The modern concept of human rights is rooted in the experiences of ‘legal lawlessness’ when crimes were committed with the authorization of the law, and when some human beings were denied their status as such. An answer to these experiences was the emergence of the international human rights law 2. The main aim of this branch of international law is to prevent broad violations of fundamental rights from recurring in the future. Appreciating the worth of every human being, the international community decided to eliminate elements that could destroy the individual person, but also to create the conditions that would enable him or her to develop and flourish 3. Accordingly, the Preambles of Universal Declaration of Human Rights provides that the
Without the rule of law, impunity reigns. In order that, by punishing violations of international legal norms and by promoting adherence to these norms, the ICC and the Rome Statute system play vital role in advancing the rule of law, thereby reducing impunity. Rome Statute concerns norms aimed at preventing crimes which threaten the peace, security and well-being of the world. The acts and omissions which include under its authority are so heinous, so destructive, that every effort towards their prevention is important. Accountability is essential not only for the sake of the past, but also for the future as well.
INTRODUCTION The Universal Declaration of Human Rights (UDHR) states that “All human beings are born free and equal in dignity and rights”. The right to equality and non-discrimination form the core principles of human rights, enshrined in the United Nations Charter, the UDHR and human rights treaties. The equality and non-discrimination guarantee provided by international human rights law shall apply to all people, regardless of sex, sexual orientation and gender identity (“Universal Declaration of Human Rights | United Nations”, 1948). Though LGBT rights have come a long way in recent years, many states continue to criminalize same-sex sexual contact. A research published by the International Lesbian, Gay, Bisexual, Trans and Intersex Association
Transitional justice as defined by the United Nations is a set of mechanisms and processes that are linked to a societies attempt to embrace past violations in order to facilitate accountability, serve justice and foster reconciliation. Transitional justice include judicial and non judicial processes that focus on the right to truth, institutional reform, consultations and reparations. Because violations of human rights do not only affect the victims but society at large, efforts should be made to ensure that such violations do not recur. Transitional justice as facilitated by truth commissions ensure that institutions that were involved or incapable of preventing past human rights violations are reformed. If past human rights violations are not addressed, they are likely to lead to mistrust among different groups, in state institutions and may also hinder the attainment of security and peace.
Law is one of the most essential elements of society and community that help people as well as authorities to maintain a balance in their life. However, there is a vast difference between law and international law especially in regards of its implementation and practices. In accordance with the international law, states linked with each other have legal responsibility to avoid any type of dispute or conflict among each other and in case of any dispute; states are legally bound to legally resolve their issues by means of diplomatic or judicial means to avoid any legal or political issue among the state. The research paper aims to evaluate the United States or countries Charter of settling Inter-state dispute in regards of diplomatic dispute
Despite the fact this organization is far from being perfectly effective , it still plays an important role in mitigating anarchy and in the promotion of collective security system. Collective Security can be provided in several different forms. It might come in the form of legal obligations that bind states to assist each other in security issues. League of Nations Covenant might be given as an example of this type of
Besides, the International Committee of the Red Cross is regarded as the “guardian” of the conventions and various other treaties that constitute international humanitarian law. It cannot act as either policeman or judge as the act only belongs to governments, the parties involved in the international treaties, who are required to prevent and end the violation of the International Humanitarian Law. It further provides that civilians under the enemy forces must be given treatment that is humanely in whatever situations they faced in order to serve justice and equality. These civilians must be protected at all times against all forms of violence and cruel treatment, such as killing or torturing. Moreover, in cases of prosecution, these people
These protests are not totally unrelated and can be found in the works of Realists, Liberals, Feminists, Postcolonial scholars and others, however, these diverse hypotheses bear the cost of various weight to each of the opposition. No reason for humanitarian intervention in global law Restrictionist international attorneys demands that the benefit of all is best saved by keeping up a prohibition on any utilization of power not approved by the UNSC. They contend that besides the privilege of individual and aggregate self-protection revered in Article 51 of the UN Charter, there are no different special cases to Article 2(4). They likewise it points to the way that amid the cold war when states acting separately could have conceivably humanitarian appealed claims(the key circumstances are India's mediation in East Pakistan in 1971, Vietnam's interventions in Cambodia in December 1978, and Tanzania's intervention in Uganda in January 1979), they had picked not to do as such. The people who normally have either guaranteed to act in self-protection (amid the cold war particularly), have indicated the „implied authorization‟ of UNSC resolutions, or have ceased from making legal contentions by any
Human rights are universal legal safeguards and actions against individuals and omissions that interfere with fundamental freedoms, entitlements and human dignity. They provide rules for the minimum legal protection and freedoms and govern the relationship between an individual and the State. Nevertheless, before the creation of the United Nations, individuals and their rights were not a major concern of international law. The protection of Human Rights has become of great importance in the aftermath of the catastrophe of the world wars and the Holocaust. The creation of the United Nations in 1945 under the United Nations Charter has led to more consideration for human rights but this organization has not been created for the purpose of protecting human rights.
In 194, the Universal Declaration of Human Rights was signed by the member states of the United Nations. The document lays down certain claims regarding the rights of all people around the world, and formalises them within a framework of international law, albeit in suggestive, rather than legally binding manner. Human rights are universal, that is they belong to each of us regardless of ethnicity, race, gender, sexuality, age, religion, political conviction, or type of government. They are incontrovertible, that is they are absolute and innate. Human rights are also subjective; they are the properties of individual subjects who possess them because of their capacity for rationality agency and autonomy.