Human Rights

What is International Humanitarian Law (IHL)?

Law applying to armed conflicts, both national and international, excluding tensions

How does IHL apply?

It applies once conflict begins, equally to all sides, regardless of who started the conflict

What documents establish the rules of IHL?

The Geneva Conventions and Hague Law

What is Hague Law?

Law governing how warfare is conducted, including war crimes, laws of war, and disarmament

What do the Geneva Conventions govern?

The treatment of wounded people and protected persons during conflict

What does Article 3 of the Geneva Conventions require?

Humane treatment of civilians, wounded, and prisoners; care for the sick and wounded; and bans on torture, murder, and hostage

What was the Battle of Solferino?

The battle that inspired Henry Dunant to create the Red Cross and promote humane treatment standards

What was the Lieber Code?

A US Army field manual on conduct during war later incorporated into Hague Law

What are the main components of Geneva Law?

Distinguish, protect, and apply rules without discrimination

What did the 1899 Hague Convention establish?

That unwritten laws of war still apply through the Martens Clause

What is the Martens Clause?

A principle protecting people from new forms of warfare not explicitly covered by treaties

What is gunboat diplomacy?

The use of force to collect debts, now prohibited

What are the key principles of Hague Law?

Distinction, proportionality, and precautions

What is distinction in IHL?

The requirement to distinguish between combatants and non-combatants

What is proportionality in IHL?

The prohibition of excessive civilian damage relative to military advantage

What are precautions in IHL?

Measures taken to protect civilians during military operations

Who cannot be targeted under IHL?

Civilians, medical personnel, religious figures, journalists, prisoners, the wounded, cultural property, food supplies, the environment, and dangerous installations

What other restrictions exist under IHL?

No torture, murder, genocide, hostage-taking, uphold personal dignity, no executions/assassinations without court judgement 

What is International Human Rights Law (IHRL)?

Law applying in peace and conflict requiring states to protect freedoms and human rights

What are human rights considered to be?

Interrelated, interdependent, and indivisible

What type of law are treaties?

Hard law that is legally binding

What type of law are UN resolutions?

Soft law that is politically influential but generally not binding

What was the Westphalian Wall?

State centric where individuals only on international plane through diplomatic protection 

What is the Mavrommatis Doctrine?

The principle that the state is the claimant while individual injury triggers interstate disputes

What is the minimum standard doctrine?

Foreigners must be treated in good faith with due process protections

What was the 1948 Universal Declaration of Human Rights?

The first universal definition of human rights declaring all humans free and equal with 30 rights

What is jus cogens?

rules of customary international law that must be followed by all states

What did the 1951 Refugee Convention establish?

Protection of the rights of refugees and displaced persons

What did the 1951 Equal Remuneration Convention require?

Equal pay for work of equal value

What did the 1958 Employment Discrimination Convention protect?

right of equal dignity for all workers

What rights are protected in the 1966 International Covenant on Civil and Political Rights?

Voting, association, fair trial, privacy, and freedom of religion

What are the two optional protocols of the ICCPR?

Individual complaints and abolition of the death penalty

What does the 1966 ICESCR protect?

Rights to education, work, healthcare, and an adequate standard of living

What did the 1973 Apartheid Convention establish?

Apartheid as a crime against humanity with universal jurisdiction implications

What is CEDAW (1979)?

A convention aimed at eliminating discrimination against women

What is CAT (1984)?

The Convention Against Torture prohibiting torture and forbidding return to states where torture may occur

What does the 1989 Convention on the Rights of the Child require?

Decisions must prioritize the best interests of the child

What does the optional protocol to the Child Rights Convention address?

Child prostitution, child pornography, and child soldiers

What did the 1993 Vienna Declaration declare?

That all human rights are universal

What did the 1998 Rome Statute establish?

The International Criminal Court and individual criminal responsibility

What is the enforcement gap?

The problem that human rights norms expand faster than enforcement mechanisms

What type of law is IHRL generally considered?

Soft law

What are the prosecution mechanisms for IHL violations?

National prosecution, universal jurisdiction, and international prosecution

What are the four crimes under IHL jurisdiction?

Genocide, crimes against humanity, war crimes, and crimes of aggression

What is genocide?

The destruction of a whole protected group

What are crimes against humanity?

Systematic attacks against civilians

What are war crimes?

Serious violations committed during armed conflict

What are crimes of aggression?

The unlawful use of armed force by one state against another without self defense or authorization

What is national prosecution?

States prosecuting war criminals within their jurisdiction

What is universal jurisdiction?

Jurisdiction allowing prosecution of severe crimes regardless of nationality or where the crime occurred

When does universal jurisdiction apply extraordinarily?

For severe crimes like war crimes regardless of location or nationality

What is international prosecution?

Prosecution through tribunals or the ICC when states are unwilling or unable to prosecute