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THIRD GRADUATION: International Law

. CHAPTER I: Human rights
Human rights are "rights and freedoms to which all humans are entitled." Proponents of the
concept usually assert that everyone is endowed with certain entitlements merely by reason of
being human. Human rights are thus conceived in a Universalist and egalitarian fashion. Such
entitlements can exist as shared norms of actual human moralities, as justified moral norms or
natural rights supported by strong reasons, or as legal rights either at a national level or within
international law. However, there is no consensus as to precise nature of what in particular
should or should not be regarded as a human right in any of the preceding senses, and the
abstract concept of human rights has been a subject of intense philosophical debate and criticism.
The modern conception of human rights developed in the aftermath of the Second World War, in
part as a response to the Holocaust, culminating in its adoption by the Universal Declaration of
Human Rights by the United Nations General Assembly in 1948. However, while the phrase
"human rights" is relatively modern the intellectual foundations of the modern concept can be
traced through the history of philosophy and the concepts of natural law rights and liberties as far
back as the city states of Classical Greece and the development of Roman Law. The true
forerunner of human rights discourse was the enlightenment concept of natural rights developed
by figures such as Georg Wilhelm Friedrich Hegel, John Locke and Immanuel Kant and through
the political realm in the United States Bill of Rights and the Declaration of the Rights of Man
and of the Citizen. 28
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All human beings are born free and equal in dignity and rights. They are endowed
“ with reason and conscience and should act towards one another in a spirit of
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brotherhood.
—Article 1 of the United Nations Universal Declaration of Human Rights (UDHR)
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I. Historical Outline 02
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Although ideas of rights and liberty have existed for much of human history, it is unclear to what 8
degree such concepts can be described as "human rights" in the modern sense. The concept of
rights certainly existed in pre-modern cultures; ancient philosophers such as Aristotle wrote A
extensively on the rights (to dikaion in ancient Greek, roughly a "just claim") of citizens to pr
property and participation in public affairs. However, neither the Greeks nor the Romans had any il
concept of universal human rights; slavery, for instance, was justified both in ancient and modern
times as a natural condition. A
The basis of most modern legal interpretations of human rights can be traced back to relatively aa
recent European history. The Twelve Articles of the Black Forest (1525) are considered to be the A
first record of human rights in Europe. They were part of the peasants' demands raised towards
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the Swabian League in the Peasants' War in Germany.
In Britain in 1689 the English Bill of Rights (or “An Act Declaring the Rights and Liberties of
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the Subject and Settling the Succession of the Crown”) and the Scottish Claim of Right each 28
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made illegal a range of oppressive governmental actions. Two major revolutions occurred during
the 18th century, in the United States (1776) and in France (1789), leading to the adoption of the
United States Declaration of Independence and the French Declaration of the Rights of Man and
of the Citizen respectively, both of which established certain legal rights.
Additionally, the Virginia Declaration of Rights of 1776 encoded a number of fundamental civil
rights and civil freedoms into law. (Declaration of the Rights of Man and of the Citizen approved
by the National Assembly of France, August 26, 1789).

We hold these truths to be self-evident, that all men are created equal, that they

“ are endowed by their Creator with certain unalienable Rights, which among these
are Life, Liberty and the pursuit of Happiness. ”
—United States Declaration of Independence, 1776

In the 19th century, human rights became a central concern over the issue of slavery. A number
of reformers such as William Wilberforce in Britain worked towards the abolition of slavery.
This was achieved in the British Empire by the Slave Trade Act 1807 and the Slavery Abolition
Act 1833. In the United States, many northern states abolished their institution of slavery by the
mid-19th century, although southern states were still very much economically dependent on
slave labor. Conflict and debates over the expansion of slavery to new territories culminated in 28
the southern states' secession and the American Civil War.
During the reconstruction period immediately following the war, several amendments to the
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United States Constitution were made. These included the 13th amendment, banning slavery, pr
14th amendment, assuring full citizenship and civil rights to all people born in the United States, il
and the 15th amendment, guaranteeing African Americans the right to vote.
The establishment of the International Committee of the Red Cross, the 1864 Lieber Code and
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the first of the Geneva Conventions in 1864 laid the foundations of International humanitarian 22
law, to be further developed following the two World Wars. 02
At the 1945 Yalta Conference, the Allied Powers agreed to create a new body to supplant the
League's role. This body was to be the United Nations. The United Nations has played an 12
important role in international human rights law since its creation. Following the World Wars the 8
United Nations and its members developed much of the discourse and the bodies of law which A
now make up international humanitarian law and international human rights law.
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II. International law il
Modern international conceptions of human rights can be traced to the aftermath of World War II A
and the foundation of the United Nations. Article 1(3) of the United Nations charter set out one aa
of the purposes of the UN is to: “achieve international cooperation in solving international
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problems of an economic, social, cultural, or humanitarian character and in promoting and
encouraging respect for human rights and for fundamental freedoms for all without distinction as A
to race, sex, language, or religion". The rights espoused in the UN charter would be codified in 20
the International Bill of Human Rights, composing the Universal Declaration of Human Rights,
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the International Covenant on Civil and Political Rights and the International Covenant on
Economic, Social and Cultural Rights.

II.A. Universal Declaration of Human Rights

The Universal Declaration of Human Rights (UDHR) was adopted by the United Nations
General Assembly in 1948, partly in response to the atrocities of World War II. Although the
UDHR was a non-binding resolution, it is now considered to have acquired the force of
international customary law which may be invoked under appropriate circumstances by national
and other judiciaries. The UDHR urges member nations to promote a number of human, civil,
economic and social rights, asserting these rights are part of the "foundation of freedom, justice
and peace in the world." The declaration was the first international legal effort to limit the
behavior of states and press upon them duties to their citizens following the model of the rights-
duty duality.

...recognition of the inherent dignity and of the equal and inalienable rights of all

“ members of the human family is the foundation of freedom, justice and peace in
the world ”
—Preamble to the Universal Declaration of Human Rights, 1948
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II.B. Treaties A
In 1966, the International Covenant on Civil and Political Rights (ICCPR) and the International pr
Covenant on Economic, Social and Cultural Rights (ICESCR) were adopted by the United
Nations, between them making the rights contained in the UDHR binding on all states that have
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signed this treaty, creating human rights law. 22
Since then numerous other treaties (pieces of legislation) have been offered at the international 22
level. They are generally known as human rights instruments. Some of the most significant,
referred to (with ICCPR and ICESCR) as "the seven core treaties", are:
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 Convention on the Elimination of All Forms of Racial Discrimination (CERD) (adopted 8
1966, entry into force: 1969)
 Convention on the Elimination of All Forms of Discrimination Against Women
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(CEDAW) (entry into force: 1981) pr
 United Nations Convention Against Torture (CAT) (adopted 1984, entry into force: il
1984)
 Convention on the Rights of the Child (CRC) (adopted 1989, entry into force: 1989) A
 Convention on the Rights of Persons with Disabilities (CRPD) (adopted 2006, entry into aa
force: 2008) A
 International Convention on the Protection of the Rights of All Migrant Workers and
Members of their Families (ICRMW or more often MWC) (adopted 1990, entry into A
force: 2003) 20
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II.C. Humanitarian Law (Original Geneva Convention in 1864 and

Humanitarian law)
The Geneva Conventions came into being between 1864 and 1949 as a result of efforts by
Henry Dunant, the founder of the International Committee of the Red Cross. The conventions
safeguard the human rights of individuals involved in armed conflict, and build on the 1899 and
1907 Hague Conventions, the international community's first attempt to formalize the laws of
war and war crimes in the nascent body of secular international law. The conventions were
revised as a result of World War II and readopted by the international community in 1949.

II.D. Universal Jurisdiction

Universal jurisdiction is a controversial principle in international law whereby states claim
criminal jurisdiction over persons whose alleged crimes were committed outside the boundaries
of the prosecuting state, regardless of nationality, country of residence, or any other relation with
the prosecuting country. The state backs its claim on the grounds that the crime committed is
considered a crime against all, which any state is authorized to punish. The concept of universal
jurisdiction is therefore closely linked to the idea that certain international norms are erga omnes,
or owed to the entire world community, as well as the concept of jus cogens.

III. International organizations 28

III.A. United Nations (The UN General Assembly) A
The United Nations (UN) is the only multilateral governmental agency with universally accepted pr
international jurisdiction for universal human rights legislation. Human rights are primarily il
governed by the United Nations Security Council and the United Nations Human Rights Council,
and there are numerous committees within the UN with responsibilities for safeguarding 22
different human rights treaties. The most senior body of the UN with regard to human rights is 22
the Office of the High Commissioner for Human Rights. The United Nations has an international 02
mandate to:
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...achieve international co-operation in solving international problems of an
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“ economic, social, cultural, or humanitarian character and in promoting and A
encouraging respect for human rights and for fundamental freedoms for all without
distinction as to race, gender, language, or religion. ” pr
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—Article 1–3 of the United Nations Charter
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III.B. Human Rights Council (United Nations Human Rights Council)
The United Nations Human Rights Council, created at the 2005 World Summit to replace the A
United Nations Commission on Human Rights, has a mandate to investigate violations of human A
rights. The Human Rights Council is a subsidiary body of the General Assembly and reports 20
directly to it. It ranks below the Security Council, which is the final authority for the
interpretation of the United Nations Charter. Forty-seven of the one hundred ninety-one member 28
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states sit on the council, elected by simple majority in a secret ballot of the United Nations
General Assembly. Members serve a maximum of six years and may have their membership
suspended for gross human rights abuses. The Council is based in Geneva, and meets three times
a year; with additional meetings to respond to urgent situations.
Independent experts (rapporteurs) are retained by the Council to investigate alleged human
rights abuses and to provide the Council with reports.
The Human Rights Council may request that the Security Council take action when human rights
violations occur. This action may be direct actions, may involve sanctions, and the Security
Council may also refer cases to the International Criminal Court (ICC) even if the issue being
referred is outside the normal jurisdiction of the ICC.

III.C. Security Council United Nations Security Council

The United Nations Security Council has the primary responsibility for maintaining
international peace and security and is the only body of the UN that can authorize the use of
force (including in the context of peace-keeping operations), or override member nations
sovereignty by issuing binding Security Council resolutions. Created by the UN Charter, it is
classed as a Charter Body of the United Nations. The UN Charter gives the Security Council the
power to:

 Investigate any situation threatening international peace;

 Recommend procedures for peaceful resolution of a dispute; 28
 Call upon other member nations to completely or partially interrupt economic relations as A
well as sea, air, postal, and radio communications, or to sever diplomatic relations; and pr
 Enforce its decisions militarily if necessary.
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The Security Council hears reports from all organs of the United Nations, and can take action 22
over any issue which it feels threatens peace and security, including human rights issues. It has at 22
times been criticized for failing to take action to prevent human rights abuses, including the
Darfur crisis, the Srebrenica massacre and the Rwandan Genocide. 02
The Rome Statute of the International Criminal Court recognizes the Security Council as having 12
the power to refer cases to the Court, where the Court could not otherwise exercise jurisdiction. 8
On April 28 2006 the Security Council adopted resolution 1674 that "Reaffirm the provisions of
paragraphs 138 and 139 of the 2005 World Summit Outcome Document regarding the A
responsibility to protect populations from genocide, war crimes, ethnic cleansing and crimes pr
against humanity" and committed the Security Council to action to protect civilians in armed il
conflict.
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Other UN Treaty Bodies aa
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A modern interpretation of the original Declaration of Human Rights was made in the Vienna A
Declaration and Program of Action adopted by the World Conference on Human Rights in 1993.
The degree of unanimity over these conventions, in terms of how many and which countries have 20
ratified them varies, as does the degree to which they are respected by various states. The UN 28
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has set up a number of treaty-based bodies to monitor and study human rights, to be supported
by the UN High Commissioner for Human Rights (UNHCHR). The bodies are committees of
independent experts that monitor implementation of the core international human rights treaties.
They are created by the treaty that they monitor.

III.C. Nongovernmental Organizations

International Nongovernmental human rights organizations such as Amnesty International and
Human Rights Watch promote and monitor human rights around the world. Human Rights
organizations ""translate complex international issues into activities to be undertaken by
concerned citizens in their own community" Human rights organizations frequently engage in
lobbying and advocacy in an effort to convince the united nations, supranational bodies and
national governments to respect human rights. Many Human rights organizations have observer
status at the various United Nations bodies tasked with protecting human rights. The most
prominent nongovernmental human rights conference is the Oslo Freedom Forum, a gathering
described by The Economist as “on its way to becoming a human-rights equivalent of the Davos
economic forum.”

IV. Regional human rights

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The three principal regional human rights instruments are the African Charter on Human and
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Peoples' Rights, the American Convention on Human Rights (the Americas) and the European
Convention on Human Rights. pr
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IV.A. The African Charter on Human and Peoples’ Rights 22
. (Human rights in Africa) 22
The African Union (AU) is a supranational union consisting of fifty-three African states.
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Established in 2001, the AU's purpose is to help secure Africa's democracy, human rights, and a
sustainable economy, especially by bringing an end to intra-African conflict and creating an 12
effective common market. 8
The African Charter on Human and Peoples' Rights is the region's principal human rights
instrument and emerged under the aegis of the Organization of African Unity (OAU) (since
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replaced by the African Union). The intention to draw up the African Charter on Human and pr
Peoples' Rights was announced in 1979 and the Charter was unanimously approved at the OAU's il
1981 Assembly. Pursuant to its Article 63 (whereby it was to "come into force three months after
the reception by the Secretary General of the instruments of ratification or adherence of a simple
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majority" of the OAU's member states), the African Charter on Human and Peoples' Rights came aa
into effect on 21 October 1986 – in honor of which 21st of October was declared "African Human A
Rights Day". The African Commission on Human and Peoples' Rights (ACHPR) is a quasi- A
judicial organ of the African Union tasked with promoting and protecting human rights and
collective (peoples') rights throughout the African continent as well as interpreting the African
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Charter on Human and Peoples' Rights and considering individual complaints of violations of the
Charter. The Commission has three broad areas of responsibility:

 Promoting human and peoples' rights

 Protecting human and peoples' rights
 Interpreting the African Charter on Human and Peoples' Rights

The Court of Justice of the African Union is intended to be the “principal judicial organ of the
Union” (Protocol of the Court of Justice of the African Union, Article 2.2).
Although it has not yet been established, it is intended to take over the duties of the African
Commission on Human and Peoples' Rights, as well as act as the Supreme Court of the African
Union, interpreting all necessary laws and treaties. The Protocol establishing the African Court
on Human and Peoples' Rights entered into force in January 2004 but its merging with the Court
of Justice has delayed its establishment. The Protocol establishing the Court of Justice will come
into force when ratified by 15 countries. There are many countries in Africa accused of human
rights violations by the international community and NGOs.

IV.B. The American Convention on Human Rights

(Human rights in North America and Human rights in South America)
The Organization of American States (OAS) is an international organization, headquartered in
Washington, D.C., United States. Its members are the thirty-five independent states of the
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Americas. Over the course of the 1990s, with the end of the Cold War, the return to democracy A
in Latin America, and the thrust toward globalization, the OAS made major efforts to reinvent pr
itself to fit the new context. Its stated priorities now include the following:
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 Strengthening democracy 22
 Working for peace 22
 Protecting human rights
 Combating corruption
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 The rights of Indigenous Peoples 12
 Promoting sustainable development 8
The Inter-American Commission on Human Rights (the IACHR) is an autonomous organ of the
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Organization of American States, also based in Washington, D.C. Along with the Inter-American pr
Court of Human Rights, based in San José, Costa Rica, it is one of the bodies that comprise the il
inter-American system for the promotion and protection of human rights. The IACHR is a
permanent body which meets in regular and special sessions several times a year to examine
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allegations of human rights violations in the hemisphere. Its human rights duties stem from three aa
documents: A
 the OAS Charter A
 the American Declaration of the Rights and Duties of Man 20
 the American Convention on Human Rights 28
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The Inter-American Court of Human Rights was established in 1979 with the purpose of
enforcing and interpreting the provisions of the American Convention on Human Rights. Its two
main functions are thus adjudicatory and advisory. Under the former, it hears and rules on the
specific 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.
Many countries in the Americas, such as Colombia, Canada, Cuba, Mexico, The United States,
and Venezuela have been accused of human rights violations.

IV.C. The European Convention on Human Rights

(Human rights in Europe)

The Council of Europe, founded in 1949, is the oldest organization working for European
integration. It is an international organization with legal personality recognized under public
international law and has observer status with the United Nations. The seat of the Council of
Europe is in Strasbourg in France. The Council of Europe is responsible for both the European
Convention on Human Rights and the European Court of Human Rights. These institutions bind
the Council's members to a code of human rights which, though strict, are more lenient than
those of the United Nations charter on human rights. The Council also promotes the European
Charter for Regional or Minority Languages and the European Social Charter.[56] Membership is
open to all European states which seek European integration, accept the principle of the rule of
law and are able and willing to guarantee democracy, fundamental human rights and freedoms.
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The Council of Europe is separate from the European Union, but the latter is expected to accede A
to the European Convention and potentially the Council itself. The EU also has a separate human pr
rights document; the Charter of Fundamental Rights of the European Union.
The European Court of Human Rights is the only international court with jurisdiction to deal
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with cases brought by individuals (rather than states). In early 2010 the court had a backlog of 22
over 120,000 cases and a multi-year waiting list. About 1 out of every 20 cases submitted to the 22
court is considered admissible. In 2007 the court issued 1,503 verdicts. At the current rate of
proceedings, it would take 46 years for the backlog to clear.
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CHAPTER I: Human rights 8
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I. Reading of the text pr
II. Translation of the hard words il
III. Translation of the text
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IV. Comprehension: Questions and Answers
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1. Define the formally and the modern conception of Human Rights A
2. Explain the different Universal Declaration of Human Rights A
3. What do you think about the UN Human Rights Council? It’s Security Council? 20
4. What are the different instruments of Human Rights? 28
5. What are the main Conventions in the text? Explain all of them.
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6. Compare all of the conventions we have in Human Rights
7. What are the rules of United Nation in Humanitarian cases or Human Rights?

Home Work: Explain in 25 lines, the failure of Human Rights in West

Africa and everywhere in the third World..

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