Universal Jurisdiction
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Universal jurisdiction is a legal principle that allows states to prosecute individuals for serious crimes regardless of where the crime was committed or the nationality of the perpetrator or victim. It is based on the idea that certain crimes are so serious that they affect the international community as a whole. States can exercise universal jurisdiction over crimes like genocide, war crimes, and torture. While the International Criminal Court also prosecutes these crimes, it is limited to crimes committed after 2002 by or on the territories of member states. Universal jurisdiction applies the criminal laws of individual states to bring perpetrators to justice.
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International Law is a rule that has been accepted as such by the "International Community".
The legal process that concerns relations among nations is called international law.
International law is a body of rules that govern relations between states, functioning of international institutions/organizations and rights and duties of individuals.
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The term ‘source’ refers to methods or procedure by which International Law is created.
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Inr 4075 human rights protection lecture 1 professor masl
This document provides an overview of a college lecture on human rights protection. It discusses the basic tenets of human rights, the development of international protections from the League of Nations to the United Nations, key institutions and agreements, and challenges relating to cultural relativism. The lecture covers the origins and evolution of the concept of inherent rights to all humans, the formation of international laws and organizations to uphold these rights, and debates around universal standards versus cultural differences.
PUBLIC INTERNATIONAL LAW I
This document provides an overview of public international law, including definitions, the distinction between international law and national legal systems, theories of international law, and methods of enforcement.
The key points covered are:
1) International law governs relations between states and other international actors, and is decentralized with no central authority, in contrast to national legal systems.
2) There are various theories regarding whether international law can truly be considered law due to its lack of centralized institutions and enforcement mechanisms.
3) Methods of enforcing international law include self-help measures such as retorsion and reprisals between states.
International Criminal Court
The International Criminal Court was created in 1998 through the Rome Statute to prosecute international crimes like war crimes and genocide. Some states have decided to leave or retract support for the ICC, arguing it disproportionately focuses on crimes in Africa. Supporters counter that the ICC acts as intended by prosecuting cases referred by states or where national courts are unwilling or unable. Overall, the ICC aims to end impunity for mass atrocities but faces challenges in balancing global justice with sovereignty concerns.
2.2 international roles
The document discusses various international responses to promoting and enforcing human rights, including United Nations bodies like the General Assembly, Security Council, and Economic and Social Council. It also mentions international courts like the International Court of Justice and tribunals set up to address specific human rights issues. Non-governmental organizations, the media, and social media are described as playing roles in advocating for human rights and deterring violations. However, their effectiveness depends on factors like the openness of individual states and the priorities of different organizations.
Mod 3 International
The document provides an overview of the international human rights system, including:
1) It discusses the key events that prompted the development of international human rights law after World War II and the establishment of the UN.
2) It describes the key human rights documents that make up the International Bill of Rights - the Universal Declaration of Human Rights, International Covenant on Civil and Political Rights, and International Covenant on Economic, Social and Cultural Rights.
3) It provides an overview of the main UN bodies that monitor compliance with human rights treaties, including the Human Rights Council, Office of the High Commissioner for Human Rights, and Special Rapporteurs.
International Law PPT define the source.ppt
International law is defined as both the traditional rules governing relations between states, as well as the increasing view that individuals and corporations can be subjects of international law. It derives from explicit agreements between states, customary law reflecting widespread and consistent state practices, and general principles of morality. Key areas of international law addressed include war, human rights, diplomacy, and the environment. While international law aims to impose obligations on states, enforcement is limited. Disputes can be settled in the International Court of Justice or national courts, but the most effective enforcement often comes from public shaming by NGOs and international media. Powerful states like the United States also sometimes exempt themselves from international agreements.
Promoting and Enforcing Human Rights
The document discusses human rights and nation states. It defines a nation state as having a defined territory, permanent population, effective government, and ability to enter international relations. There are currently 193 UN member states. Some areas like Taiwan, Puerto Rico, and Palestine seek recognition as independent states but have disputed or limited international status. The UN and organizations like the ICC and ICJ seek to promote and enforce human rights, but nation states retain sovereignty and not all comply with international law and treaties. Media, NGOs, and other groups apply pressure but have no direct enforcement powers.
International Business Law Ch. 2
International law is defined as rules governing relationships between nations and individuals that have been accepted by the international community. It is largely consensual and developed from agreements, consensus, and accepted practices over time. Public international law deals with rules between nations and individuals, while private international law deals with rights and responsibilities of individuals and companies operating internationally. Primary sources of international law include treaties, customs, and general principles recognized by nations. Secondary sources include decisions and teachings of legal experts. Custom and usage also contribute to international law.
Sonia omar international system slides bristol
The document provides an overview of how non-governmental organizations can engage with the international human rights system to advance their goals. It discusses key human rights concepts and the creation of the international framework. It also outlines mechanisms for influencing UN human rights committees, including submitting shadow reports and advocating during committee sessions. Organizations are encouraged to use concluding observations in their campaigning and lobbying work to hold states accountable.
Basic human Rights
Human rights are evolving and their interpretation continues to develop over time. While some rights are fundamental, others remain aspirational or contested. Human rights fall into three generations - civil/political, economic/social/cultural, and group rights. They have evolved through laws and conventions, and were established to ensure peace and protect individuals from states. The Universal Declaration of Human Rights outlines basic rights and freedoms and was followed by two binding covenants. However, implementation and monitoring of human rights is still a challenge, with countries and NGOs having different views of country reports. The UN and its bodies work to improve human rights protection.
International criminal court against child kidnapping
International criminal court against child kidnappingInternational Criminal Court Against Child Kidnapping
The principle of universal jurisdiction allows the national authorities of any state to investigate and prosecute people for serious international crimes even if they were committed in another country. For example, this means that the German government could, if it chose to do so, prosecute U.S. officials for crimes committed in Iraq and Afghanistan. - http://www.childabductioncourt.eu
10.1007_s12142-015-0360-8 BK Rev Hum Rgts Rev
This summary provides the key points about the book "Global Justice and Due Process" by Larry May:
1) The book discusses the need for a stronger international legal system to fully enforce due process rights, as established in the 1215 Magna Carta, and align these rights with modern international human rights.
2) May uses examples like detainees at Guantanamo Bay and Bagram to argue some people fall outside existing legal protections.
3) The book examines how rights in the Magna Carta, like habeas corpus and non-refoulement, relate to international laws like the UDHR and could be applied globally to prevent people from becoming "outlaws."
Global Issues - International Security
The document discusses the tension between state sovereignty and international governance in matters of international security. It provides an overview of different approaches to humanitarian intervention, democracy and good governance promotion, and international criminal tribunals that have challenged the traditional concept of absolute state sovereignty. While globalization has increased calls for intervention, implementation remains inconsistent and challenges include lack of political will, selective application depending on strategic interests, and tension between universal values and local contexts.
Institutional Profile of the Colombian Commission of Jurists
The Colombian Commission of Jurists (CCJ) is a Colombian NGO established in 1988 with the dual mission of improving human rights in Colombia and developing international human rights law worldwide. The CCJ aims to promote the rule of law and achieve peace in Colombia through activities like research, litigation, and advocacy focused on vulnerable groups. It produces reports, represents victims in national and international courts, and lobbies the Colombian government. Composed of around 50 staff with consultative status at the UN, the CCJ has become a prominent voice on human rights in Colombia and a reference for international organizations.
Human rights and international humanitarian law
This document summarizes a scholarly paper on human rights and international humanitarian law as it relates to armed conflicts since 1945. It discusses how the atrocities of World War II led to efforts to establish universal human rights and hold violators accountable. The United Nations played a key role through the Universal Declaration of Human Rights, which outlined civil, political, economic, social, and cultural rights. However, the declaration is non-binding, which some see as an advantage allowing flexibility, while others view as a shortcoming due to its lack of legal force. Overall, the document examines the development of international law on human rights and its application during armed conflict.
HUMAN RIGHTS AND INTERNATIONAL HUMANITARIAN LAW AS IT AFFECTS ARMED CONFLICTS...
The paper argues that the Universal Declaration of Human Rights may not perfectly represent the views of all the people of the world owing to differences in culture, sex, religion, to mention but a few. Thus it is not a binding rule to all the countries of the world. Nevertheless, it has become a point of reference whenever there is violation of human rights in any part of the world despite the culture and tradition of the people concerned. The paper concludes that despite its non-binding status, the admittance of its existence by states and enshrining human rights issues in their constitutions, the universal declaration of human rights does not only exist but in practice, makes humanitarian human rights law superior to national law and even as it affects armed conflict.
Assignment.pptx
This document is a project report submitted by Rohit Bishnoi in partial fulfillment of an LLM degree in criminal law from Manipal University Jaipur. The report discusses international criminal law, including its sources in public international law and treaties. It describes crimes under international criminal law like genocide, crimes against humanity, and war crimes. It also discusses the application of international criminal law in national jurisdictions and by international courts like the International Criminal Court.
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Universal Jurisdiction
- 1. Universal Jurisdiction - Intoleration of Crimes that Serve as Common Interest for All
- 2. - Defined as “a legal principle allowing or requiring a state to bring criminal proceedings in respect of certain crimes irrespective of the location of the crime and the nationality of the perpetrator or the victim”1) - Two Underlying Premises: the gravity of the crime and locus delicti (place of the act). * Why do states exercise universal jurisdiction? What is Universal Jurisdiction..?
- 3. International Criminal Court vs Universal Jurisdiction - International Criminal Court (ICC) : judicial body of political entity that “investigates and, where warranted, tries individuals charged with the gravest crimes of concern to the international community; jus cogens norms” (PREVIOUS PRESENTATION) - Established by Rome Statute (132 members) - Prosecute Individuals Universal Jurisdiction: not a court, nor a judicial body but a legal principle Differences: 1. The extent of jurisdiction 2. Periodic constraint (July 1, 2002) 3. Uniform standard vs state criminal codes
- 4. Accountability for U.S. Torture Center for Constitutional Rights filed several cases against former U.S. officials (including George W. Bush and Donald Rumsfeld) for their role in the torture of detainee in Abu Ghraib, Afghanistan Spanish Investigation - Judge Baltasar Garzon issued preliminary investigation into “authorized and systematic plan of torture and ill- treatment of persons” in U.S. detention facilities - Hamed Abderrahman Ahmed / Ikassrien Lahcen / Jamiel Abdul Latif Al Banna / Omar Deghayes Charges on George W. Bush and Dick Cheney - how restrictions were imposed even after the end of their political term
- 5. Criminalizing the Illegal Use of Force: Activating the Jurisdiction over Crime of Aggression - Crime of Aggression (define “aggression..?”) - Criminal Nature of Aggression: individuals - Requirement of Specific Formula to Try Individuals - The London Formula (1945)
- 6. Criminalizing the Illegal Use of Force (Cont.) Activating the Jurisdiction over Crime of Aggression Foundation of International Criminal Court (ICC) that entered into force in 1998, has been working towards fighting against the worst kind of crimes in the history of humanity. Crimes of aggression, along with three other major crimes stated by ICC (genocide, war crimes, and crimes against humanity), has become an issue in the international society, and steps have been steadily taken to take the measure into activation. The decisions made in Kampala, Uganda, have been gaining increasing support from a number of states (32 ratifications including the most recent ones from Netherlands and Chile), and now the international society is steps away from bringing justice to the perpetrators of one of the most violent crimes - “Though the consensus and the agreement were not easy to come by, ratification of Kampala Amendment of 2010 not only defined the crimes (crime of aggression) but also conditioned the terms for exercising the jurisdiction” (NETHERLANDS) - “If we feel that statute is not working, then we should work towards amending the statute and eventually make it work. Botswana initially and occasionally felt lonely and labeled for “singing European song” by assisting the work of ICC. But now we are proud of contributing to abolishing humanity’s worst crimes as one of the few African supporters” (BOTSWANA).
- 7. FIBGAR: External Support on Jurisdiction - Dissemination of the Madrid-Buenos Aires Principles on Universal Jurisdiction - Three Objectives 1) to reaffirm doctrinal efforts 2) to promote the codification 3) to report new sources of impunity
- 8. Food for Thought Universal jurisdiction does not necessarily guarantee immediate prosecution of perpetrators. That being said, do you still believe it is an effective measure? Why or Why not? U.S. does not exercise universal jurisdiction nor is it a member of the Rome Statute. Despite the political gain, the decision also has consequences. Any ideas what they might be? (hint. Why George W. Bush stays away from Europe)
Editor's Notes
- certain crimes (genocide, war crime, crimes against humanity, crimes of aggression) Why exercise universal jurisdiction? - those certain crimes have the potential to impact the diplomacy of neighboring countries. They are categorized as a threat.
- Can Universal Jurisdiction try a government? Entity other than individuals? Differences Court has limited jurisdiction- prosecution can only reach out to the member of Rome Statute, and therefore US and China can not be the case. Universal Jurisdiction has no restrictions on such matter. The Court can not prosecute crimes that occurred prior to July 1, 2002. ICC and universal jurisdiction overlap only when circumstances match (may)
- Bush may get arrested in Geneva (due to his charges regarding Iraq) re -address questions during Ho-Sung’s: why U.S. avoided being part of Roman Statute