Smuggling of Human Beings from a Human Rights Perspective: Obligations of Non-State and State Actors under International Human Rights Law

2005 ◽  
Vol 17 (2) ◽  
pp. 394-415 ◽  
Author(s):  
T. Obokata
2017 ◽  
Vol 12 (2) ◽  
Author(s):  
Eyassu Gayim

Laws regulate conducts by responding to social and political requirements. This holds true for the law of nations as well. Contemporary international law follows two separate tracks when it comes to regulating human rights and humanitarian questions. If international human rights law and international humanitarian law are intended to protect the dignity and worth of human beings, as it is often said, why follow separate tracks? Does humanity really exist? If it does, how does it relate to human rights? If the two are distinct, where do they converge? This article highlights these questions by revisiting the contours of international law.


Author(s):  
Féilim Ó hAdhmaill ◽  
Mike Ritchie

International Human Rights Law is supposed to operate at all times. However, during war/conflict it is often suspended to address an ‘emergency’. International Humanitarian Law attempts to deal with human rights protections during the specific circumstances of war. However, what happens when states refuse to recognise a conflict situation as a ‘war’? In a world where violent conflict increasingly involves non-state actors, where does that leave existing international human rights’ mechanisms? This chapter looks at the changing forms of conflict globally and the development of what has been termed ‘terrorism’. It critically assesses the concept of ‘terrorism’ and discusses the difficulties it poses for social science, universal human rights and the development of equality, stability and global peace.


2021 ◽  
Vol 1 (2) ◽  
pp. 112
Author(s):  
Bonaventura Pradana Suhendarto

Serious violations of human rights occurred in Indonesia despite Indonesia’s ratification of a number of international human rights law instruments. Victims, including their family and descendants, experiences suffering and loss. Still, there are many victims who haven’t received their rights until now. International law holds states accountable for the victims’ dignity as human beings. This research will examine the fulfillment of the rights of the victims in order to obtain effective and fair remedy and to analyze the application of international human rights law in Indonesia in order to fulfill the rights of the victims of serious violations of human rights. This research was conducted using a sociological juridical approach that collects and analyzes qualitative data. The result shows that the right to truth, the right to justice, the right to reparation and the guarantee of non-repetition are the forms of rights within the framework of transitional justice that must be given to the victims. These rights are interrelated, so they must be fulfilled thoroughly. Indonesia made real efforts to fulfill the rights by establishing a human rights court to resolve the cases of  Timor-Timur (East Timor), Tanjung Priok and Abepura. Another effort is made by establishing legal regulations. In fact, Indonesia only recognizes and regulates some rights. The existing legal regulations have not yet encouraged effective implementation, making them difficult to implement. It is necessary to evaluate and re-conceptualize existing legal regulations so that the rights of victims are fully recognized and easy to apply.


2011 ◽  
Vol 93 (881) ◽  
pp. 47-79 ◽  
Author(s):  
Annyssa Bellal ◽  
Gilles Giacca ◽  
Stuart Casey-Maslen

AbstractAn effective legal regime governing the actions of armed non-state actors in Afghanistan should encompass not only international humanitarian law but also international human rights law. While the applicability of Common Article 3 of the 1949 Geneva Conventions to the conflict is not controversial, how and to what extent Additional Protocol II applies is more difficult to assess, in particular in relation to the various armed actors operating in the country. The applicability of international human rights law to armed non-state actors – considered by the authors as important, particularly in Afghanistan – remains highly controversial. Nevertheless, its applicability to such actors exercising control over a population is slowly becoming more accepted. In addition, violations of peremptory norms of international law can also directly engage the legal responsibility of such groups.


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