Human Rights Educ
Human Rights Educ
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The Security Council can impose economic and Independence and Impartiality:
diplomatic sanctions on nations or entities to address
threats to international peace and security. The ICJ operates independently and impartially.
Judges are expected to act in their personal capacity
Sanctions are designed to encourage compliance with and not as representatives of their respective countries.
UN resolutions.
Advisory Opinions:
Role in Conflict Resolution:
The Court provides advisory opinions on legal
The Security Council often plays a central role in questions referred to it by UN organs and specialized
diplomatic efforts to resolve conflicts, sometimes agencies. These opinions are non-binding but carry
through mediation and negotiation. significant legal weight and are often used to guide the
actions of UN member states and agencies.
International Court of Justice (ICJ):
Contentious Cases:
The Security Council can refer certain disputes to the
International Court of Justice for advisory opinions. The ICJ hears contentious cases, which are legal
disputes between states. Parties must consent to the
III. Economic and Social Council Court's jurisdiction, either through special agreements,
A founding UN Charter body established in 1946, the conventions, or treaties.
Economic and Social Council (ECOSOC) is the place Compulsory Jurisdiction:
where the world’s economic, social and environmental
challenges are discussed and debated, and policy While the ICJ generally requires the consent of the
recommendations issued. parties involved, states may choose to accept the
Court's compulsory jurisdiction by making a
Composition: declaration under the Statute of the ICJ. Not all states
ECOSOC consists of 54 member states elected by the accept compulsory jurisdiction.
General Assembly for three-year terms. Procedures:
Members are distributed among geographic regions to The Court follows established procedures for the
ensure equitable representation. submission of cases, written and oral pleadings, and
Functions and Powers: the rendering of judgments. The proceedings are
public, and the Court's decisions are final and binding
ECOSOC serves as the central platform for discussing on the parties involved.
international economic and social issues, as well as for
formulating policy recommendations. Enforcement:
It promotes international cooperation for development The ICJ lacks its own enforcement mechanism.
and encourages the adoption of international standards However, parties are generally expected to comply
and norms. with its judgments, and the UN Security Council may
be involved in enforcing decisions if necessary.
IV. Trusteeship Council
Role in International Law:
The Trusteeship Council was established to provide
international supervision for 11 Trust Territories and to The ICJ plays a crucial role in the development and
make sure that adequate steps were taken to prepare interpretation of international law. Its decisions
the Territories for self-government or independence. contribute to the body of international legal principles
and precedents.
V. International Court of Justice
VI. Secretariat
The International Court of Justice (ICJ) is the principal
judicial organ of the United Nations (UN). Established The United Nations Secretariat is one of the principal
in 1945, the ICJ is located in The Hague, Netherlands, organs of the United Nations (UN) and serves as the
and it serves as the primary judicial branch of the UN. administrative backbone of the organization.
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The Secretary-General serves a renewable term of five Secretary-General. Its work spans a wide range of
years and is expected to act as a neutral international global challenges, reflecting the diverse mandates of
civil servant. the UN's principal organs and the evolving needs of
the international community.
Appointment of the Secretary-General:
"Blue helmets" refer to the military personnel, police,
The Secretary-General is appointed based on merit, and civilian personnel serving in United Nations
taking into account the principles of geographical peacekeeping missions. The term comes from the
rotation and ensuring fair representation of different distinctive blue helmets or berets worn by these
regions of the world. personnel as part of their uniform. UN peacekeeping
Functions: missions are deployed to regions of conflict or post-
conflict to help maintain or restore international peace
The UN Secretariat carries out the substantive and and security.
administrative work of the UN, implementing
decisions made by the General Assembly, the Security United Nations Charter
Council, and other UN organs. The Charter of the United Nations is the founding
It plays a central role in coordinating the activities of document of the United Nations.
the UN system, including specialized agencies, It was signed on 26 June 1945, in San Francisco, at
programs, and funds. the conclusion of the United Nations Conference on
Policy Formulation: International Organization, and came into force on 24
October 1945.
The Secretariat is involved in policy formulation and
provides advice to the UN's principal organs, member UN Charter is an instrument of international law, and
states, and the Secretary-General on a wide range of UN Member States are bound by it.
global issues. UNIVERSAL DECLARATION OF HUMAN
International Civil Service: RIGHTS
The staff of the UN Secretariat, known as international The UDHR stands for the Universal Declaration of
civil servants, are expected to be recruited based on Human Rights. It is a foundational document in the
merit and serve the global community impartially. field of human rights and was adopted by the United
Nations General Assembly on December 10, 1948.
Departments and Offices: The UDHR serves as a common standard of human
rights principles for all people and nations.
The Secretariat is organized into various departments,
offices, and programs, each focusing on specific areas Preamble:
such as political affairs, peacekeeping operations,
economic and social development, and humanitarian The UDHR begins with a preamble that emphasizes
affairs. the inherent dignity and equal and inalienable rights of
all members of the human family as the foundation of
Peacekeeping Operations: freedom, justice, and peace in the world.
The Secretariat is directly involved in the planning, Content:
deployment, and management of UN peacekeeping
operations around the world. These operations aim to The declaration consists of 30 articles outlining the
maintain or restore international peace and security. rights and freedoms to which all individuals are
entitled. These rights are comprehensive, covering
Coordination with Member States: civil, political, economic, social, and cultural rights.
The Secretariat maintains close coordination with Inalienable Rights:
member states, providing information, facilitating
communication, and supporting diplomatic initiatives. The rights articulated in the UDHR are considered
inalienable, meaning they cannot be surrendered or
Budget and Administration: transferred and are inherent to all individuals by virtue
of their humanity.
The Secretariat is responsible for preparing and
executing the UN's budget, ensuring efficient use of Civil and Political Rights:
resources, and maintaining financial and
administrative standards. The UDHR includes rights such as the right to life,
liberty, and security of person; freedom from torture
Advisory Role: and slavery; the right to a fair trial; and freedom of
thought, conscience, and religion.
The Secretariat plays an advisory role, providing the
Secretary-General with information and analysis to Economic, Social, and Cultural Rights:
assist in decision-making.
The declaration recognizes economic, social, and
The UN Secretariat, headquartered in New York City, cultural rights, including the right to work, education,
operates under the guidance and authority of the
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and an adequate standard of living. It emphasizes the The ICC consists of several organs, including the
right to participate in the cultural and scientific life of Presidency, Chambers, Office of the Prosecutor, and
the community. the Registry.
The UDHR underscores the principles of equality and The Prosecutor is responsible for conducting
non-discrimination, asserting that all individuals are investigations and prosecutions before the ICC. The
equal before the law and entitled to equal protection Prosecutor can initiate investigations based on
against any discrimination. referrals from states, the UN Security Council, or the
Prosecutor's own initiative.
Global Standard:
Legal Proceedings:
The UDHR is considered a global standard for human
rights. While it is not a legally binding treaty, it has Legal proceedings include investigations, arrests, pre-
played a significant role in the development of trial hearings, trials, and appeals. The Court operates
international human rights law and has inspired based on the principle of due process and fair trial
subsequent human rights treaties and conventions. rights.
Jurisdiction can extend to individuals, including The ICC emphasizes victims' participation in
military and political leaders, who are accused of proceedings, allowing them to present their views and
committing these crimes. concerns.
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State Parties: humane treatment, proper medical care, and respect
for their legal status.
States that have ratified or acceded to the Rome Statute
are referred to as State Parties. As of my last Fourth Geneva Convention (1949):
knowledge update in January 2022, there were 123
State Parties to the ICC. Title: "Convention Relative to the Protection of
Civilian Persons in Time of War."
The ICC represents a significant development in
international law, providing a mechanism for Focus: Provides protections for civilians in the hands
accountability for individuals responsible for the of a party to the conflict and under the control of an
gravest international crimes. However, its adverse party during international armed conflicts. It
effectiveness has been subject to challenges, including establishes rules regarding the treatment of civilians,
issues related to cooperation with states and their property, and their access to essential services.
enforcement of arrest warrants. In addition to these four main conventions, there are
two Additional Protocols to the Geneva Conventions:
International Humanitarian Law (IHL), also known as Title: "Protocol Additional to the Geneva Conventions
the Law of Armed Conflict or the Law of War, is a set of 12 August 1949, and relating to the Protection of
of rules and principles that seeks to mitigate the effects Victims of International Armed Conflicts."
of armed conflict and protect those who are not or are Focus: Extends and reinforces protections for victims
no longer participating in hostilities. The primary of international armed conflicts and introduces
objective of IHL is to balance military necessity with additional rules.
humanitarian concerns, emphasizing the need to
protect civilians, wounded or sick combatants, and Protocol II (1977):
other non-combatants.
Title: "Protocol Additional to the Geneva Conventions
The Four Geneva Conventions of 12 August 1949, and relating to the Protection of
Victims of Non-International Armed Conflicts."
The four Geneva Conventions are a set of international
treaties that establish the legal framework for the Focus: Provides protections for victims of non-
protection of individuals who are not or are no longer international armed conflicts, establishing rules for the
participating in hostilities during armed conflicts. treatment of individuals not participating in hostilities.
They were adopted in Geneva, Switzerland, in 1949
These conventions and protocols collectively form the
and are at the core of International Humanitarian Law
cornerstone of the international legal framework for
(IHL). The four Geneva Conventions are:
the protection of individuals during armed conflicts.
First Geneva Convention (1949): They reflect the principles of humanity, impartiality,
and the need to alleviate human suffering.
Title: "Convention for the Amelioration of the
Condition of the Wounded and Sick in Armed Kinds of IHL:
Forces in the Field."
Treaty Law – treaties, conventions, protocols and
Focus: Provides protections for wounded and sick similar international legal instruments – binding on
members of the armed forces on the battlefield during States Parties – which ratify or accede.
international armed conflicts. Customary Law – generally accepted principles and
rules established by sufficient state practice and legal
Second Geneva Convention (1949): opinion, which are binding on all, particularly on all
Title: "Convention for the Amelioration of the parties (including non-state armed groups) to armed
Condition of Wounded, Sick and Shipwrecked conflicts in the case of customary IHL.
Members of Armed Forces at Sea." Principles of IHL:
Focus: Extends protections similar to those in the First Distinction: IHL requires parties to distinguish
Convention to wounded, sick, and shipwrecked between civilians and combatants, as well as between
members of the armed forces at sea during civilian objects and military objectives. Deliberate
international armed conflicts. targeting of civilians and civilian objects is prohibited.
Third Geneva Convention (1949): Proportionality: The use of force must be
Title: "Convention Relative to the Treatment of proportionate to the military objective, and excessive
Prisoners of War." harm to civilians or civilian objects is not allowed.
Focus: Establishes the rights and protections for Military Necessity: Actions by belligerents must be
individuals captured and held as prisoners of war necessary for a legitimate military purpose and not
during international armed conflicts. It ensures exceed what is required to achieve that purpose.
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Humanity: The humane treatment of all persons in the and one or more non-state armed groups or between
power of the enemy is a fundamental principle. such groups. The rules of IHL provide protections for
Torture, cruel or degrading treatment, and the taking individuals not or no longer taking part in hostilities.
of hostages are prohibited.
The key criteria that determine the applicability of
Protection of Civilians: IHL are:
International Armed Conflicts: The tactics or strategy used in hostilities to defeat the
enemy by using available information on him together
IHL applies in situations of international armed with weapons, movement and surprise. International
conflict, which involve hostilities between two or law has sanctioned the following principles regarding
more states. In such conflicts, the rules of IHL govern means and methods of warfare:
the conduct of the parties involved, including the
protection of combatants, civilians, and certain civilian 1. The only legitimate object of war is to
objects. weaken the enemy’s military forces, for
which purpose it is sufficient to disable the
Non-International Armed Conflicts: greatest possible number of enemy
combatants;
IHL also applies in situations of non-international
2. The right to choose methods and means of
armed conflict, which involve hostilities within the
warfare is not unlimited;
territory of a single state between government forces
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3. It is prohibited to employ methods (and The ICRC maintains a strict policy of impartiality and
means) of warfare of a nature to cause neutrality. It does not take sides in conflicts, and its
superfluous injury or unnecessary suffering; activities are guided solely by humanitarian principles.
4. In the study, development, acquisition or This allows the organization to gain access to and
adoption of new means or methods of warfare assist all parties involved in a conflict.
it must be determined whether their
employment is not prohibited in some or all International Red Cross and Red Crescent
circumstances: Movement:
Prohibited methods of warfare include: The ICRC is part of the International Red Cross and
Red Crescent Movement, which also includes the
• Perfidy – refers to the act of treacherously International Federation of Red Cross and Red
betraying or violating the trust of an Crescent Societies (IFRC) and National Red Cross and
adversary in armed conflict. Red Crescent Societies. Each component of the
• Terror Movement has specific roles and responsibilities.
• Starvation – attacking, destroying, removing
Activities and Services:
or rendering useless objects indispensable to
the survival of the civilian population The ICRC engages in a wide range of activities to
• Reprisals against non-military objectives, provide humanitarian aid and protection. This includes
and indiscriminate attacks delivering medical care, ensuring access to clean water
• Damage to the natural environment or to and sanitation, supporting families separated by
works and installations containing dangerous conflict, promoting awareness of and respect for
forces International Humanitarian Law (IHL), and visiting
• Ordering that there shall be no survivors detainees to monitor their conditions.
• Pillage – involves the taking of property,
Dialogue with Authorities:
goods, or valuables from individuals,
communities, or areas, often by force or The ICRC engages in confidential and constructive
coercion dialogue with governments, armed forces, and other
• Taking hostages authorities to promote compliance with IHL, gain
• Taking advantage of the presence of the access to affected populations, and address the
civilian population or population movements humanitarian needs of those affected by conflict.
to promote the conduct of hostilities
• Improper use of distinctive emblems and Protection of Detainees:
signs One of the key activities of the ICRC is visiting places
• Attacks on persons hors de combat or of detention to assess conditions and treatment of
parachuting from an aircraft in distress detainees. The organization works to ensure that
individuals deprived of their liberty are treated in
accordance with international humanitarian standards.
INTERNATIONAL COMMITTEE OF THE RED
Promotion of IHL:
CROSS
The ICRC plays a crucial role in promoting awareness
The ICRC stands for the International Committee of
and respect for International Humanitarian Law. It
the Red Cross. It is an independent humanitarian
provides training and support to armed forces and
organization that operates worldwide and is dedicated
other relevant actors to ensure a better understanding
to providing assistance and protection to victims of
and implementation of IHL.
armed conflicts and other situations of violence. The
ICRC was founded in 1863 and is based in Geneva, Emergency Response:
Switzerland. It plays a central role in the International
Red Cross and Red Crescent Movement. The ICRC responds rapidly to emergencies and
humanitarian crises, providing immediate assistance
Key features of the International Committee of the Red such as medical care, food, and shelter to those
Cross (ICRC) include: affected by armed conflicts or natural disasters.
Humanitarian Mandate: The ICRC's work is grounded in principles of
humanity, impartiality, neutrality, independence,
The ICRC's primary mission is to alleviate the
voluntary service, unity, and universality. It strives to
suffering of individuals affected by armed conflicts
uphold the dignity and rights of individuals affected by
and other situations of violence. It provides assistance,
crises and conflicts, working to mitigate the impact of
protection, and support to those in need, irrespective
violence and promote conditions for a more
of nationality, religion, or political affiliation.
sustainable peace.
Impartiality and Neutrality:
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TREATY conditions under which a party can withdraw from or
terminate the treaty.
A treaty is a formal and legally binding agreement
between sovereign states or international Multilateral and Bilateral Treaties:
organizations. Treaties are also known by various
names, including conventions, accords, pacts, or Treaties can involve multiple parties (multilateral) or
protocols. These agreements are negotiated by just two parties (bilateral). Multilateral treaties involve
representatives of the parties involved and are more complex negotiations and are often negotiated
governed by international law. Treaties can cover a within international organizations.
wide range of subjects, including political, economic, Treaties play a crucial role in the development and
social, environmental, and military matters. Here are maintenance of international relations. They are
key features of treaties: essential tools for establishing norms, resolving
Negotiation: conflicts, and fostering cooperation among states and
international entities.
Treaties are the result of negotiations between the
parties involved. Representatives of the states or
international entities negotiate the terms and References and Suggested Readings:
conditions of the agreement.
https://www.un.org/
Consent:
https://www.icrc.org/
For a treaty to be valid, all parties involved must give
their consent to be bound by its terms. This consent is Judge Jacinto Dela Cruz, Jr., et. al., Understanding
usually expressed through the act of signing the treaty Human Rights and International Humanitarian Law,
or by later formally ratifying or acceding to it. Wiseman’s Books Trading, Inc.
Formalization:
Ratification:
Implementation:
Enforcement:
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