Human Rights Fundamentals

Human Rights

• Universal Declaration of Human Rights (1948): a foundational document enshrining fundamental rights and freedoms
• International Covenant on Civil and Political Rights (1966) and International Covenant on Economic, Social and Cultural Rights (1966): two core treaties that elaborate on human rights
• Human rights are categorized into:
  • Civil and political rights (e.g., life, liberty, freedom of speech)
  • Economic, social and cultural rights (e.g., education, healthcare, labor rights)
• Key human rights principles:
  • Non-discrimination
  • Equality
  • Universality
  • Indivisibility
• Human rights mechanisms:
  • United Nations Human Rights Council
  • Special Procedures (e.g., Special Rapporteurs)
  • Treaty bodies (e.g., Human Rights Committee)

International Courts

• International Court of Justice (ICJ):
  • Primary judicial organ of the United Nations
  • Adjudicates disputes between states
  • Provides advisory opinions on international law
• International Criminal Court (ICC):
  • Prosecutes individuals for international crimes (e.g., genocide, war crimes, crimes against humanity)
  • Has jurisdiction over crimes committed after 2002
• Other international courts:
  • International Tribunal for the Law of the Sea
  • International Criminal Tribunals (e.g., ICTY, ICTR)

State Responsibility

• Definition: the international legal obligation of a state to make reparation for a breach of an international obligation
• Key principles:
  • The responsibility of a state is engaged when an internationally wrongful act is committed
  • The state must make full reparation for the injury caused
  • The responsibility of a state is not limited to its own acts, but also extends to acts of its organs and agents
• The International Law Commission's Articles on State Responsibility (2001) provide a comprehensive framework for state responsibility

Treaties and Conventions

• Definition: a written agreement between states governed by international law
• Types of treaties:
  • Bilateral treaties (between two states)
  • Multilateral treaties (between multiple states)
  • Law-making treaties (create new international law)
• Key characteristics:
  • Treaties are binding on the parties
  • Treaties must be interpreted in good faith
  • Treaties can be amended or terminated
• Examples of significant treaties:
  • Vienna Convention on the Law of Treaties (1969)
  • Geneva Conventions (1949)

International Criminal Law

• Definition: the body of law that deals with the prosecution of individuals for international crimes
• Key principles:
  • Nullum crimen sine lege (no crime without a law)
  • Nulla poena sine lege (no punishment without a law)
  • The principle of legality (no retrospective application of criminal law)
• International crimes:
  • Genocide
  • War crimes
  • Crimes against humanity
  • Aggression
• Modes of liability:
  • Direct responsibility
  • Indirect responsibility (e.g., command responsibility)
  • Joint criminal enterprise

Human Rights

• Universal Declaration of Human Rights (1948) is a foundational document that enshrines fundamental rights and freedoms.
• Two core treaties that elaborate on human rights are the International Covenant on Civil and Political Rights (1966) and the International Covenant on Economic, Social and Cultural Rights (1966).
• Human rights are categorized into civil and political rights, and economic, social and cultural rights.
• Civil and political rights include the right to life, liberty, and freedom of speech.
• Economic, social and cultural rights include the right to education, healthcare, and labor rights.
• Key human rights principles include non-discrimination, equality, universality, and indivisibility.
• The United Nations Human Rights Council, Special Procedures, and Treaty bodies are human rights mechanisms.

International Courts

• The International Court of Justice (ICJ) is the primary judicial organ of the United Nations.
• The ICJ adjudicates disputes between states and provides advisory opinions on international law.
• The International Criminal Court (ICC) prosecutes individuals for international crimes, such as genocide, war crimes, and crimes against humanity.
• The ICC has jurisdiction over crimes committed after 2002.
• Other international courts include the International Tribunal for the Law of the Sea and International Criminal Tribunals.

State Responsibility

• State responsibility is the international legal obligation of a state to make reparation for a breach of an international obligation.
• The responsibility of a state is engaged when an internationally wrongful act is committed.
• The state must make full reparation for the injury caused.
• The responsibility of a state is not limited to its own acts, but also extends to acts of its organs and agents.
• The International Law Commission's Articles on State Responsibility (2001) provide a comprehensive framework for state responsibility.

Treaties and Conventions

• A treaty is a written agreement between states governed by international law.
• Bilateral treaties are between two states, while multilateral treaties are between multiple states.
• Law-making treaties create new international law.
• Treaties are binding on the parties and must be interpreted in good faith.
• Treaties can be amended or terminated.
• Examples of significant treaties include the Vienna Convention on the Law of Treaties (1969) and the Geneva Conventions (1949).

International Criminal Law

• International criminal law is the body of law that deals with the prosecution of individuals for international crimes.
• The principle of nullum crimen sine lege (no crime without a law) applies to international criminal law.
• The principle of nulla poena sine lege (no punishment without a law) also applies.
• The principle of legality (no retrospective application of criminal law) is a key principle of international criminal law.
• International crimes include genocide, war crimes, crimes against humanity, and aggression.
• Modes of liability include direct responsibility, indirect responsibility, and joint criminal enterprise.