerns. Second, the Convention was a response to the growth of Communism in Central and Eastern Europe and designed to protect the member states of the Council of Europe from communist subversion. The Convention was drafted by the Council of Europe after the Second World War in response to an issued by Europeans from all walks of life who had gathered at the Hague Congress. British MP and lawyer Sir David Maxwell-Fyfe, the Chair of the Assemblys Committee on Legal and Administrative Questions, was one of its leading members, as a prosecutor at the Nuremberg Trials, he had seen first-hand how international justice could be effectively applied. After extensive debates, the Assembly sent its proposal to the Councils Committee of Ministers. So a non-democratic State could not participate in the ECHR system, the Convention was opened for signature on 4 November 1950 in Rome. It was ratified and entered force on 3 September 1953. It is overseen and enforced by the European Court of Human Rights in Strasbourg, until procedural reforms in the late 1990s, the Convention was also overseen by a European Commission on Human Rights. Statements of principle are, from a point of view, not determinative. As amended by Protocol 11, the Convention consists of three parts, the main rights and freedoms are contained in Section I, which consists of Articles 2 to 18. Section II sets up the Court and its rules of operation, Section III contains various concluding provisions. Article 1 simply binds the parties to secure the rights under the other Articles of the Convention within their jurisdiction
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Organization of American States
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The Organization of American States, or the OAS or OEA, is a continental organization founded on 30 April 1948, for the purposes of regional solidarity and cooperation among its member states. Headquartered in Washington, United States, the OASs members are the 35 independent states of the Americas, as of 26 May 2015, the Secretary General of OAS is Luis Almagro. Bolívars dream of American unity was meant to unify Hispanic American nations against external powers, the pursuit of regional solidarity and cooperation again came to the forefront in 1889–1890, at the First International Conference of American States. These two bodies, in existence as of 14 April 1890, represent the point of inception to which the OAS and its General Secretariat trace their origins. At the Fourth International Conference of American States, the name of the organization was changed to the Union of American Republics, the Pan American Union Building was constructed in 1910, on Constitution Avenue, Northwest, Washington, D. C. In the mid-1930s, U. S. President Franklin Delano Roosevelt organized a conference in Buenos Aires. One of the items at the conference was a League of Nations of the Americas, an idea proposed by Colombia, Guatemala, and the Dominican Republic. At the subsequent Inter-American Conference for the Maintenance of Peace,21 nations pledged to remain neutral in the event of a conflict between any two members. The experience of World War II convinced hemispheric governments that unilateral action could not ensure the integrity of the American nations in the event of external aggression. This was the event that saw the birth of the OAS as it stands today, the meeting also adopted the American Declaration of the Rights and Duties of Man, the worlds first general human rights instrument. The transition from the Pan American Union to OAS would have been if it had not been for the assassination of Colombian leader Jorge Eliécer Gaitán. The Director General of the former, Alberto Lleras Camargo, became the Organizations first Secretary General, the current Secretary General is former Uruguayan minister of foreign affairs Luis Almagro. Significant milestones in the history of the OAS since the signing of the Charter have included the following,1959,1969, American Convention on Human Rights signed. 1970, OAS General Assembly established as the Organizations supreme decision-making body,1979, Inter-American Court of Human Rights created. 1991, Adoption of Resolution 1080, which requires the Secretary General to convene the Permanent Council within ten days of a coup détat in any member country,1994, First Summit of the Americas, which resolved to establish a Free Trade Area of the Americas by 2005. 2009, OAS revokes 1962 suspension of Cuba,2009, OAS suspends Honduras due to the coup which ousted president Manuel Zelaya. 2011, OAS lifts the suspension of Honduras with the return of Manuel Zelaya from exile, article 2 then defines eight essential purposes, To strengthen the peace and security of the continent. To promote and consolidate representative democracy, with due respect for the principle of nonintervention, to prevent possible causes of difficulties and to ensure the pacific settlement of disputes that may arise among the member states
18.
Council of Europe
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The Council of Europe is an international organisation focused on protecting human rights, democracy, rule of law in Europe and promoting European culture. Founded in 1949, it has 47 member states, covers approximately 820 million people, No country has ever joined the EU without first belonging to the Council of Europe. Unlike the EU, the Council of Europe cannot make binding laws, the best known body of the Council of Europe is the European Court of Human Rights, which enforces the European Convention on Human Rights. The Commissioner for Human Rights is an independent institution within the Council of Europe, mandated to promote awareness of, the Secretary General heads the secretariat of the organisation. Other major CoE bodies include the European Directorate for the Quality of Medicines, the headquarters of the Council of Europe are in Strasbourg, France. English and French are its two official languages, the Committee of Ministers, the Parliamentary Assembly and the Congress also use German, Italian, Russian, and Turkish for some of their work. In a speech at the University of Zurich on 19 September 1946, Sir Winston Churchill called for a kind of United States of Europe and he had spoken of a Council of Europe as early as 1943 in a radio broadcast. There were two schools of thought competing, some favoured a classical international organisation with representatives of governments, both approaches were finally combined through the creation of the Committee of Ministers and the Parliamentary Assembly under the Statute of the Council of Europe. The Council of Europe was founded on 5 May 1949 by the Treaty of London and those conventions and decisions are developed by the member states working together at the Council of Europe. Both organizations function as concentric circles around the foundations for European co-operation and harmony. The European Union could be seen as the circle with a much higher level of integration through the transfer of powers from the national to the EU level. The Council of Europe and the European Union, different roles, Council of Europe conventions/treaties are also open for signature to non-member states, thus facilitating equal co-operation with countries outside Europe. The Convention created the European Court of Human Rights in Strasbourg, the Court supervises compliance with the European Convention on Human Rights and thus functions as the highest European court. It is to court that Europeans can bring cases if they believe that a member country has violated their fundamental rights. The various activities and achievements of the Council of Europe can be found in detail on its official website, Promotion of the right to education under Article 2 of the first Protocol to the European Convention on Human Rights and several conventions on the recognition of university studies and diplomas. Promotion of fair sport through the Anti-Doping Convention Promotion of European youth exchanges and co-operation through European Youth Centres in Strasbourg and Budapest, Promotion of the quality of medicines throughout Europe by the European Directorate for the Quality of Medicines and its European Pharmacopoeia. The institutions of the Council of Europe are, The Secretary General, mr Thorbjørn Jagland, the former Prime Minister of Norway was elected Secretary General of the Council of Europe in September 2009. In June 2014, he was re-elected, and his term in office commenced on 1 October 2014
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Civil and political rights
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Civil and political rights are a class of rights that protect individuals freedom from infringement by governments, social organizations, and private individuals. They ensure ones ability to participate in the civil and political life of the society, Civil and political rights form the original and main part of international human rights. They comprise the first portion of the 1948 Universal Declaration of Human Rights, the phrase civil rights is a translation of Latin ius civis. Roman citizens could be either free or servile, but they all had rights in law. After the Edict of Milan in 313, these included the freedom of religion. Roman legal doctrine was lost during the Middle Ages, but claims of rights could still be made based on religious doctrine. According to the leaders of Ketts Rebellion, all men may be made free. In the 17th century, English common law judge Sir Edward Coke revived the idea of rights based on citizenship by arguing that Englishmen had historically enjoyed such rights, the Parliament of England adopted the English Bill of Rights in 1689. The Virginia Declaration of Rights, by George Mason and James Madison, was adopted in 1776, the Virginia declaration is the direct ancestor and model for the U. S. Bill of Rights. The removal by legislation of a civil right constitutes a civil disability, in early 19th century Britain, the phrase civil rights most commonly referred to the issue of such legal discrimination against Catholics. In the House of Commons support for civil rights was divided, the Roman Catholic Relief Act 1829 restored their civil rights. In the 1860s, Americans adapted this usage to newly freed blacks, congress enacted civil rights acts in 1866,1871,1875,1957,1960,1964,1968, and 1991. Marshall notes that civil rights were among the first to be recognized and codified, followed later by political rights, in many countries, they are constitutional rights and are included in a bill of rights or similar document. They are also defined in human rights instruments, such as the 1948 Universal Declaration of Human Rights. Civil and political rights need not be codified to be protected, although most democracies worldwide do have formal written guarantees of civil, Civil rights are considered to be natural rights. Thomas Jefferson wrote in his A Summary View of the Rights of British America that a free people their rights as derived from the laws of nature, the question of to whom civil and political rights apply is a subject of controversy. According to political scientist Salvador Santino F. Regilme Jr. Custom also plays a role, the United States Declaration of Independence states that people have unalienable rights including Life, Liberty and the pursuit of Happiness. It is considered by some that the purpose of government is the protection of life. Ideas of self-ownership and cognitive liberty affirm rights to choose the food one eats, the one takes
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European Social Charter
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By 1991,20 nations had ratified it. The Charter was revised in 1996, the Revised Charter came into force in 1999 and is gradually replacing the initial 1961 treaty. The Charter sets out human rights and freedoms and establishes a supervisory mechanism guaranteeing their respect by the States parties, the Charter also guarantees positive rights and freedoms which concern all individuals in their daily existence. States Parties to the Charter must submit reports on a part of the provisions of the Charter, showing how they implement them in law. The European Committee of Social Rights is the responsible for monitoring compliance in the States party to the Charter. The ECSR is composed of 15 independent members who are elected by the Council of Europe’s Committee of Ministers for a period of six years, renewable once. Under the 1995 Additional Protocol providing for a system of Collective Complaints which came into force in 1998, certain organisations are entitled to lodge complaints with the ECSR. The ECSR examines the complaint and, if the requirements have been met. The State Party may then respond in writing, and a hearing may be requested by either party to the procedure, finally, the Committee comes to a decision on the merits
21.
African Union
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The African Union is a continental union consisting of all 55 countries on the African continent. It was established on 26 May 2001 in Addis Ababa, Ethiopia, the most important decisions of the AU are made by the Assembly of the African Union, a semi-annual meeting of the heads of state and government of its member states. The AUs secretariat, the African Union Commission, is based in Addis Ababa, the objectives of the AU are, To achieve greater unity and solidarity between the African countries and Africans. To defend the sovereignty, territorial integrity and independence of its Member States, to accelerate the political and social-economic integration of the continent. To promote and defend African common positions on issues of interest to the continent, to encourage international cooperation, taking due account of the Charter of the United Nations and the Universal Declaration of Human Rights. To promote peace, security, and stability on the continent, to promote democratic principles and institutions, popular participation and good governance. To promote and protect human and peoples rights in accordance with the African Charter on Human and Peoples Rights, to establish the necessary conditions which enable the continent to play its rightful role in the global economy and in international negotiations. To promote sustainable development at the economic, social and cultural levels as well as the integration of African economies, to promote co-operation in all fields of human activity to raise the living standards of African peoples. To coordinate and harmonize the policies between the existing and future Regional Economic Communities for the attainment of the objectives of the Union. To advance the development of the continent by promoting research in all fields, in particular in science, to work with relevant international partners in the eradication of preventable diseases and the promotion of good health on the continent. The African Union is made up of political and administrative bodies. The highest decision-making organ is the Assembly of the African Union, the Assembly is chaired by Idriss Déby, President of Chad. The AU also has a body, the Pan African Parliament. Its president is Bethel Nnaemeka Amadi, the AU Commission, the secretariat to the political structures, is chaired by Nkosazana Dlamini-Zuma of South Africa. On 15 July 2012, Ms. Dlamini-Zuma won a contested vote to become the first female head of the African Union Commission. The main administrative capital of the African Union is in Addis Ababa, Ethiopia, a new headquarters complex, the AU Conference Center and Office Complex, was inaugurated on 28 January 2012, during the 18th AU summit. The tower is 99.9 meters high to signify the date 9 September 1999, the AU covers the entire continent except for several territories held by Spain, France, Portugal and the United Kingdom. AU troops were deployed in Sudan for peacekeeping during Darfur conflict
22.
Organisation of African Unity
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The Organisation of African Unity was established on 25 May 1963 in Addis Ababa, with 32 signatory governments. It was disbanded on 9 July 2002 by its last chairperson, South African President Thabo Mbeki, the OAU had the following primary aims, To co-ordinate and intensify the co-operation of African states in order to achieve a better life for the people of Africa. To defend the sovereignty, territorial integrity and independence of African states, South Africa and Angola were two such countries. The OAU proposed two ways of ridding the continent of colonialism and white minority rule, firstly, it would defend the interests of independent countries and help to pursue the independence those of still-colonised ones. Secondly, it would remain neutral in terms of world affairs, a Liberation Committee was established to aid independence movements and look after the interests of already-independent states. The OAU also aimed to stay neutral in terms of global politics, the OAU had other aims, too, Ensure that all Africans enjoyed human rights. Raise the living standards of all Africans, settle arguments and disputes between members – not through fighting but rather peaceful and diplomatic negotiation. Soon after achieving independence, a number of African states expressed a desire for more unity within the continent. Aside from Ghana, it comprised also Algeria, Guinea, Morocco, Egypt, Mali, founded in 1961, its members were described as progressive states. The Monrovian bloc, led by Senghor of Senegal, felt that unity should be achieved gradually and it did not support the notion of a political federation. Its other members were Nigeria, Liberia, Ethiopia and most of the former French colonies, some of the initial discussions took place at Sanniquellie, Liberia. The dispute was resolved when Ethiopian emperor Haile Selassie I invited the two groups to Addis Ababa, where the OAU and its headquarters were subsequently established. The Charter of the Organisation was signed by 32 independent African states, the organisation was widely derided as a bureaucratic talking shop with little power. It struggled to enforce its decisions, and its lack of armed force made intervention exceedingly difficult, civil wars in Nigeria and Angola continued unabated for years, and the OAU could do nothing to stop them. The policy of non-interference in the affairs of member states also limited the effectiveness of the OAU, thus, when human rights were violated, as in Uganda under Idi Amin in the 1970s, the OAU was powerless to stop them. The Organisation was praised by Ghanaian former United Nations Secretary-General Kofi Annan for bringing Africans together, the OAU was, however, successful in some respects. Many of its members were members of the UN, too and its pursuit of African unity, therefore, was in some ways successful. Total unity was difficult to achieve, however, as the OAU was largely divided, the pro-Socialist faction was led by Kwame Nkrumah, while Félix Houphouët-Boigny of the Ivory Coast led the pro-capitalists
23.
African Commission on Human and Peoples' Rights
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The Commission came into existence with the coming into force, on 21 October 1986, of the African Charter. Although its authority rests on its own treaty, the African Charter and its first members were elected by the OAUs 23rd Assembly of Heads of State and Government in June 1987 and the Commission was formally installed for the first time on 2 November of that year. For the first two years of its existence, the Commission was based at the OAU Secretariat in Addis Ababa, Ethiopia, the Commission meets twice a year, usually in March or April and in October or November. One of these meetings is usually in Banjul, where the Commissions secretariat is located, the ACHPR is made up of eleven members, elected by secret ballot at the OAU Assembly of Heads of State and Government. The members choose, from among their own number, a chairperson and a Vice Chairperson, with the creation of the African Court on Human and Peoples Rights, the Commission will have the additional task of preparing cases for submission to the Courts jurisdiction. In a July 2004 decision, the AU Assembly resolved that the future Court on Human, in 2011, the commission brought before the African Court on Human and Peoples Rights a case against Libya. The Commission has several Special Mechanisms in the form of Special Rapporteurs, working groups or committees that investigate, there are 6 special rapporteurs who monitor, investigate and report on allegations of violations in member states of the African Union. African Commission on Human and Peoples Rights, Kluwer,1996 Bösl, A & Diescho, legal perspectives on their protection and promotion, with a foreword by Desmond Tutu, Macmillan 2009. Human Rights in Africa, From the OAU to the African Union, Evans, MD & Murray, RH, The African Charter on Human and Peoples Rights, The System at Work, Cambridge University Press,2002. Evans, MD & Murray, RH, The African Charter on Human and Peoples Rights, The System in Practice 1986–2006, Murray, RH & Evans, MD, Documents of the African Commission on Human and Peoples Rights, Hart Publishing,2001
24.
African Court on Human and Peoples' Rights
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The African Court on Human and Peoples Rights is a continental court established by African countries to ensure protection of human and peoples’ rights in Africa. It complements and reinforces the functions of the African Commission on Human, the Protocol came into force on 25 January 2004 after it was ratified by more than 15 countries. States Parties to the Protocol had made the declaration recognizing the competence of the Court to receive cases from NGOs, the seven states are Burkina Faso, Côte dIvoire, Ghana, Mali, Malawi, Rwanda and Tanzania. Specifically, the Court has two types of jurisdiction, contentious and advisory, the Court is composed of eleven Judges, nationals of member states of the African Union. The first Judges of the Court were elected in January 2006, in Khartoum and they were sworn in before the Assembly of Heads of State and Government of the African Union on 2 July 2006, in Banjul, the Gambia. The judges are elected for a six-year or four-year term renewable once, the judges of the Court elect a President and Vice-President of the Court among themselves who serve a two-year term. They can be re-elected only once, the President of the Court resides and works on a full-time basis at the seat of the Court, while the other ten judges work on a part-time basis. In the accomplishment of his duties, the President is assisted by a Registrar who performs registry, managerial and this harmonization process was completed in April 2010 and in June 2010, the Court adopted its final Rules of Court. As of March 2014, only seven countries had such a declaration. Those countries are Burkina Faso, Ghana, Malawi, Mali, Rwanda, Tanzania, the Court delivered its first judgment in 2009 following an application dated 11 August 2008 by Michelot Yogogombaye against the Republic of Senegal. As at January,2016, the Court received 74 applications, currently the Court has five pending cases on its table to examine including requests for advisory opinion. The vision of the Court is an Africa with a human rights culture. Judicial independence from any partisanship, bias, influence, whether it comes from States, NGOs, fair and impartial application and interpretation of the provisions of the African Charter, the Protocol, the Rules and other relevant international human rights instruments. Transparent and ethical accountability in the operations of the Court, fundamental rights of every individual to enjoy basic civil, political, social, economic and cultural rights are upheld. Collaboration with relevant stakeholders in pursuance of the Court’s objective of protecting human, non-discrimination and equality in performance of the work of the Court. Integrity of the Judges and staff working at the Court, provide equal access to all potential users of the Court. Be responsive to the needs of those who approach the Court, on January 22,2006, the Eighth Ordinary Session of the Executive Council of the African Union elected the first eleven Judges of the African Court on Human and Peoples Rights. Judges are normally elected for terms and can be re-elected once
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African Court of Justice
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The Court of Justice of the African Union was originally intended to be the principal judicial organ of the African Union with authority to rule on disputes over interpretation of AU treaties. Underlying this decision was the concern at the number of AU institutions. A protocol to set up the Court of Justice was adopted in 2003 and it was, however, superseded by a protocol creating the African Court of Justice and Human Rights. The merger protocol was adopted during the 11th African Union Summit in July 2008, the united court will be based in Arusha, Tanzania. African Court on Human and Peoples Rights East African Court of Justice
26.
Cold War
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The Cold War was a state of geopolitical tension after World War II between powers in the Eastern Bloc and powers in the Western Bloc. Historians do not fully agree on the dates, but a common timeframe is the period between 1947, the year the Truman Doctrine was announced, and 1991, the year the Soviet Union collapsed. The term cold is used there was no large-scale fighting directly between the two sides, although there were major regional wars, known as proxy wars, supported by the two sides. The Cold War split the temporary alliance against Nazi Germany, leaving the Soviet Union. The USSR was a Marxist–Leninist state ruled by its Communist Party and secret police, the Party controlled the press, the military, the economy and all organizations. In opposition stood the West, dominantly democratic and capitalist with a free press, a small neutral bloc arose with the Non-Aligned Movement, it sought good relations with both sides. The two superpowers never engaged directly in full-scale armed combat, but they were armed in preparation for a possible all-out nuclear world war. The first phase of the Cold War began in the first two years after the end of the Second World War in 1945, the Berlin Blockade was the first major crisis of the Cold War. With the victory of the communist side in the Chinese Civil War and the outbreak of the Korean War, the USSR and USA competed for influence in Latin America, and the decolonizing states of Africa and Asia. Meanwhile, the Hungarian Revolution of 1956 was stopped by the Soviets, the expansion and escalation sparked more crises, such as the Suez Crisis, the Berlin Crisis of 1961, and the Cuban Missile Crisis of 1962. The USSR crushed the 1968 Prague Spring liberalization program in Czechoslovakia, détente collapsed at the end of the decade with the beginning of the Soviet–Afghan War in 1979. The early 1980s were another period of elevated tension, with the Soviet downing of Korean Air Lines Flight 007, the United States increased diplomatic, military, and economic pressures on the Soviet Union, at a time when the communist state was already suffering from economic stagnation. In the mid-1980s, the new Soviet leader Mikhail Gorbachev introduced the reforms of perestroika and glasnost. Pressures for national independence grew stronger in Eastern Europe, especially Poland, Gorbachev meanwhile refused to use Soviet troops to bolster the faltering Warsaw Pact regimes as had occurred in the past. The result in 1989 was a wave of revolutions that peacefully overthrew all of the communist regimes of Central, the Communist Party of the Soviet Union itself lost control and was banned following an abortive coup attempt in August 1991. This in turn led to the dissolution of the USSR in December 1991. The United States remained as the only superpower. The Cold War and its events have left a significant legacy and it is often referred to in popular culture, especially in media featuring themes of espionage and the threat of nuclear warfare
27.
Globalisation
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Globalization or globalisation is the action or procedure of international integration arising from the interchange of world views, products, ideas, and other aspects of culture. Advances in transportation and in telecommunications infrastructure have been factors in globalization, generating further interdependence of economic. Large-scale globalization began in the 1820s, in the late 19th century and early 20th century, the connectivity of the worlds economies and cultures grew very quickly. The term globalization is recent, only establishing its current meaning in the 1970s, further, environmental challenges such as global warming, cross-boundary water and air pollution, and overfishing of the ocean are linked with globalization. Globalizing processes affect and are affected by business and work organization, economics, socio-cultural resources, academic literature commonly subdivides globalization into three major areas, economic globalization, cultural globalization, and political globalization. The term globalization is derived from the word globalize, which refers to the emergence of a network of economic systems. One of the earliest known usages of the term as a noun was in a 1930 publication entitled Towards New Education, a related term, corporate giants, was coined by Charles Taze Russell in 1897 to refer to the largely national trusts and other large enterprises of the time. By the 1960s, both began to be used as synonyms by economists and other social scientists. Economist Theodore Levitt is widely credited with coining the term in an article entitled Globalization of Markets, However, the term globalization was in use well before this and had been used by other scholars as early as 1981. Levitt can be credited with popularizing the term and bringing it into the mainstream audience in the later half of the 1980s. Due to the complexity of the concept, research projects, articles, sociologists Martin Albrow and Elizabeth King define globalization as all those processes by which the people of the world are incorporated into a single world society. Globalization can be located on a continuum with the local, national and regional, without reference to such expansive spatial connections, there can be no clear or coherent formulation of this term. A satisfactory definition of globalization must capture each of these elements, extensity, intensity, velocity and it pertains to the increasing ease with which somebody on one side of the world can interact, to mutual benefit, with somebody on the other side of the world. The ideological dimension, according to Steger, is filled with a range of norms, claims, beliefs and they have also argued that four different forms of globalization can be distinguished that complement and cut across the solely empirical dimensions. According to James, the oldest dominant form of globalization is embodied globalization, a second form is agency-extended globalization, the circulation of agents of different institutions, organizations, and polities, including imperial agents. Object-extended globalization, a form, is the movement of commodities. He calls the transmission of ideas, images, knowledge, and information across world-space disembodied globalization and he asserted that the pace of globalization was quickening and that its impact on business organization and practice would continue to grow. Economist Takis Fotopoulos defined economic globalization as the opening and deregulation of commodity, capital and he used political globalization to refer to the emergence of a transnational elite and a phasing out of the nation-state
28.
Inter-American Commission on Human Rights
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The Inter-American Commission on Human Rights is an autonomous organ of the Organization of American States. Along with the Inter-American Court of Human Rights, it is one of the bodies that comprise the system for the promotion and protection of human rights. The IACHR is a permanent body, with headquarters in Washington, united States, and it meets in regular and special sessions several times a year to examine allegations of human rights violations in the hemisphere. The IACHR was created in 1959 and it held its first meeting in 1960, and it conducted its first on-site visit to inspect the human rights situation in the Dominican Republic in 1961. A major step in the development of the system was taken in 1965 when the Commission was expressly authorized to examine cases of human rights violations. Since that date the IACHR has received thousands of petitions and has processed in excess of 12,000 individual cases, in 1969, the guiding principles behind the American Declaration were taken, reshaped, and restated in the American Convention on Human Rights. The Convention defines the rights that the states parties are required to respect and guarantee. It is currently binding on 24 of the OASs 35 member states, the main task of the IACHR is to promote the observance and defense of human rights in the Americas. In pursuit of this mandate it, Receives, analyzes, works to resolve petitions in a collaborative way that is amiable to both parties. Monitors the general human rights situation in the OASs member states and, conducts on-site visits to examine members general human rights situation or to investigate specific cases. Encourages public awareness about human rights and related issues throughout the hemisphere, holds conferences, seminars, and meetings with governments, NGOs, academic institutions, etc. to inform and raise awareness about issues relating to the inter-American human rights system. Issues member states with recommendations that, if adopted, would further the cause of human rights protection, requests that states adopt precautionary measures to prevent serious and irreparable harm to human rights in urgent cases. Refers cases to the Inter-American Court of Human Rights, and litigates those same cases before the Court, asks the Inter-American Court to provide advisory opinions on matters relating to the interpretation of the Convention or other related instruments. The other Rapporteurships are in the hands of the Commissioners, who have other functions at the IACHR and also their own jobs in their home-countries, the Unit on the Rights of Lesbian, Gay, Trans, Bisexual, and Intersex Persons was created in 2011. The IACHR also has a Press and Outreach Office, the Commission processes petitions lodged with it pursuant to its Rules of Procedure. Petitions may be filed by states, NGOs or individuals, unlike most court filings, petitions are confidential documents and are not made public. Once a petition has been filed, it follows the procedure, Petition is forwarded to the Secretariat and reviewed for completeness, if complete. This is where the state is notified of the petition, the Commission tries to find a friendly settlement
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Inter-American Court of Human Rights
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The Inter-American Court of Human Rights is an autonomous judicial institution based in the city of San José, Costa Rica. The Organization of American States established the Court in 1979 to enforce and its two main functions are thus adjudicatory and advisory. Under the former, it hears and rules on the cases of human rights violations referred to it. Under the latter, it issues opinions on matters of legal interpretation brought to its attention by other OAS bodies or member states. In addition to ratifying the Convention, a party must voluntarily submit to the Courts jurisdiction for it to be competent to hear a case involving that state. Trinidad and Tobago originally signed the Convention on 28 May 1991, in 1999, under President Alberto Fujimori, Peru announced it was withdrawing its acceptance of the Courts jurisdiction. This decision was reversed by the government of Valentín Paniagua in 2001. The United States signed but never ratified the Convention, under the Convention, cases can be referred to the Court by either the Inter-American Commission on Human Rights or a state party. In contrast to the European human rights system, individual citizens of the OAS member states are not allowed to take cases directly to the Court. If the case is ruled admissible and the state deemed at fault, only if the state fails to abide by these recommendations, or if the Commission decides that the case is of particular importance or legal interest, will the case be referred to the Court. The presentation of a case before the Court can therefore be considered a measure of last resort, proceedings before the Court are divided into written and oral phases. For 30 days following notification, any of the parties in the case may submit a brief containing preliminary objections to the application, if it deems necessary, the Court can convene a hearing to deal with the preliminary objections. Otherwise, in the interests of economy, it can deal with the parties preliminary objections. Within 60 days following notification, the respondent must supply an answer to the application, stating whether it accepts or disputes the facts. Once this answer has been submitted, any of the parties in the case may request the Court presidents permission to lodge additional pleadings prior to the commencement of the oral phase. The president sets the date for the start of oral proceedings, during the oral phase, the judges may ask any question they see fit of any of the persons appearing before them. The president is permitted to rule on the relevance of questions asked and to excuse the person asked the question from replying, after hearing the witnesses and experts and analyzing the evidence presented, the Court issues its judgment. Its deliberations are conducted in private and, once the judgment has been adopted, if the merits judgment does not cover the applicable reparations for the case, they must be determined at a separate hearing or through some other procedure as decided on by the Court
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Strasbourg
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Strasbourg is the capital and largest city of the Grand Est region of France and is the official seat of the European Parliament. Located close to the border with Germany in the region of Alsace. In 2014, the city proper had 276,170 inhabitants, Strasbourgs metropolitan area had a population of 773,347 in 2013, making it the ninth largest metro area in France and home to 13% of the Grand Est regions inhabitants. The transnational Eurodistrict Strasbourg-Ortenau had a population of 915,000 inhabitants in 2014, Strasbourg is the seat of several European institutions, such as the Council of Europe and the Eurocorps, as well as the European Parliament and the European Ombudsman of the European Union. The city is also the seat of the Central Commission for Navigation on the Rhine, Strasbourgs historic city centre, the Grande Île, was classified a World Heritage site by UNESCO in 1988, the first time such an honour was placed on an entire city centre. The largest Islamic place of worship in France, the Strasbourg Grand Mosque, was inaugurated by French Interior Minister Manuel Valls on 27 September 2012. Economically, Strasbourg is an important centre of manufacturing and engineering, as well as a hub of road, rail, the port of Strasbourg is the second largest on the Rhine after Duisburg, Germany. Before the 5th century, the city was known as Argantorati, a Celtic Gaulish name Latinized first as Argentorate, after the 5h century, the city became known by a completely different name Gallicized as Strasbourg. That name is of Germanic origin and means Town of roads, Strasbourg is situated on the eastern border of France with Germany. This border is formed by the River Rhine, which forms the eastern border of the modern city. The historic core of Strasbourg however lies on the Grande Île in the River Ill, which flows parallel to, and roughly 4 kilometres from. The natural courses of the two eventually join some distance downstream of Strasbourg, although several artificial waterways now connect them within the city. This section of the Rhine valley is an axis of north-south travel, with river traffic on the Rhine itself. The city is some 400 kilometres east of Paris, in spite of its position far inland, Strasbourgs climate is classified as Oceanic, with warm, relatively sunny summers and cold, overcast winters. Precipitation is elevated from mid-spring to the end of summer, but remains largely constant throughout the year, on average, snow falls 30 days per year. The highest temperature recorded was 38.5 °C in August 2003. The lowest temperature recorded was −23.4 °C in December 1938. Nonetheless, the disappearance of heavy industry on both banks of the Rhine, as well as effective measures of traffic regulation in and around the city have reduced air pollution
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European Court of Human Rights
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The European Court of Human Rights is a supra-national or international court established by the European Convention on Human Rights. It hears applications alleging that a state has breached one or more of the human rights provisions concerning civil and political rights set out in the Convention. An application can be lodged by an individual, a group of individuals or one or more of the contracting states, and, besides judgments. The Convention was adopted within the context of the Council of Europe, the Court is based in Strasbourg, France. The jurisdiction of the Court has been recognised to date by all 47 member states of the Council of Europe. In 1998, the Court became an institution and the European Commission of Human Rights. The accession of new states to the European Convention on Human Rights following the fall of the Berlin Wall in 1989 led to a increase in applications filed in the Court. The efficiency of the Court was threatened seriously by the number of pending applications. In 19998,400 applications were allocated to be heard, in 200327,200 cases were filed and the number of pending applications rose to approximately 65,000. In 2005, the Court opened 45,500 case files, in 200957,200 applications were allocated, with the number of pending applications rose to 119,300. Protocol 14 entered into force on 1 June 2010, three months after it was ratified by all 47 contracting states to the Convention, between 2006 and 2010, Russia was the only contracting state to refuse to ratify Protocol 14. In 2010, Russia ended its opposition to the protocol, in exchange for a guarantee that Russian judges would be involved in reviewing complaints against Russia. Protocol 14 amended the Convention so that judges would be elected for a term of nine years. Amendments were also made so that a judge could reject plainly inadmissible applications. In cases of doubt, the single judge refers the applications to the Committee of the Court, a single judge may not examine applications against the state which nominated him. The three judge committee has jurisdiction to declare applications admissible and decide on the merits of the if it was clearly well founded and based on well established case law. Protocol 14 also provides that when a three judge committee decides on the merits of a case, the elected to represent that state is no longer a compulsory member of this committee. The judge can be invited by the committee, to one of its members
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