International Humanitarian Law by Udai Yashvir Singh

100%

International Humanitarian Law by Udai Yashvir Singh

INTRODUCTION

One. HRs are generally rights which are present just because we are humans.

a. We intuitively understand some things to be HRs and some of them may be political ideas as well.

Two. HRs and their conceptions are relatively new, and the IHRL has been developed mostly after WWII. However, there have been tracing of such rights which a person gets predominantly just because he is a human being.

a. So the term HRs is new, but ideas similar to these have been around for long.

i. Like Magna Carta, American Declaration of Independence, etc.

ii. But finally we have the idea of HR post WWII by the UN Charter and the UNDHR

b. HR is not something which are granted, nothing is giving us HR. In HR we are saying that these present simply by the fact that you are a human.

Three. The idea of IL initially was that the state is the subject of IL, and individuals were the objects of IL. So we intuitively understand that HRs offer protection from the state. Normally, the domain of protection of citizens is part of domestic law.

a. So the right of the state is sovereignty and the duty is non-interference. But HR does this interference to this principle of state sovereignty.

b. HR also signify the transformation of state of individuals as subjects of international law after the WWII

The Philosophic Foundations of Human Rights - Shestack

One. Why should one be concerned about the philosophic foundations of International Human Rights Law a. Others say that philosophy deepens our understanding of the truth.

b. First, one's own attitudes towards IHRL are likely to be obscure till the time they understand the underlying philosophies behind them.

c. Second, if one understands IHRL, they are more amenable to the authority of IHRL.

i. This is useful since IHRL doesn't have a formal enforcement mechanism.

d. Third, philosophical understandings allow men and women to look beyond creed and dogma, which is necessary for universal recognition of IL principles.

i. Ma'am, the understanding philosophies allows for universal recognition of HRs.

NATURE OF HR

Two. MEANING of HRs

Three. Ma'am, why is it important to define Human Rights?

One. What makes certain rights universal, moral, and important,

Nine. Other issues which may arise are whether HRs are aspirational goals or whether they can be realistically achieved?

SOURCES OF HUMAN RIGHTS

Natural Law

Four. What are the challenges of the NRT?

Positivism

Marxism

Sociological School

Utilitarianism

Modern Human Rights Theories

Rawls' idea of justice - Rights based on justice.

RIGHTS BASED ON REACTION TO INJUSTICE

RIGHTS BASED ON DIGNITY

RIGHTS BASED ON EQUALITY OF RESPECT AND CONCERN

CULTURAL RELATIVISM

TWO CONCEPTS OF HUMAN RIGHTS - LATTIMER

How have these conceptions evolved

CULTURAL RELATIVISM

Human Rights and Asian Values - Sen

The Origins of Totalitarianism - Hannah Arendt

Twelve. So now she goes into the portion of rights of man.

MODULE TWO

Three. NEEDS TO BE READ- FactSheetTwoRev.one.en.pdf

2. ARTICLE 1- the Purpose of United Nations

UNIVERSAL DECLARATION OF HUMAN RIGHTS

Three. ARTICLE two of the UDHR is the cornerstone on which the HR regime is based i.e. the idea of non-discrimination

Four. However, the foundation of UDHR is ARTICLE one i.e. all human beings are born free and equal in dignity and rights

Six. ARTICLE twenty-nine has a duty which says that

Seven. ARTICLE three-right to life and liberty

Nine. ARTICLE five-No one shall be subjected to torture

Eleven. ARTICLE nine-no person shall be subjected to arbitrary arrest

Thirteen. ARTICLE thirteen-Everyone has the right to freedom of movement and residence within the borders of each State

Fifteen. ARTICLE fifteen-Everyone has the right to a nationality

Seventeen. ARTICLE eighteen-Everyone has the right to freedom of thought, conscience and religion

Six. Declarations also have a large amount of Normative Value.

GENERATIONS OF HUMAN RIGHTS

INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS

Four. Part One- ARTICLE One - Self Determination

Five. Part Two- ARTICLE Two to Five - deals with the state obligation with respect to civil and political rights

Four. ARTICLE Six to Twenty-seven- Substantive Provisions

Five. ARTICLE Seven - No Torture or to cruel inhuman or degrading treatment or punishment.

Seven. ARTICLE Nine - No subjection to arbitrary arrest or detention

Eleven. ARTICLE Eighteen - right to freedom of thought, conscience and religion

Ten. WHAT DOES THE COMMITTEE DO? -

INTERNATIONAL COVENANT ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS

GENERAL COMMENT Twenty-six on ICCPR for WITHDRAWAL

CUSTOMARY INTERNATIONAL LAW

GENERAL PRINCIPLES RECOGNIZED BY CIVILIZED NATIONS

RESERVATIONS IN HUMAN RIGHTS TREATIES

RESERVATIONS CASE

VCLT

RESERVATIONS IN HR TREATIES

Dissenting Opinion of Judge Alverez

Two. Guide to Practice on Reservation on Treaties-

4. Consequences of an Invalid reservation as per the Guide to Practice

OTHER CORE HUMAN RIGHTS TREATIES (APART FROM INTERNATIONAL BILL OF RIGHTS)

CONVENTION AGAINST RACIAL DISCRIMINATION

CONVENTION AGAINST TORTURE

Seven. There is also compulsory state reporting to the treaty body established under i.e. Committee against Torture CONVENTION FOR THE PROTECTION OF ALL PERSONS FROM ENFORCED DISAPPEARANCES

CONVENTION ON RIGHTS OF CHILD

Four. There are also obligations like the child needs to be registered immediately after birth.

CONVENTION ON THE ELIMINATION OF ALL FORMS OF DISCRIMINATION AGAINST WOMEN

MODULE THREE - REGIONAL TREATIES

EUROPEAN REGIONAL REGIME

INTER-AMERICAN HUMAN RIGHTS REGIME

Three. ROLE OF COMMISSION UNDER THE CONVENTION - ARTICLE forty-one

AFRICAN HUMAN RIGHTS REGIME

Two. ARTICLE twenty-three

ASIAN HUMAN RIGHTS REGIME

ASEAN

Five. NORMATIVE FRAMEWORK

Four. FUNCTIONS OF NATIONAL HUMAN RIGHTS COMMISSION

INTERNATIONAL HUMANITARIAN LAW

Four. Does IHL also deal with the legality of the use of war?

One. There are two ideas in IHL

Two. IHL is also part of public international law, so the sources of IHL is under Article thirty-eight of ICJ

FIRST GENEVA CONVENTION

SOURCES of IHL

CORE PRINCIPLES OF IHL

FIRST GENEVA CONVENTION

SECOND GENEVA CONVENTION

THIRD GENEVA CONVENTION

FOURTH GENEVA CONVENTION

Conflicts not of an international character

APPLICATION OF IHL

NIAC

CRITERIA FOR EXISTENCE OF NIAC

INTENSITY

GEOGRAPHICAL SCOPE OF NIAC

AP Two

FOREIGN INTERVENTION

Three. ARTICLE Four of Responsibility of States for Internationally Wrongful Acts

CONVENTION AND PROTOCOL

WHO IS A REFUGEE

ARTICLE two - events occurring before January nineteen fifty-one means that

WELL-FOUNDED FEAR

PERSECUTION

GROUNDS

OUTSIDE THE COUNTRY OF NATIONALITY

STATELESS PERSONS

RIGHT AND OBLIGATIONS OF A REFUGEE

Seven. Other points

Eight. Other Points

CLIMATE CHANGE AND MOBILITY

Three. Thus an individual who does not fall under the refugee convention will not let go of their Human Rights Protection.

Three. ARTICLE ONE C-

EXCLUSION CLAUSES

GLOBAL COMPACT ON REFUGEES

One. The SECOND compact is on the idea of refugees.

f. Impact dependent on how states domestically incorporate the elements of the GCR. CRITIQUE

Four. Just because it is not binding does not mean it can make serious changes to the refugee regime.

Overview

The document analyzes the evolution of International Humanitarian Law and Human Rights, emphasizing the fundamental principles and underlying philosophies that establish their significance and implementation in a modern context.

Key Points

1Human rights are inherent to every individual by virtue of being human
2The concept of Human Rights has evolved significantly since WWII
3Philosophy plays a critical role in understanding and accepting International Human Rights Law
4Defining Human Rights is essential for effective implementation and protection
5Different sources, including religion and natural law, influence the interpretation of Human Rights.

Details

Authors: Udai Yashvir Singh
Category: Humanities

PDF
Making Sense of the Past: Historical Interpretation
This document explores the concept of historical interpretation, discussing how history is shaped by evidence and the judgments of historians. It provides examples of historical misattributions and emphasizes the importance of evaluating history critically.
PDF
The Prologue to the Canterbury Tales
The Prologue to the Canterbury Tales is a grand introduction to Chaucer's collection of tales told by various pilgrims traveling to Canterbury. Written in Middle English, it expertly portrays the diverse social classes of 14th-century England through vivid character sketches, highlighting human nature and societal norms.
PDF
Hi all, Thank you for the work you brought to our second ses
Hi all, Thank you for the work you brought to our second session — there was real substance on the table: a structured budget with two scenarios and three benchmarks, a complete
PDF
Sir Philip Sidney's Astrophil and Stella
This document analyzes "Astrophil and Stella," a sonnet sequence by Sir Philip Sidney, focusing on the complexities of love and the challenges of poetic expression as the speaker grapples with conveying genuine emotions.
PDF
Paradise Lost: Book I - The Complete and Exhaustive Story Retelling The Poet Announces His Grand Theme and Purpose
This document explores the themes and opening lines of John Milton's "Paradise Lost: Book I," where the poet announces his grand theme regarding the fall of humanity and the nature of divine providence. It delves into Milton's invocation of the Holy Spirit for inspiration, as he sets the stage for his ambitious exploration of human disobedience and its consequences.