International Legal OrderInternational Legal Order

Prof. Speedy RiceProf. Speedy RiceVisiting Fulbright Scholar in Human RightsVisiting Fulbright Scholar in Human Rights

University of Montenegro, Law Faculty University of Montenegro, Law Faculty Serbia and MontenegroSerbia and Montenegro

International Legal Order in the International Legal Order in the Context of Human Rights and Context of Human Rights and

Criminal LawCriminal Law Domestic RemediesDomestic Remedies Methods of International EnforcementMethods of International Enforcement

Pre-NurembergPre-Nuremberg NurembergNuremberg Modern TribunalsModern Tribunals International Criminal CourtInternational Criminal Court

Sources of International LawSources of International Law

Domestic RemediesDomestic Remedies Who is in power?Who is in power? Who has the power?Who has the power? Who has jurisdiction?Who has jurisdiction? Who has the right?Who has the right? Whose law applies?Whose law applies?

Why Domestic Remedies Will Why Domestic Remedies Will Not Work for Certain CrimesNot Work for Certain Crimes

GenocideGenocide TerrorismTerrorism Crimes of AggressionCrimes of Aggression War CrimesWar Crimes Trafficking in People, etc…Trafficking in People, etc… -- All stem from political power, not -- All stem from political power, not

individual action--individual action--

The ArmeniansThe Armenians In 1915 the Turkish government In 1915 the Turkish government

presided over the killing by firing presided over the killing by firing squad, bayoneting, bludgeoning, and squad, bayoneting, bludgeoning, and starvation of nearly 1 million starvation of nearly 1 million Armenians.Armenians.

Efforts to bring the Turkish leaders to Efforts to bring the Turkish leaders to justice after World War I fizzled and set justice after World War I fizzled and set the stage for later atrocities in Europe.the stage for later atrocities in Europe.

““It was knowingly and lightheartedly It was knowingly and lightheartedly that Genghis Khan sent thousands of that Genghis Khan sent thousands of women and children to their deaths. women and children to their deaths. History sees in him only the founder History sees in him only the founder of a state…. The aim of war is not to of a state…. The aim of war is not to reach definite lines but to annihilate reach definite lines but to annihilate the enemy physically. It is by this the enemy physically. It is by this means that we shall obtain the living means that we shall obtain the living space we need. space we need. Who today still Who today still speaks of the massacre of the speaks of the massacre of the Armenians?”Armenians?”

Hitler, August 1939Hitler, August 1939 One week later the Germans invaded One week later the Germans invaded

Poland and began the extermination Poland and began the extermination of the Polish Jews, Roma and of the Polish Jews, Roma and undesirables.undesirables.

By the end of World War II, some 6 By the end of World War II, some 6 million Jews and 5 million Poles, million Jews and 5 million Poles, Roma, Communists and other Roma, Communists and other undesirables had been slaughtered.undesirables had been slaughtered.

Nurnberg (Nuremberg)Nurnberg (Nuremberg) Nazi leaders tried for four crimes:Nazi leaders tried for four crimes:

Conspiracy to Commit Wars of Aggression Conspiracy to Commit Wars of Aggression Against Independent Sovereigns Against Independent Sovereigns

Crime Against Peace – AGGRESSIVE WARCrime Against Peace – AGGRESSIVE WAR War Crimes - MURDER AND ILL-TREATMENT OF War Crimes - MURDER AND ILL-TREATMENT OF

CIVILIAN POPULATIONS OF OR IN OCCUPIED CIVILIAN POPULATIONS OF OR IN OCCUPIED TERRITORY AND ON THE HIGH SEAS; and TERRITORY AND ON THE HIGH SEAS; and DEPORTATION FOR SLAVE LABOR AND FOR DEPORTATION FOR SLAVE LABOR AND FOR OTHER PURPOSES OF THE CIVILIAN POPULATIONS OTHER PURPOSES OF THE CIVILIAN POPULATIONS OF AND IN OCCUPIED TERRITORIESOF AND IN OCCUPIED TERRITORIES

COUNT FOURCOUNT FOUR MURDER, EXTERMINATION, ENSLAVEMENT, MURDER, EXTERMINATION, ENSLAVEMENT,

DEPORTATION, AND OTHER INHUMANE DEPORTATION, AND OTHER INHUMANE ACTS COMMITTED AGAINST CIVILIAN ACTS COMMITTED AGAINST CIVILIAN POPULATIONS BEFORE AND DURING THE POPULATIONS BEFORE AND DURING THE WARWAR

PERSECUTION ON POLITICAL, RACIAL, AND PERSECUTION ON POLITICAL, RACIAL, AND RELIGIOUS GROUNDS IN EXECUTION OF RELIGIOUS GROUNDS IN EXECUTION OF AND IN CONNECTION WITH THE COMMON AND IN CONNECTION WITH THE COMMON PLAN MENTIONED IN COUNT ONEPLAN MENTIONED IN COUNT ONE

Included only acts from the date of the Included only acts from the date of the invasion of Poland in 1939.invasion of Poland in 1939.

The Genocide ConventionThe Genocide ConventionFirst UN Convention, adopted December 9, 1948; First UN Convention, adopted December 9, 1948;

entry into forceentry into force 12 January 1951 12 January 1951 ““any of the following acts committed with the any of the following acts committed with the

intent to destroy, in whole or in part, a national, intent to destroy, in whole or in part, a national, ethnical, racial, or religious group, such as:ethnical, racial, or religious group, such as: Killing members of the group;Killing members of the group; Causing serious bodily or mental harm to members Causing serious bodily or mental harm to members

of the group;of the group; Conditions of life calculated to bring about the Conditions of life calculated to bring about the

physical destruction of the group;physical destruction of the group; Measures intended to prevent births within the Measures intended to prevent births within the

group;group; Forcibly transferring Children away from the group. Forcibly transferring Children away from the group.

Major Genocides Since 1948Major Genocides Since 1948 Cambodia:Cambodia: Over 2 million in 3.5 yearsOver 2 million in 3.5 years Iraq:Iraq: Over 200,000 Kurds by gas Over 200,000 Kurds by gas

and chemical attacks in 1989-90and chemical attacks in 1989-90 Bosnia and Kosovo – Over 100,000 Bosnia and Kosovo – Over 100,000

Muslims massacredMuslims massacred Rwanda – Almost 1 million, mostly Rwanda – Almost 1 million, mostly

hacked to deathhacked to death Many othersMany others

Major International Treaties Major International Treaties Specific to International Specific to International

Criminal LawCriminal Law Genocide Convention 1948 (US ratification 1988)Genocide Convention 1948 (US ratification 1988) Dec. 10, 1948 Dec. 10, 1948 Universal Declaration of Human RightsUniversal Declaration of Human Rights, ,

detailing human rights and fundamental freedoms detailing human rights and fundamental freedoms (Statement of principles, not a treaty)(Statement of principles, not a treaty)

Convention on the Non-Applicability of Statutory Limitations Convention on the Non-Applicability of Statutory Limitations to War Crimes and Crimes Against Humanity; 26 November to War Crimes and Crimes Against Humanity; 26 November 1968, 1968, entry into force entry into force 11 November 1970 (no US)11 November 1970 (no US)

Principles of international co-operation in the detection, Principles of international co-operation in the detection, arrest, extradition and punishment of persons guilty of war arrest, extradition and punishment of persons guilty of war crimes and crimes against humanity; Adopted by General crimes and crimes against humanity; Adopted by General Assembly resolution 3 December 1973Assembly resolution 3 December 1973

Rome Statute of the International Criminal Court Rome Statute of the International Criminal Court

International Bill of Human International Bill of Human RightsRights

Universal Declaration of Human Rights Universal Declaration of Human Rights International Covenant on Economic, Social and International Covenant on Economic, Social and

Cultural Rights (1966/1976; US signed 1977)Cultural Rights (1966/1976; US signed 1977) International Covenant on Civil and Political International Covenant on Civil and Political

Rights (1966/1976; US 1992)Rights (1966/1976; US 1992) Optional Protocol to the International Covenant Optional Protocol to the International Covenant

on Civil and Political Rights (1966/1976; no)on Civil and Political Rights (1966/1976; no) Second Optional Protocol to the International Second Optional Protocol to the International

Covenant on Civil and Political Rights, aiming at Covenant on Civil and Political Rights, aiming at the abolition of the death penalty (1989/ -- / no)the abolition of the death penalty (1989/ -- / no)

Selected International Treaties Selected International Treaties on Conducton Conduct

International Convention on the Elimination of All Forms of Racial International Convention on the Elimination of All Forms of Racial Discrimination (1965 /1969 US 1994)Discrimination (1965 /1969 US 1994)

Convention on the Elimination of All Forms of Discrimination Convention on the Elimination of All Forms of Discrimination against Women (1979 /1981 US signed 1980)against Women (1979 /1981 US signed 1980)

Convention on the Rights of the Child (1989 /1990 US signed 1995)Convention on the Rights of the Child (1989 /1990 US signed 1995) Optional Protocols on armed conflict and prostitution/pornography Optional Protocols on armed conflict and prostitution/pornography

ratified by US 2002ratified by US 2002 Slavery Convention (1926 / 1955 US signed 1956)Slavery Convention (1926 / 1955 US signed 1956) Convention against Torture and Other Cruel, Inhuman or Convention against Torture and Other Cruel, Inhuman or

Degrading Treatment or Punishment (1984 / 1987 US 1994, no to Degrading Treatment or Punishment (1984 / 1987 US 1994, no to OP)OP)

http://www.unhchr.ch/html/intlinst.htmhttp://www.unhchr.ch/html/intlinst.htm

Language v. ActionLanguage v. Action Though called for in the 1948 Genocide Though called for in the 1948 Genocide

Convention, efforts to establish a permanent Convention, efforts to establish a permanent court were delayed for decades by the cold court were delayed for decades by the cold war and refusal of governments to accept an war and refusal of governments to accept an international legal jurisdiction.  international legal jurisdiction. 

While the language and forums for While the language and forums for expressing human rights concerns have expressing human rights concerns have existed since the founding of the UN Human existed since the founding of the UN Human Rights Commission, only in the last 10 years Rights Commission, only in the last 10 years has actual intervention over the objections has actual intervention over the objections of sovereignty become acceptable. of sovereignty become acceptable.

International Criminal International Criminal Tribunal for the Former Tribunal for the Former

YugoslaviaYugoslavia In 1993, the conflict in In 1993, the conflict in

the former Yugoslavia the former Yugoslavia erupted, which led to erupted, which led to establishment of ad establishment of ad hoc International hoc International Criminal Tribunal for Criminal Tribunal for the former Yugoslavia the former Yugoslavia (ICTY)., to hold (ICTY)., to hold individuals accountable individuals accountable for war crimes, crimes for war crimes, crimes against humanity and against humanity and genocide.genocide.

International International Criminal Criminal

Tribunal for Tribunal for RwandaRwanda

Established for the prosecution of persons Established for the prosecution of persons responsible for genocide and other serious responsible for genocide and other serious violations of international humanitarian law violations of international humanitarian law committed in the territory of Rwanda between committed in the territory of Rwanda between 1 January 1994 and 31 December 1994. 1 January 1994 and 31 December 1994.

Other International Tribunal Other International Tribunal DiscussionsDiscussions

Cambodia, none establishedCambodia, none established East Timor, none establishedEast Timor, none established Sierra Leon, forming nowSierra Leon, forming now

ICTY, ICTR and the ICCICTY, ICTR and the ICC Each of these is a statement of Each of these is a statement of

International Norms having International Norms having supremacy over national sovereignty.supremacy over national sovereignty.

US supports specific event / mandate US supports specific event / mandate tribunals when in its interest but tribunals when in its interest but strongly opposes the general events strongly opposes the general events mandate of the ICCmandate of the ICC

All since 1990All since 1990

The Rome ConferenceThe Rome Conference The United Nations Diplomatic The United Nations Diplomatic

Conference of Plenipotentiaries Conference of Plenipotentiaries on the Establishment of an on the Establishment of an International Criminal Court International Criminal Court (Rome Conference).(Rome Conference).

Held in Rome, Italy, from 15 Held in Rome, Italy, from 15 June to 17 July 1998, "to June to 17 July 1998, "to finalize and adopt a convention finalize and adopt a convention on the establishment of an on the establishment of an international criminal court". international criminal court".

The ICC established on The ICC established on ratification by 60 countries. ratification by 60 countries. (July 2002) (July 2002) Currently the Rome Currently the Rome Statute of the ICC has 139 Statute of the ICC has 139 Signatories and 92 Ratifications.Signatories and 92 Ratifications.

-- Kofi Annan, United Nations -- Kofi Annan, United Nations Secretary-GeneralSecretary-General

"In the prospect of an international criminal court lies "In the prospect of an international criminal court lies the promise of universal justice. That is the simple and the promise of universal justice. That is the simple and soaring hope of this vision. We are close to its soaring hope of this vision. We are close to its realization. We will do our part to see it through till the realization. We will do our part to see it through till the end. We ask you . . . to do yours in our struggle to end. We ask you . . . to do yours in our struggle to ensure that no ruler, no State, no junta and no army ensure that no ruler, no State, no junta and no army anywhere can abuse human rights with impunity. Only anywhere can abuse human rights with impunity. Only then will the innocents of distant wars and conflicts then will the innocents of distant wars and conflicts know that they, too, may sleep under the cover of know that they, too, may sleep under the cover of justice; that they, too, have rights, and that those who justice; that they, too, have rights, and that those who violate those rights will be punished."violate those rights will be punished."

What Crimes Are Covered?What Crimes Are Covered?Jurisdiction only since July Jurisdiction only since July

20022002 The crime of genocideThe crime of genocide The crime of aggressionThe crime of aggression War crimesWar crimes Crimes Against Crimes Against

HumanityHumanity Crimes Against United Crimes Against United

Nations and associated Nations and associated personnelpersonnel

Other Categories:Other Categories: TerrorismTerrorism Drug and Psychotropic Drug and Psychotropic

Trafficking Trafficking

The Crime of GenocideThe Crime of Genocide Article 5 of the statute took the definition of Article 5 of the statute took the definition of

“genocide” verbatim as it was defined in Genocide “genocide” verbatim as it was defined in Genocide Convention (1948). Convention (1948).

““Genocide means any of the following acts committed with Genocide means any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:racial or religious group, as such: Killing members of the group;Killing members of the group; Causing serious bodily or mental harm to members of Causing serious bodily or mental harm to members of

the group;the group; Deliberately inflicting on the group conditions of life Deliberately inflicting on the group conditions of life

calculated to bring about its physical destruction in calculated to bring about its physical destruction in whole or in part;whole or in part;

Imposing measures intended to prevent births within Imposing measures intended to prevent births within the group;the group;

Forcibly transferring children of the group to another Forcibly transferring children of the group to another group.group.

The Crime of AggressionThe Crime of Aggression Definition: In 1974 the United Nations General Definition: In 1974 the United Nations General

Assembly defined aggression as “initiating, planning, Assembly defined aggression as “initiating, planning, preparing or waging aggression.”preparing or waging aggression.”

Problem: Finding a suitable Definition. Some do not Problem: Finding a suitable Definition. Some do not want this listed as a crime due to lack of suitable want this listed as a crime due to lack of suitable definition.definition.

Others who want to include the crime of aggression Others who want to include the crime of aggression maintain the definition can rest with the U.N. Security maintain the definition can rest with the U.N. Security Council, and may be determined on an Council, and may be determined on an ad hocad hoc basis. basis.

Proposed Definition: “Planning, Preparing, Ordering, Proposed Definition: “Planning, Preparing, Ordering, Initiating, or Carrying out an armed attack, or the use Initiating, or Carrying out an armed attack, or the use of force, or a war of aggression, or a war in violation of of force, or a war of aggression, or a war in violation of international treaties or agreements, by a State, international treaties or agreements, by a State, against the territorial integrity of another State, against against the territorial integrity of another State, against the provisions in the U.N. Charter.”the provisions in the U.N. Charter.”

War CrimesWar Crimes The statute enumerates four different categories of war The statute enumerates four different categories of war

crimes:crimes: Grave breaches of the four Geneva Conventions of Grave breaches of the four Geneva Conventions of

12 August 1949.12 August 1949. Other serious violations of the laws and customs Other serious violations of the laws and customs

applicable in international armed conflicts (largely applicable in international armed conflicts (largely derived from the Hague law, limiting the methods of derived from the Hague law, limiting the methods of waging war).waging war).

In case of an armed conflict not of an international In case of an armed conflict not of an international character, serious violations of article 3 common to character, serious violations of article 3 common to the four Geneva Conventions of 12 August 1949.the four Geneva Conventions of 12 August 1949.

Other serious violations of the laws and customs Other serious violations of the laws and customs applicable in armed conflicts not of an international applicable in armed conflicts not of an international character, within the established framework of character, within the established framework of international law.international law.

Grave Breaches of Geneva Grave Breaches of Geneva ConventionConvention

The four Geneva Conventions of 1949 extend special The four Geneva Conventions of 1949 extend special protections to certain categories of persons--wounded protections to certain categories of persons--wounded and sick in armed forces in the field; wounded, sick and and sick in armed forces in the field; wounded, sick and shipwrecked members of armed forces at sea; POWs; shipwrecked members of armed forces at sea; POWs; and civilians during wartime.and civilians during wartime.

Willful killing; Torture or inhuman treatmentWillful killing; Torture or inhuman treatment Willfully causing great suffering, or serious injuryWillfully causing great suffering, or serious injury Extensive destruction or appropriation of propertyExtensive destruction or appropriation of property Compelling POWs to serve in the forces of a hostile Compelling POWs to serve in the forces of a hostile

PowerPower Unlawful deportation, transfer, or confinementUnlawful deportation, transfer, or confinement

Crimes Against United Crimes Against United NationsNations

Crimes against United Nations and associated Crimes against United Nations and associated personnel is currently not under the jurisdiction of personnel is currently not under the jurisdiction of the ICC, as the Geneva Convention does not provide the ICC, as the Geneva Convention does not provide any protection or guarantee that perpetrators will be any protection or guarantee that perpetrators will be brought to justice.brought to justice.

Due to the increasing safety concerns for the UN and Due to the increasing safety concerns for the UN and associated personnel after the 1990s, peacekeepers, associated personnel after the 1990s, peacekeepers, humanitarian workers and civilian staff members of humanitarian workers and civilian staff members of the UN are lobbying for this crime to fall within the the UN are lobbying for this crime to fall within the jurisdiction of the ICC. jurisdiction of the ICC.

Other Categories of CrimeOther Categories of Crime TerrorismTerrorism Crimes Involving the Illicit Traffic in Crimes Involving the Illicit Traffic in

Narcotic Drugs and Psychotropic Narcotic Drugs and Psychotropic SubstancesSubstances

Trigger MechanismsTrigger Mechanisms There are three possible mechanisms by which the There are three possible mechanisms by which the

jurisdiction of the ICC may be triggered:jurisdiction of the ICC may be triggered: Complaint by a State PartyComplaint by a State Party

A State Party can lodge a complaint with the A State Party can lodge a complaint with the Prosecutor and ask him to investigate the situation.Prosecutor and ask him to investigate the situation.

State bringing complaint must be: State on territory State bringing complaint must be: State on territory where act was committed; Custodial State where where act was committed; Custodial State where accused officer is present; State of the nationality of accused officer is present; State of the nationality of the suspect; or State of the nationality of the victims.the suspect; or State of the nationality of the victims.

Referral by the Security CouncilReferral by the Security Council The United Nation’s Security Council can refer a The United Nation’s Security Council can refer a

specific matter to the Court for an investigation.specific matter to the Court for an investigation. Trigger by the ProsecutorTrigger by the Prosecutor

Prosecutor may bring a matter before the Court.Prosecutor may bring a matter before the Court.

To Achieve Justice For AllTo Achieve Justice For All

ICC = “the missing link” in the international legal ICC = “the missing link” in the international legal system. system.

The International Court of Justice at The Hague The International Court of Justice at The Hague handles only cases between States, not individuals. handles only cases between States, not individuals.

With no ICC, acts of genocide and egregious violations With no ICC, acts of genocide and egregious violations of human rights often go unpunished.of human rights often go unpunished.

Lack of accountability over the last 50 years.Lack of accountability over the last 50 years. Cambodia in 1970sCambodia in 1970s Mozambique, Liberia, El Salvador, etc. Mozambique, Liberia, El Salvador, etc. Algeria and the Great Lakes region of Africa.Algeria and the Great Lakes region of Africa.

To End ImpunityTo End Impunity "A person stands a better chance of being tried and judged for "A person stands a better chance of being tried and judged for

killing one human being than for killing 100,000." -- José Ayala killing one human being than for killing 100,000." -- José Ayala Lasso, former United Nations High Commissioner for Human RightsLasso, former United Nations High Commissioner for Human Rights

According to the Draft Code of Crimes against the Peace and According to the Draft Code of Crimes against the Peace and Security of Mankind, completed in 1996 (by the International Law Security of Mankind, completed in 1996 (by the International Law Commission at the request of the General Assembly) Commission at the request of the General Assembly) enforcement of international law applies equally and enforcement of international law applies equally and without exception to any individual throughout the without exception to any individual throughout the governmental hierarchy or military chain of command.governmental hierarchy or military chain of command.

And the Convention on the Prevention and Punishment of the And the Convention on the Prevention and Punishment of the Crime of Genocide adopted by the United Nations in 1948 Crime of Genocide adopted by the United Nations in 1948 recognizes that recognizes that the crime of genocide may be committed by the crime of genocide may be committed by constitutionally responsible rulers, public officials or constitutionally responsible rulers, public officials or private individuals. private individuals.

To Help End ConflictsTo Help End Conflicts "There can be no peace "There can be no peace

without justice, no justice without justice, no justice without law and no without law and no meaningful law without a meaningful law without a Court to decide what is just Court to decide what is just and lawful under any given and lawful under any given circumstance." -- Benjamin circumstance." -- Benjamin Ferencz, former Nürnberg Ferencz, former Nürnberg prosecutorprosecutor

The guarantee that at least The guarantee that at least some perpetrators of war some perpetrators of war crimes or genocide may be crimes or genocide may be brought to justice acts as a brought to justice acts as a deterrent and enhances the deterrent and enhances the possibility of bringing a possibility of bringing a conflict to an endconflict to an end. .

““Selective justice: "Selective justice: " Why has there been no war crimes Why has there been no war crimes tribunal for the "killing fields" in Cambodia? A permanent tribunal for the "killing fields" in Cambodia? A permanent court could operate in a more consistent way. court could operate in a more consistent way.

““Tribunal fatigue:” Tribunal fatigue:” Problems with Ad Hoc Tribunals:Problems with Ad Hoc Tribunals: crucial evidence deteriorated/destroyed;crucial evidence deteriorated/destroyed; perpetrators can escape or disappear; and perpetrators can escape or disappear; and witnesses can relocate or be intimidated. witnesses can relocate or be intimidated. Investigation increasingly expensive;Investigation increasingly expensive; Ad hoc tribunals are subject to limits of time or place. Ad hoc tribunals are subject to limits of time or place.

Crimes committed since that time are not covered. Crimes committed since that time are not covered.

To remedy the To remedy the deficiencies of ad hoc deficiencies of ad hoc

tribunalstribunals

To take over when national To take over when national criminal justice institutions criminal justice institutions are unwilling or unable to are unwilling or unable to

actact "Crimes under international law by "Crimes under international law by their very nature often require the their very nature often require the direct or indirect participation of a direct or indirect participation of a number of individuals at least some of number of individuals at least some of whom are in positions of governmental whom are in positions of governmental authority or military command." -- authority or military command." -- Report of the International Law Report of the International Law Commission, 1996Commission, 1996

National institutions often either National institutions often either unwilling or unable to act, usually for unwilling or unable to act, usually for one of two reasons:one of two reasons: Governments often lack the Governments often lack the

political will to prosecute their own political will to prosecute their own citizens; Or citizens; Or

National institutions may have National institutions may have collapsed, as in the case of Rwanda. collapsed, as in the case of Rwanda.

Argentines Face Human Argentines Face Human Rights Trials in EuropeRights Trials in Europe

July 28, 2003 July 28, 2003 At least 40 retired Argentine military officials At least 40 retired Argentine military officials

accused of human rights violations during the accused of human rights violations during the 1976-1983 dictatorship are now in custody in 1976-1983 dictatorship are now in custody in Argentina and facing trials in Europe after the new Argentina and facing trials in Europe after the new government moved late last week to strip them of government moved late last week to strip them of their longstanding immunity from extradition. their longstanding immunity from extradition.

On Friday, President Néstor Kirchner, who took On Friday, President Néstor Kirchner, who took office two months ago, revoked a government edict office two months ago, revoked a government edict that prohibited Argentine officials from being that prohibited Argentine officials from being handed over to foreign countries to face criminal handed over to foreign countries to face criminal charges abroad.charges abroad.

Foreign governments seem Foreign governments seem especially interested in trying Alfredo especially interested in trying Alfredo Astiz, a 50-year-old naval captain Astiz, a 50-year-old naval captain who has become perhaps the most who has become perhaps the most notorious symbol of Argentina's Dirty notorious symbol of Argentina's Dirty War. Nicknamed "the blond angel of War. Nicknamed "the blond angel of death," Captain Astiz infiltrated death," Captain Astiz infiltrated human rights groups and is accused human rights groups and is accused of having designated which of their of having designated which of their leaders were to be kidnapped, leaders were to be kidnapped, tortured and killed.tortured and killed.

The Spanish judge who made the The Spanish judge who made the extradition request, Baltazar Garzón, is the extradition request, Baltazar Garzón, is the same judge whose efforts led to the same judge whose efforts led to the detention of Gen. Augusto Pinochet, Chile's detention of Gen. Augusto Pinochet, Chile's former military dictator, in Britain in 1998. former military dictator, in Britain in 1998.

With the 30th anniversary of the coup that With the 30th anniversary of the coup that brought General Pinochet to power now brought General Pinochet to power now less than two months away, Argentina's less than two months away, Argentina's actions are certain to add to an already actions are certain to add to an already heated debate in Chile about how to deal heated debate in Chile about how to deal with military human rights abusers there.with military human rights abusers there.

"It sends a very powerful signal to those "It sends a very powerful signal to those who commit these types of crimes that who commit these types of crimes that today is a day of international justice," the today is a day of international justice," the Chilean president, Ricardo Lagos, said in a Chilean president, Ricardo Lagos, said in a radio interview on Saturday. radio interview on Saturday.

Why There is a Lot of Work Still Why There is a Lot of Work Still To be DoneTo be Done

Spain's government decided on August 29Spain's government decided on August 29thth not to not to seek the extradition of 40 Argentines indicted here seek the extradition of 40 Argentines indicted here for abuses during their country's "dirty war" under for abuses during their country's "dirty war" under military rule, saying they should be tried at home.military rule, saying they should be tried at home.

The government rejected a Spanish judge's request The government rejected a Spanish judge's request because Argentina's Congress this month voted to because Argentina's Congress this month voted to repeal two laws that had shielded hundreds of repeal two laws that had shielded hundreds of military officers from prosecution for abuses during military officers from prosecution for abuses during the 1976-83 dictatorship.the 1976-83 dictatorship.

Under the extradition treaty between Spain and Under the extradition treaty between Spain and Argentina, the 40 suspects should now be tried in Argentina, the 40 suspects should now be tried in Argentina, Deputy Prime Minister Mariano Rajoy Argentina, Deputy Prime Minister Mariano Rajoy said.said.

"When certain crimes are committed in a country "When certain crimes are committed in a country and it is possible to try them, it must be done in that and it is possible to try them, it must be done in that country. That's the principle of territoriality," Rajoy country. That's the principle of territoriality," Rajoy said after a cabinet meeting.said after a cabinet meeting.

Other Systems in the Other Systems in the International Legal Order – International Legal Order –

Human RightsHuman Rights The United Nations Human Rights SystemThe United Nations Human Rights System The European System For The Protection Of The European System For The Protection Of

Human Rights Human Rights The Inter-American Human Rights SystemThe Inter-American Human Rights System The African System Of Human And Peoples’ The African System Of Human And Peoples’

Rights Rights Humanitarian Law Humanitarian Law Non-Governmental Human Rights Non-Governmental Human Rights

Organizations Organizations

THE UNITED NATIONS HUMAN THE UNITED NATIONS HUMAN RIGHTS SYSTEMRIGHTS SYSTEM

The UN Charter The UN Charter The International Bill of Human The International Bill of Human

RightsRights Other Major UN Human Rights Other Major UN Human Rights

TreatiesTreaties UN Charter-Based InstitutionsUN Charter-Based Institutions Specialized AgenciesSpecialized Agencies

The UN CharterThe UN Charter The human rights provisions that ultimately The human rights provisions that ultimately

found their way into the Charter of the found their way into the Charter of the United Nations fell far short of expectations.United Nations fell far short of expectations.

That was to be expected, for each of the That was to be expected, for each of the main powers had troublesome human main powers had troublesome human rights problems. The Soviet Union had its rights problems. The Soviet Union had its GulagGulag, the United States its , the United States its de jurede jure racial racial discrimination, France and Great Britain discrimination, France and Great Britain their colonial empires.their colonial empires.

Human Rights in the UN Human Rights in the UN Charter Charter

Article 1(3) of the Charter of the United Article 1(3) of the Charter of the United Nations proclaims the following goal as one of Nations proclaims the following goal as one of the “purposes” of the UN: the “purposes” of the UN:

To achieve international co-operation in To achieve international co-operation in solving international problems of an solving international problems of an economic, social, cultural, or humanitarian economic, social, cultural, or humanitarian character, and in promoting and encouraging character, and in promoting and encouraging respect for human rights and for fundamental respect for human rights and for fundamental freedoms for all without distinction as to race, freedoms for all without distinction as to race, sex, language, or religion. sex, language, or religion.

Article 55Article 55 ……the United Nations shall promote:the United Nations shall promote: (a) higher standards of living, full employment, (a) higher standards of living, full employment,

and conditions of economic and social and conditions of economic and social progress and development;progress and development;

(b) solutions of international economic, social, (b) solutions of international economic, social, health, and related problems; and health, and related problems; and international cultural and educational international cultural and educational cooperation; and cooperation; and

(c) universal respect for, and observance of (c) universal respect for, and observance of human rights and fundamental freedoms for human rights and fundamental freedoms for all without distinction as to race, sex, all without distinction as to race, sex, language, or religion. language, or religion.

Article 56Article 56 All Members pledge themselves to take joint and All Members pledge themselves to take joint and

separate action in co-operation with the Organization separate action in co-operation with the Organization for the achievement of the purpose set forth in for the achievement of the purpose set forth in Article 55.Article 55.

The Charter confers similar power on the UN The Charter confers similar power on the UN Economic and Social Council (ECOSOC). It authorizes Economic and Social Council (ECOSOC). It authorizes the ECOSOC to “make recommendations for the the ECOSOC to “make recommendations for the purpose of promoting respect for, and observance of, purpose of promoting respect for, and observance of, human rights and fundamental freedoms for all” and human rights and fundamental freedoms for all” and requires it to “set up commissions in economic and requires it to “set up commissions in economic and social fields and for the promotion of human social fields and for the promotion of human rights….” Arts 62(2) and 68. rights….” Arts 62(2) and 68.

International Bill of Human International Bill of Human RightsRights

Universal Declaration of Human Rights Universal Declaration of Human Rights International Covenant on Economic, Social and International Covenant on Economic, Social and

Cultural Rights (1966/1976; US signed 1977)Cultural Rights (1966/1976; US signed 1977) International Covenant on Civil and Political International Covenant on Civil and Political

Rights (1966/1976; US 1992)Rights (1966/1976; US 1992) Optional Protocol to the International Covenant Optional Protocol to the International Covenant

on Civil and Political Rights (1966/1976; no)on Civil and Political Rights (1966/1976; no) Second Optional Protocol to the International Second Optional Protocol to the International

Covenant on Civil and Political Rights, aiming at Covenant on Civil and Political Rights, aiming at the abolition of the death penalty (1989/ -- / no)the abolition of the death penalty (1989/ -- / no)

Other Major UN Human Rights Other Major UN Human Rights TreatiesTreaties

The Convention on the Prevention and The Convention on the Prevention and Punishment of the crime of Genocide,Punishment of the crime of Genocide,

International Convention on the Elimination of All International Convention on the Elimination of All Forms of Racial Discrimination, Forms of Racial Discrimination,

International Convention on the Suppression and International Convention on the Suppression and the Punishment of the Crime of Apartheid,the Punishment of the Crime of Apartheid,

Convention on the Elimination of all forms of Convention on the Elimination of all forms of Discrimination against Women, Discrimination against Women,

Convention Against Torture and Other Cruel, Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment,Inhuman or Degrading Treatment,

Convention on the Rights of the Child. Convention on the Rights of the Child.

UN Charter-Based UN Charter-Based InstitutionsInstitutions

Commission on Human Rights Commission on Human Rights Sub-Commission on Promotion and Sub-Commission on Promotion and

Protection of Human Rights Protection of Human Rights Commission on the Status of WomenCommission on the Status of Women The High Commissioner for Human The High Commissioner for Human

RightsRights Field OfficesField Offices Conferences and ResolutiuonsConferences and Resolutiuons

Specialized AgenciesSpecialized Agencies The International Labor OrganizationThe International Labor Organization

The International Labor Organization, established The International Labor Organization, established in 1919 by the Treaty of Versailles, focuses on in 1919 by the Treaty of Versailles, focuses on those human rights related to the right to work those human rights related to the right to work and to working conditions, including the right to and to working conditions, including the right to form trade unions, the right to strike, the right to form trade unions, the right to strike, the right to be free from slavery and forced labor, equal be free from slavery and forced labor, equal employment and training opportunities, the right employment and training opportunities, the right to safe and healthy working conditions, and the to safe and healthy working conditions, and the right to social security. right to social security.

Specialized AgenciesSpecialized Agencies UNESCO (UN Educational, Scientific, and UNESCO (UN Educational, Scientific, and

Cultural Org.) promotes teaching and Cultural Org.) promotes teaching and research on human rights, adopts research on human rights, adopts conventions and recommendations on conventions and recommendations on human rights related to its subject areas. human rights related to its subject areas.

It has also established a complaints It has also established a complaints procedure available to individuals and procedure available to individuals and NGOs.NGOs.

World Health Organization, etcWorld Health Organization, etc

THE EUROPEAN SYSTEM FOR THE EUROPEAN SYSTEM FOR THE PROTECTION OF HUMAN THE PROTECTION OF HUMAN

RIGHTS RIGHTS The European Convention on Human Rights The European Convention on Human Rights The Enforcement Mechanism of the The Enforcement Mechanism of the

Convention Convention The European Social Charter The European Social Charter Council of Europe Human Rights TreatiesCouncil of Europe Human Rights Treaties The European Union The European Union Organization for Security and Cooperation in Organization for Security and Cooperation in

Europe (OSCE)Europe (OSCE)

The European Convention on The European Convention on Human Rights Human Rights

The European Convention on Human Rights entered The European Convention on Human Rights entered into force on September 3, 1953into force on September 3, 1953

As originally adopted, the European Convention As originally adopted, the European Convention guarantees the following rights: right to life; right not guarantees the following rights: right to life; right not to be subjected to torture, inhuman or degrading to be subjected to torture, inhuman or degrading punishment; freedom from slavery; right to liberty, punishment; freedom from slavery; right to liberty, security of person; Due Process of Law; freedom from security of person; Due Process of Law; freedom from ex post facto laws and punishment; right to private ex post facto laws and punishment; right to private and family life; freedom of thought, conscience and and family life; freedom of thought, conscience and religion; freedom of expression and of peaceful religion; freedom of expression and of peaceful assembly; and the right to marry and found a family. assembly; and the right to marry and found a family.

A non-discrimination clause applies to the A non-discrimination clause applies to the “enjoyment of the rights and freedoms” the “enjoyment of the rights and freedoms” the Convention proclaims. Convention proclaims.

The Enforcement Mechanism The Enforcement Mechanism of the Conventionof the Convention

Jurisdiction of the European Court Jurisdiction of the European Court Inter-State Complaints Inter-State Complaints Private Petitions Private Petitions Admissibility: Incompatible, Ill-Founded, or Abuse Admissibility: Incompatible, Ill-Founded, or Abuse

of the Right of Petition of the Right of Petition Exhaustion of Domestic RemediesExhaustion of Domestic Remedies The Individual’s Participation in the Proceedings The Individual’s Participation in the Proceedings Judgments of the CourtJudgments of the Court Enforcement of Judgments by the Committee of Enforcement of Judgments by the Committee of

Ministers Ministers Interpretation of the Rights Guaranteed Interpretation of the Rights Guaranteed

The European Social CharterThe European Social Charter , It complements the Convention, , It complements the Convention,

which guarantees only civil and which guarantees only civil and political rights, by establishing a political rights, by establishing a regional European system for the regional European system for the protection of economic and social protection of economic and social rightsrights

Council of Europe Human Council of Europe Human Rights TreatiesRights Treaties

The European Convention against The European Convention against TortureTorture

Protection of National Minorities Protection of National Minorities Human Rights and Biomedicine Human Rights and Biomedicine

The European Union The European Union The Charter of Fundamental Rights of the The Charter of Fundamental Rights of the

European Union.European Union. In June 1999 the EU decided that a European In June 1999 the EU decided that a European

Charter of Fundamental Rights should be Charter of Fundamental Rights should be drafted to cover all rights that pertain to the drafted to cover all rights that pertain to the Union’s citizens, in effect combining the Union’s citizens, in effect combining the guarantees of the European Convention on guarantees of the European Convention on Human Rights, the European Social Charter, Human Rights, the European Social Charter, and other human rights instruments. and other human rights instruments.

Organization for Security and Organization for Security and Cooperation in Europe (OSCE)Cooperation in Europe (OSCE)

The Conference on Security and The Conference on Security and Cooperation in Europe (CSCE), which Cooperation in Europe (CSCE), which in 1994 became the Organization for in 1994 became the Organization for Security and Cooperation in Europe Security and Cooperation in Europe (OSCE), is not strictly an European (OSCE), is not strictly an European organization.organization.

It has many members outside the EU It has many members outside the EU such as the US and Canadasuch as the US and Canada

THE INTER-AMERICAN HUMAN THE INTER-AMERICAN HUMAN RIGHTS SYSTEM RIGHTS SYSTEM

Organization of American States (OAS)Organization of American States (OAS) The OAS discharges its functions through The OAS discharges its functions through

various organs, including the General various organs, including the General Assembly and Permanent Council Assembly and Permanent Council

The American Declaration of the Rights and The American Declaration of the Rights and Duties of ManDuties of Man

The establishment of the Inter-American The establishment of the Inter-American Com- mission on Human Rights was Com- mission on Human Rights was mandated in 1959mandated in 1959

The Inter-American Court of Human RightsThe Inter-American Court of Human Rights

THE AFRICAN SYSTEM OF THE AFRICAN SYSTEM OF HUMAN AND PEOPLES RIGHTSHUMAN AND PEOPLES RIGHTS

THE RIGHTS AND DUTIESTHE RIGHTS AND DUTIES First, the African Charter proclaims not only rights but First, the African Charter proclaims not only rights but

also duties,also duties, Second, it codifies peoples as well as individual rights,Second, it codifies peoples as well as individual rights, Third, in addition to guaranteeing civil and political Third, in addition to guaranteeing civil and political

rights, it protects economic, social and cultural rights,rights, it protects economic, social and cultural rights, Fourth, the treaty is drafted in a form that permits the Fourth, the treaty is drafted in a form that permits the

States Parties to impose very extensive restrictions States Parties to impose very extensive restrictions and limitations on the exercise of the rights it and limitations on the exercise of the rights it guaranteesguarantees

HUMANITARIAN LAW HUMANITARIAN LAW The Geneva Conventions and The Geneva Conventions and

ProtocalsProtocals Time of War and Armed ConflictTime of War and Armed Conflict

The EndThe End