Human Rights Fundamentals
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Questions and Answers

What is the primary judicial organ of the United Nations that adjudicates disputes between states?

  • United Nations Human Rights Council
  • International Criminal Court
  • International Court of Justice (correct)
  • International Tribunal for the Law of the Sea
  • Which of the following is NOT a principle of human rights?

  • Equality
  • Retribution (correct)
  • Non-discrimination
  • Universality
  • What is the definition of state responsibility?

  • The economic obligation of a state to compensate victims
  • The political obligation of a state to obey international law
  • The international legal obligation of a state to make reparation for a breach of an international obligation (correct)
  • The moral obligation of a state to protect its citizens
  • Which type of treaty creates new international law?

    <p>Law-making treaty</p> Signup and view all the answers

    What is the principle of legality in international criminal law?

    <p>All of the above</p> Signup and view all the answers

    What is the term for the international legal obligation of a state to make reparation for a breach of an international obligation?

    <p>State responsibility</p> Signup and view all the answers

    What is the name of the international court that prosecutes individuals for international crimes?

    <p>International Criminal Court</p> Signup and view all the answers

    Which of the following is a key characteristic of treaties?

    <p>Treaties are binding on the parties</p> Signup and view all the answers

    What is the term for the mode of liability where an individual is responsible for the crimes committed by their subordinates?

    <p>Command responsibility</p> Signup and view all the answers

    What is the name of the document that enshrines fundamental human rights and freedoms?

    <p>Universal Declaration of Human Rights</p> Signup and view all the answers

    Study Notes

    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.

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    Learn about the foundational documents and categories of human rights, including civil and political rights, and economic, social and cultural rights.

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