There are cases in which laws are servants only to themselves, effectively rendering legitimacy as non-existent. Legitimacy is needed in order to oversee laws, and to ensure that they are servants of their inherent purpose, which is to benefit the citizens which they govern. The current international law sometimes fails to correspond to impending global needs, especially in the case of humanitarian concerns. So, legality is a concept concept which corrects the shortcomings of international law. Such was the case in Kosova, when international law prevented an intervention from the international community, clearly manifesting the large gap between legitimacy and legality and effectively putting hundreds of thousand civilian lives in danger.
Without any judicial order, the administration now seeks to stop me exercising a basic right. A right that belongs to everybody. The right to seek asylum.” Article 14 of the Universal Declaration of Human Rights gives all people “the right to seek and to enjoy in other countries asylum from persecution.” However, the right “may not be invoked in the case of prosecutions genuinely arising from non-political crimes.” UN Resolution 2312 is similarly limited “to persons entitled to invoke article 14.”Having a well-founded fear of persecution any state should consider an asylum application by Ed Snowden. International law says “that somebody who fears persecution should not be
This also includes laws which prohibit the perpetration of violence and unwarranted abuse around the globe. Unfortunately, for those who are LGBT in Russia, they face continuous discrimination and laws that prohibit them from being allowed to do things they would otherwise have to the right to do. Discrimination against a human being because of their sexual preference is inhumane and shouldn’t be the reason for constant torture and prejudice. Russia continues to maintain laws that draw negative attention towards those of the LGBT community such as the right to peacefully assemble. These specific individuals living in Russia
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
The basis of modern democracy promotion is the concept of Democratic Peace, which states that two democracies will never go to war with each other due to existing freedoms and civil rights. Therefore, many efforts, especially by the United States, to resolve conflicts in instable regions like the Middle East take the form of trying to establish democratic institutions. However, this promotion is not functioning as it is envisaged to do, and is leading to an overall loss of freedom. This essay argues that while the Middle East could be compatible with a variant of democracy, the promotion through other states is not leading and cannot lead to less war. This will be done by first explaining the concept of Democratic Peace further and examining
Introduction Humanitarian intervention is a hard topic to discuss considering the fact that the global community is constructed on the ideas or principles of sovereignty, non-intervention, and the non-use of force. After a mass loss of human lives in the Second and First World War, the society of states has launched laws that prohibit genocides, dismissal of the ill-treatment of the civilian people and establishing basic human rights. There is a conflict between the ideology of sovereignty and non-intervention. State sovereignty is something very important because, as the meaning of the term “sovereignty”, states are supported to be the guardian angels of their citizens’ security. Although this does not happen as expected, instead of some states
Geneva Convention generally refers to four treaties and three protocols which are internationally accepted laws of war . Humanitarian treatment in the war is the agenda of both Hague and Geneva Conventions. Two treaties of 1929 were negotiated and updated the status of two old treaties and two new treaties added which four are denoted as Geneva conventions . Convention extensively explains the very basic rights of military personnel, civilians denoted as wartime prisoners. Rights of non-combatants, their protection and status is another purpose of convention, along with rights and protection in wartime, convention also covers protection of sick and wounded in war.
The first principle is focused on the protection of civilian; states must not use civilians as the object of attack and must not use weapons that are incapable of distinguishing between civilian and military targets. In application of that second principle, States have limited freedom of choice of means in the weapons they use in order to avoid causing unnecessary suffering. The court states that the rule and principle of humanitarian were invented before nuclear weapons were created. However, the court does not deny that the establish the rule and law of humanitarian in armed conflict does not apply to nuclear weapon, but it seems significant that it does not apply to new weaponry and upload in the present proceeding. The principle of neutrality It is similar to the fundamental character of humanitarian principle that any type of weapons might be used to all international armed conflict.
India is neither signatory to the 1951 UN Convention on Refugees nor the 1967 Protocol. It has led the Indian government to adopt ad hoc approach due to lack of specific refugee legislation in India. This arbitrary executive mechanism makes it more arbitrary leading to benefits of legal residence and employment to only certain religious minority groups. Due to absence of codified law with respect to refugee rights, the status of refugees rests only with the political and administration of the state in power. The existing laws which would come close to refugee rights are mainly the Foreigners Act 1946 and the Citizenship Act 1955.
What is subject of international law? Mention and explain all subjects of international law with elaborated example! The subject of international law are the persons or entities that possess the international legal personalities which means possess the rights and obligations internationally based on the legal law. There are five subjects of international law which are state, international organizations, holy throne, individual, and belligerency. a.