9. Global Civil Society and Human Rights

2016 ◽  
Author(s):  
Marlies Glasius ◽  
Doutje Lettinga
Keyword(s):  
Human Rights ◽  
Civil Society ◽  
Case Studies ◽  
International Criminal Court ◽  
International Criminal ◽  
Global Civil Society ◽  
Criminal Court ◽  
Social Rights ◽  
The Relationship ◽  
Rights Issues

This chapter examines the relationship between global civil society (GCS), defined as ‘people organizing to influence their world’, and the normative ideal of a ‘global rule-bound society’. It first explains the concept of GCS before discussing some of the GCS actors involved in human rights issues, with a particular focus on their background, methods, and influence. It then decribes three kinds of activities of individuals and organizations in civil society in relation to human rights corresponding to three different phases: shifting norms, making law, and monitoring implementation. These activities are illustrated with two case studies: norm-shifting activities in relation to economic and social rights, and lawmaking and monitoring activities in relation to the International Criminal Court.

scholarly journals A Standing International Criminal Court: Step By Step Towards the Enforcement of International Justice

Refuge ◽  
1999 ◽  
pp. 41-52
Author(s):  
Iris Almeida
Keyword(s):  
Human Rights ◽  
Civil Society ◽  
International Criminal Court ◽  
Rome Statute ◽  
International Criminal ◽  
Criminal Court ◽  
Civil Society Organizations ◽  
International Justice ◽  
War And Conflict ◽  
Vantage Points

The institutional arrangements for the promotion of peace, truth, justice, reparation and reconciliation of countries that are rebuilding democratic institutions following long years of war and conflict, are complex and should necessarily be varied. This article will focus on one salutary global development, namely the adoption of the Rome Statute for the establishment of an International Criminal Court. The author argues that it is essential that states display courage, tenacity and strong political will in actively pursuing the path of international justice and realizing the project of making the court a reality. The article highlights the contribution that civil society organizations including non-governrnental organizations, women's rights groups, academics, journalists, church groups and legal experts can play in educating their fellow citizens and in encouraging states to ratify the Rome Statute. This article approaches the International Criminal Court from three vantage points: First, the opening up of international law to a diversity of actors in the field of human rights; second, the universality of human rights and third, the emerging alliance between some States and civil society actors in ending the cycle of impunity.

scholarly journals The Relationship between the International Criminal Court and its Host State: The Impact on Human Rights

2014 ◽  
Vol 27 (2) ◽  
pp. 479-493 ◽  
Author(s):  
EMMA IRVING
Keyword(s):  
Human Rights ◽  
The Netherlands ◽  
International Criminal Court ◽  
International Criminal ◽  
Criminal Court ◽  
Host State ◽  
Legal Relationship ◽  
European Court ◽  
The Impact ◽  
The Relationship

AbstractWhen an international criminal tribunal establishes its headquarters in a state, its legal relationship with that state must be carved out. This legal relationship has the potential to exclude the applicability of human rights protection by curtailing the host state's jurisdiction in parts of its territory. Despite this, there is little clarity as to when when such curtailment should arise. This problem is illustrated by the situation regarding witnesses at the International Criminal Court, which has recently been the subject of decisions of the Hague District Court and of the European Court of Human Rights. These two courts disagree on the threshold at which the human rights issues engaged by the situation are brought under the jurisdiction of the Netherlands. This article submits that the European Court in Djokaba Lambi Longa v. The Netherlands set the threshold for jurisdiction under the Convention too high. In applying easily distinguishable previous case law, and failing to take into account all relevant facts, the Court's finding of inadmissibility is unconvincing. The Dutch Court, on the other hand, took a broader approach from which the European Court of Human Rights could learn. Ultimately the two decisions give contrasting interpretations of the relationship between the ICC and its host state, which could have wider ramifications.

Human Rights at the International Criminal Court: Testing the Limits of Judicial Discretion

2017 ◽  
Vol 86 (1) ◽  
pp. 68-90 ◽  
Author(s):  
Marina Aksenova
Keyword(s):  
Human Rights ◽  
International Criminal Court ◽  
International Criminal ◽  
Criminal Court ◽  
International Criminal Law ◽  
Specific Reference ◽  
Judicial Discretion ◽  
Human Rights Protection ◽  
Rights Protection ◽  
The Relationship

The future of the International Criminal Court (icc) is uncertain. The system established by the Rome Statute of the icc ensures that priority is given to domestic prosecutions, while at the same time, it imbues international values into national systems. The approach of the Court to the rights of the accused and victims’ rights poses challenges. In the Al Senussi complementarity decision, the icc refused to act as a human rights court and rendered the case inadmissible, notwithstanding the death penalty threatening the accused if tried in Libya. Does the same reasoning hold true in other circumstances? The article explores the relationship between human rights law and international criminal law with specific reference to the principle of complementarity and argues that judicial discretion is central in the assessment of the degree of human rights protection at the icc.

scholarly journals Human Rights Norm Diffusion in Southeast Asia

2018 ◽  
Vol 2 (1) ◽  
pp. 248
Author(s):  
Stanati Netipatalachoochote ◽  
Prof.Dr. Ronald Holzhacker ◽  
Prof.Dr. Aurelia Colombi Ciacchi
Keyword(s):  
Human Rights ◽  
Civil Society ◽  
Southeast Asia ◽  
International Criminal Court ◽  
International Criminal ◽  
The Philippines ◽  
Criminal Court ◽  
Civil Society Organizations ◽  
Human Rights Violations ◽  
Extrajudicial Killing

Abstract Civil Society Organizations (CSOs) have played an increasingly vocal role in their struggle to advance both human rights protection and promotion in Southeast Asian countries. Most notably, CSOs have become a more important actor in dealing with human rights issues in particular by virtue of their role in drawing attention to human rights violations. In the case of massive human rights violations happening in Southeast Asia, CSOs pursue various strategies to address and try to end such abuses. Spreading information of human rights violations occurring in each member state to regional peers, and then finding new allies such as international organizations to put pressure back to human rights-violating states, in what is characterized as a dynamic of the boomerang model, one of the prominent strategies CSOs use to relieve human rights violations. Another strategy recently observed involves CSOs reaching out to powerful judicial institutions whose decisions can be legally binding on a violating state. Spreding This paper applies the boomerang model theory to the efforts of CSOs, specifically with respect to their work in helping to end the extrajudicial killing of drug dealers in the Philippines during President Duterte’s tenure, to display how the dynamics of the boomerang model works and what this strategy has achieved in terms of ending the extrajudicial killings. Beyond the boomerang model, this paper further demonstrates the strategy of CSOs in reaching out directly to powerful judicial institutions, in this case the International Criminal Court (ICC). The paper discusses why CSOs pursued this strategy of reaching out to the ICC, bypassing the region’s human rights institution—the ASEAN Intergovernmental Commission on Human Rights (AICHR). Keywords: Civil Society Organizations (CSOs); Extrajudicial Killing in the Philippines; The International Criminal Court (ICC). (A previous version of this paper was presented at the 14th Asian Law Institute (ASLI) Conference hosted by the University of Philippines, College of Law (UP) in 19 May 2017. We would like to thank the commentators and the audience for their questions and comments on the paper.)

ACCIDENT AND DESIGN: RECOGNISING VICTIMS OF AGGRESSION IN INTERNATIONAL LAW

2021 ◽  
Vol 70 (1) ◽  
pp. 103-132
Author(s):  
Shane Darcy
Keyword(s):  
Human Rights ◽  
United Nations ◽  
International Law ◽  
International Criminal Court ◽  
International Criminal ◽  
Criminal Court ◽  
Future Application ◽  
Political Rights ◽  
Recent Developments ◽  
Civil And Political Rights

AbstractInternational law has not traditionally recognised individuals as victims of the crime of aggression. Recent developments may precipitate a departure from this approach. The activation of the jurisdiction of the International Criminal Court over the crime of aggression opens the way for the future application of the Court's regime of victim participation and reparation in the context of prosecutions for this crime. The determination by the United Nations Human Rights Committee in General Comment No. 36 that any deprivation of life resulting from an act of aggression violates Article 6 of the International Covenant on Civil and Political Rights serves to recognise a previously overlooked class of victims. This article explores these recent developments, by discussing their background, meaning and implications for international law and the rights of victims.

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