SUBMITTED BY: SUBMITTED TO:
Maria Ashraf Ma’am Saima
BS VIII SEMESTER POL.SC / IR LECTURER POL.SC
REG. NO: 10050615-033/2208
COURSE: regional organization
FACULTY OF SOCIAL SCIENCES
GOVT.POST GRADUATE COLLEGE (W), S/ TOWN, RAWALPINDI
A. Understand the history and development of international human rights law and how it
interacts with the law of war.
B. Understand those human rights considered customary international law.
C. ...view middle of the document...
1. The Nuremberg War Crimes Trials are an example of a human rights approach to protection. The trials held former government officials legally responsible for the treatment of individual citizens within the borders of their state. The trials did not rely on domestic law, but rather on novel charges like “crimes against humanity.”
2. Human rights occupied a central place in the newly formed United Nations. The Charter of the United Nations contains several provisions dealing directly with human rights. One of the earliest General Assembly resolutions, the Universal Declaration of Human Rights(UDHR), is undoubtedly the strongest international statement of universal human rights norms.
3. Following the adoption of the 1949 Geneva Conventions, development of the law of war (LOW) began to stall. Through the so-called Geneva Tradition, the Conventions had introduced an approach to regulating armed conflict that focused on protecting and respecting individuals. By the mid-1950’s, however, the LOW process stalled completely.
4. At the same time, however, human rights law experienced a boom. Two of the most significant human rights treaties, the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic Social and Cultural Rights, were adopted and opened for signature in 1966.
Human Rights and Law of War:
Scholars and States disagree over the interaction between human rights law and the LOW. Positions range from arguments that they are entirely separate systems. In the late-1960’s, the United Nations General Assembly took on the application of human rights during armed conflict. Ultimately, however, the resolutions produced few ambiguous references to humanitarian principles.
1. The Traditional / United States View.
Traditionally, human rights law and the LOW have been viewed as separate systems of protection. This classic view applies human rights law and the LOW to different situations and different relationships respectively.
a. Human rights law, in the traditional view, regulates the relationship between States and individuals within their territory and under their jurisdiction and may, however, be inapplicable during emergencies. This reflects the original focus of human rights law, which was to protect individuals from the harmful acts of their own governments.
b. Law of War, in the traditional view, regulates wartime relations between belligerents and civilians as well as protected persons, usually not one’s own citizens or nationals.
2. Emerging view.
An expanding group of scholars and States has come to view the application of human rights law and LOW as overlapping. In this view, human rights law may create rights and duties beyond national borders between States and alien individuals during periods of armed conflict as well as during peace. The International Court of Justice recently adopted this view in two different Advisory Opinions.
IV. FUNDAMENTAL HUMAN RIGHTS:...