Comprehensive Notes on International Justice for Human Rights Violation Law: Foundations and State Responsibility

Participant Backgrounds and Institutional Affiliations

The course participants represent a diverse range of academic and professional backgrounds, particularly from Latin American and international legal systems. Chartell is a dual major pursuing a law degree in international law and a master's in international affairs. Another student, currently in their last year of law school in Colombia, is focusing their thesis on how justice can assist in breaking the cycle of human rights violations. A representative from Honduras, who also identifies as Mexican, shared their experience as an environmental activist since the age of $11$ and has worked with the Chamber of Representatives in their home country. This student is currently studying English and views the class as a significant challenge. Other participants include a former Mexican judge who retired following judicial reforms that eliminated the traditional judicial career path in favor of elections, and a Brazilian PhD candidate at the University of Sao Paulo whose thesis focuses on abortion within the Inter-American system of human rights.

Additional students include Sam from Los Angeles, California, who recently finished their first year ($1L$) at WCL; a former junior prosecutor from an unspecified jurisdiction; and a US student interested in practicing humanitarian, lifestyle, or international law after recently passing the bar exam. A student from Puebla, Mexico, holds a master's degree in criminal law and is pursuing a second degree in human rights. Shanty Saxter, a special agent in the federal government, is pursuing a second career focusing on international human rights and social justice rather than purely criminal aspects of the law. Benzott, a resident from Afghanistan, is involved in investigating human rights issues and updating state international standards. Linda, from Germany, has a background in human rights and humanitarian law research, specifically regarding Russian aggression and cyber attacks in Ukraine. Grace Brewer, a WCL student and former criminal defense paralegal, seeks to merge her background in international studies with criminal defense and human rights law.

Course Logistics and Instructional Philosophy

The instructor emphasizes that the course will be interactive and cumulative, relying on students to contribute their professional perspectives. The syllabus will be followed closely, though the professor reserves the right to adjust it as needed. Due to schedule conflicts, classes will not be held on Wednesday or Thursday of the first week. Instead, a makeup class is scheduled for Saturday from $10:30\,AM$ to $1:00\,PM$. This session is designed to be a simulation-based, interactive experience. The professor noted that the Saturday session is required to meet the specific number of credit hours mandated by the ADA and the university for legal accreditation.

A central pedagogical requirement of the course is the "no laptop" rule. The professor advocates for hand-written notes over digital typing to prevent students from entering "secretarial mode," where they transcribe every word without cognitively processing the information. Research suggests that selective note-taking by hand improves absorption and active learning. In exchange for this, the professor provides the lecture slides, which include notes and summaries of class discussions, ensuring students have access to the foundational content without needing to transcribe everything verbatim. The instructor also cautions against using "quick and dirty" summaries of the readings, stating that such shortcuts yield "garbage" and fail to facilitate the necessary mental processing required for legal mastery.

Distinguishing Human Rights Law from International Criminal Law

The course content is structured into two overlapping modules: International Human Rights Law (IHRL) and International Criminal Law (ICL). International Human Rights Law primarily addresses the responsibility of the state rather than individuals. When a state is found to have violated human rights, the remedies typically include injunctions, declarations, and recommendations. However, a major point of intersection exists: international bodies often require states to criminally prosecute the individuals responsible for violations within their national courts. One cannot bring an individual defendant before the Inter-American Court of Human Rights or the European Court of Human Rights; these regional courts only adjudicate the responsibility of states. The architecture of human rights also includes UN bodies such as the Human Rights Council and various special procedures.

International Criminal Law (ICL), on the other hand, deals primarily with individuals and secondarily with structures like militias, organizations, or corporations. It focuses on penal sanctions, such as prison or community service. While ICL is distinct, the International Criminal Court (ICC) has begun to recognize the needs of victims through complementary regimes like the Trust Fund for Victims and the imposition of fines on offenders. Most international criminal cases are handled at the national level, which serves as the "first line" of the architecture. The intersection of IHRL and ICL occurs when human rights violations also constitute international crimes, such as violations of the right to life, freedom from torture, or freedom from arbitrary detention.

The Victim-Centric Approach in Human Rights

The professor highlights the shifts in human rights law over the last few years toward a victim-centric model. This approach begins by asking what the victims actually want, rather than assuming their needs are purely financial. While some victims may seek monetary compensation, others view it as "blood money"—an attempt by the state to buy their silence or acceptance of a loved one's death. Many victims prioritize justice, a formal apology, or the restoration of their reputation. For example, a victim might want the state to acknowledge that their child was not a criminal. This process of restitution is often more about restoring the victim's social and psychological standing than about legal technicalities. The professor emphasizes that asking "what do you want?" is essential to effective human rights work.

Foundational Case Study: Velásquez-Rodríguez v. Honduras

The case of Velásquez-Rodríguez v. Honduras serves as the foundational precedent for the Inter-American system and universal human rights law. Manfredo Velásquez was a student leader and the president of the University Students of Honduras who was abducted in light of a government-linked campaign of forced disappearances. His family filed numerous habeas corpus petitions, but he was never heard from again. Although there were tens of thousands of disappearances in Argentina ($30,000$) and Chile ($3,000$) during the same period, the Inter-American Commission chose this case for the court because of the "cornucopia of evidence" available. This included testimony from students seated in cells next to Velásquez and a former police officer who confessed details of the operation while intoxicated.

Strategically, the Commission chose to take on a smaller country like Honduras rather than a powerful one like Argentina to establish legal principles before tackling larger states. The resulting ruling interpreted Article $1.1$ of the American Convention on Human Rights, which mandates that states must "respect and ensure" the rights recognized therein. The court established that the state is responsible not only when it actively violates a right (the duty to respect) but also when it fails to prevent, investigate, or punish violations by third parties (the duty to ensure).

Legal Principles of State Responsibility

Under the doctrine established in Velásquez-Rodríguez, the state's obligation is one of "means," not "results." The state is not internationally responsible for every single crime committed, but it is responsible if it fails to act with due diligence. This includes an obligation to provide a genuine, effective, and timely investigation. Key doctrines arising from this case include:

1. Ultra Vires Acts: The state is still responsible for the actions of its agents even if those agents acted beyond their official duties or instructions.
2. Prevention and Investigation: If the state fails to prevent a violation, it must investigate, prosecute, and repair the damage.
3. Burden of Proof: Unlike criminal trials, which require proof "beyond a reasonable doubt," the standard for state responsibility in human rights law is "more likely than not" (a preponderance of evidence). Inferences and presumptions can be used, especially when a "pattern and practice" of violations exists, such as the use of unmarked white vans with tinted windows.
4. Continuous Crimes: Forced disappearance is categorized as a continuous crime. Even if the initial abduction occurred before a state joined a treaty, the state's ongoing failure to investigate or disclose the victim's whereabouts constitutes a current violation of its treaty obligations.

The Global Framework: ICCPR and Jurisdiction

At the global level, the International Covenant on Civil and Political Rights (ICCPR) serves as a baseline for human rights. States parties are required to submit reports to the Human Rights Committee, which issues General Comments to guide the interpretation of the treaty. General Comment $31$ elaborates on the state's duty to respect and ensure rights. Jurisdiction is a critical concept here; states are responsible for individuals within their territory and those subject to their jurisdiction—which can include extraterritorial control, such as a state running a prison in another country. The instructor also noted the debate between IHRL and International Humanitarian Law (IHL). While some argue that IHL is the lex specialis (special law) that supersedes general human rights law in wartime, others view human rights law as the permanent baseline that applies even during armed conflict.

Questions and Discussion

Participant Question: Is there a possibility you could record Saturday's class? I have a job and work on Saturdays. Response: The professor acknowledged the unfortunate schedule but stated they would inquire with the school about the possibility of recording. The professor intends to communicate via Canvas or email regarding how the recording policy will work and whether the technology is available.

Participant Question: Can I miss Friday's class for a meeting in New York? Response: The school policy generally allows for one missed class without penalty in these short-intensive sessions. The professor will look into recording options for that day as well and will use the class email list to update everyone.

Participant Question: To confirm, the makeup class is this Saturday from our normal time until $1:00\,PM$? Response: Yes, the class will start at the usual $10:30\,AM$ and extend until roughly $1:00\,PM$ to fulfill the required credit hours. Breaks will be taken every hour or so.