Understanding Basic Human Rights

Basic Concepts of Human Rights

• Human rights are fundamental rights and freedoms inherent to all individuals, irrespective of gender, skin color, social class, or origin.
• They protect the dignity, freedom, and equality of every person.
• Core principles of human rights include:
  • Universality: Rights belong to everyone.
  • Inalienability: Rights cannot be taken away except in specific circumstances.
  • Indivisibility: All rights are equally important.
  • Equality and non-discrimination: Everyone is equal before the law.
  • Participation and inclusion: Individuals should be able to participate in decisions.
  • Accountability and the rule of law: Governments and individuals must be held accountable.
• The modern concept of human rights gained prominence post-World War II, particularly after the Holocaust.
• 1945: The United Nations was founded with the goal of maintaining international peace and security, protecting human rights, delivering humanitarian aid, promoting sustainable development, and upholding international law.
• 1948: The Universal Declaration of Human Rights (UDHR) was adopted, detailing the rights and freedoms of all human beings.
• Criticism exists, suggesting it's a Western concept or not fully enforceable.
• Human rights are divided into three generations:
  • First-generation: Civil and political rights (e.g., right to life, freedom of religion).
  • Second-generation: Economic, social, and cultural rights (e.g., education, healthcare).
  • Third-generation: Collective rights (e.g., environmental rights and right to self-determination).

Human Rights in Practice

• The United Nations Human Rights Council and the Office of the High Commissioner for Human Rights (OHCHR) are key bodies.
• Non-governmental organizations (NGOs) like Amnesty International and Human Rights Watch document abuses and advocate for accountability.

International Law

• International law comprises the rules, norms, and standards that states generally obey in their interactions, traditionally focusing on state relations, diplomatic ties, and laws of war.
• International Human Rights Law, with the UDHR as its base, focuses on governments' obligations to promote and protect human rights and freedoms, especially during peacetime.
• International Humanitarian Law (IHL) governs the conduct of war, aiming to minimize the effects of armed conflict by protecting non-combatants and regulating warfare methods.
• Core principles of IHL:
  • Distinction: Differentiating between combatants and civilians.
  • Proportionality: Military actions must not cause excessive harm to civilians relative to military gain.
  • Necessity: Force must be essential for a legitimate military objective.
  • Humanity: Minimizing the suffering of combatants and civilians.

International Criminal Justice

• International Criminal Justice enforces accountability for severe international crimes through courts, tribunals, and legal mechanisms.
• International Criminal Law (ICL) defines crimes and sets jurisdiction, holding individuals accountable for genocide, war crimes, and crimes against humanity.
• Principles of ICL include:
  • Focus on individual accountability.
  • Command responsibility: Leaders are accountable for subordinates' crimes if they knew but failed to act.
  • Restoring justice in post-conflict societies.
  • Deterrence of future violations.
  • Fair trial rights for the accused, including legal representation and presumption of innocence.

Historical Evolution of International Criminal Law

• International Military Tribunal (IMT) – Nuremberg Tribunal (1945-1946): Prosecuted Nazi leaders and established individual responsibility and the illegality of "just following orders".
• International Military Tribunal for the Far East (IMTFE) / Tokyo Tribunal (1946-1948): Prosecuted Japanese leaders for war crimes during WWII.
• Ad Hoc tribunals:
  • International Criminal Tribunal for Yugoslavia (ICTY): Addressed crimes during the Balkan Wars.
  • International Criminal Tribunal for Rwanda (ICTR): Focused on the 1994 genocide.
• International Criminal Court (ICC): Established by the Rome Statute in 1998, the first permanent international court to prosecute individuals for genocide, war crimes, and crimes against humanity.

Core International Crimes

• Genocide: Intent to destroy a national, ethnic, racial, or religious group. Example: Rwanda (1994), and evidence includes official orders, testimonies, and mass graves.
• Crimes Against Humanity: Widespread or systematic attacks against civilians (e.g., torture, enslavement). Example: Nuremberg Tribunal (1945-1946), and evidence includes government orders and patterns of persecution.
• War Crimes: Violations of the laws of war, including targeting civilians or using prohibited weapons. Example: Yugoslavia - ICTY (1990s), and evidence includes battlefield reports and weapon analysis.
• Aggression: Use of armed force by a state against another state's sovereignty. Example: Nuremberg Tribunal (1945-1946), and evidence includes government speeches and military plans.

United Nations (UN) and Human Rights

• The UN was established in 1945 to maintain international peace and security and promote human rights.

UN Human Rights Mechanisms

• Charter-Based Mechanisms (Apply to All UN Members):
  • United Nations Human Rights Council (UNHRC): The main intergovernmental body for human rights, with 47 elected member states.
  • Office of the High Commissioner for Human Rights (OHCHR): Supports the Human Rights Council and treaty bodies.
• Treaty-Based Mechanisms (Only Apply to Ratifying States):
  • Nine major human rights treaties monitored by nine treaty bodies.
    • International Covenant on Civil and Political Rights (ICCPR): Freedom of speech, religion, and self-determination (monitored by the Human Rights Committee).
    • International Covenant on Economic, Social, and Cultural Rights (ICESCR): Rights to education, health, and labor (monitored by CESCR).
    • Convention on the Elimination of Racial Discrimination (CERD): Prohibits racial discrimination.
    • Convention on the Elimination of Discrimination Against Women (CEDAW): Promotes women’s rights.
    • Convention Against Torture (UNCAT): Prevents torture and inhuman treatment.
    • Convention on the Rights of the Child (CRC): Protects children’s rights.
    • Convention on Migrant Workers (CMW): Rights of migrant workers and their families.
    • Convention on the Rights of Persons with Disabilities (CRPD): Protects people with disabilities.
    • Convention on Enforced Disappearances (ICPPED): Prevents forced disappearances.
• Other UN Human Rights Institutions:
  • UN Specialized Agencies: WHO (health), ILO (labor rights), UNESCO (education & culture).
  • UN Funds & Programs: UNICEF (children), UNHCR (refugees), UN Women (gender equality).
  • UN-Linked Legal Mechanisms:
    • International Criminal Court (ICC): Prosecutes individuals for war crimes, genocide, and aggression.
    • International Court of Justice (ICJ): Resolves disputes between states, focusing on state accountability.
    • Ad Hoc Tribunals: Temporary courts set up to address specific crises, such as the ICTY and ICTR.
    • Special Hybrid Tribunals: Blend national and international law to address crimes (e.g., Special Court for Sierra Leone).

UN Actions

• Peacekeeping: Deployment of UN forces to monitor ceasefires and support post-conflict stabilization.
• Peacemaking: Diplomatic efforts to negotiate peace agreements between conflicting parties.
• Peace Enforcement: Use of military force authorized by the UN to compel peace in conflict zones.
• Conflict Management: Includes strategies to prevent, de-escalate, and resolve disputes, including mediation and diplomacy.
• Arms Control: International agreements to regulate or reduce weapons stockpiles to prevent conflict escalation.

Responsibility to Protect (R2P)

• A global norm that holds states responsible for preventing genocide, war crimes, ethnic cleansing, and crimes against humanity, established after failures in Rwanda (1994) and Srebrenica (1995).
• Three pillars of R2P:
  • State Responsibility: Governments must protect their populations from mass atrocities.
  • International Assistance: If a state fails, the international community must help.
  • Timely and Decisive Action: If a state refuses, the UN can intervene (diplomatically or militarily).

Non-State Actors

• Non-state actors are entities not affiliated with a government but influence human rights, including NGOs, multinational corporations, individuals, and non-state armed groups.
• NGOs: Play a role in advocacy and awareness campaigns, monitoring and documenting human rights violations, and providing aid and support.
• Multinational Corporations: Can promote labor rights and economic growth but might be accused of child labor, unsafe working conditions, and environmental damage.
• Non-state armed groups: Can violate human rights but some fight for self-determination.
• Individuals: Significant examples include Mahatma Gandhi, Rosa Parks and Greta Thunberg.