The United Nations and Human Rights

2020 ◽  
Keyword(s):  
Human Rights ◽  
United Nations ◽  
International Court Of Justice ◽  
International Court ◽  
Wide Range ◽  
Human Rights Treaties ◽  
The United Nations ◽  
And Performance ◽  
The Relationship ◽  
Significant Attention

The very concept of human rights implies governmental accountability. To ensure that governments are held accountable for their treatment of citizens and others, the United Nations has established a wide range of mechanisms to monitor compliance, and to seek to prevent as well as respond to violations. The panoply of implementation measures that the UN has taken since 1945 has resulted in a diverse and complex set of institutional arrangements, the effectiveness of which varies widely. Inevitable instances of politicization and the hostile or ambivalent attitude of most governments has often endangered the fragile progress made on the more technical fronts. In addition, there are major problems of underfunding and insufficient expertise. The complexity of these arrangements and the difficulty in evaluating their impact makes a comprehensive guide of the type provided here all the more indispensable. This book critically examines the functions, procedures, and performance of each of the major UN organs dealing with human rights, including the Security Council and the International Court of Justice as well as the more specialized bodies monitoring the implementation of human rights treaties. Significant attention is devoted to the considerable efforts at reforming the UN’s human rights machinery, as illustrated most notably by the creation and operation of the Human Rights Council. The book also looks at the relationship between the various bodies and the potential for major reforms and restructuring.

The Relationship between the International Court of Justice and the Security Council in the Light of the Lockerbie Case

1994 ◽  
Vol 88 (4) ◽  
pp. 643-677 ◽  
Author(s):  
Vera Gowlland-Debbas
Keyword(s):  
United Nations ◽  
International Law ◽  
Security Council ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
The United Nations ◽  
United Nations Charter ◽  
The Relationship ◽  
The Way

The relationship between the International Court of Justice and the Security Council may be approached from the perspective of the United Nations Charter and the way it delimits competences between two principal UN organs and regulates the exercise of their concurrent powers. The Court, however, has a dual, ambivalent role. It is not only the principal judicial organ of the United Nations under Article 92 of the Charter; it is also an autonomous adjudicative body with the function, under Article 38 of its Statute, of applying international law to such disputes between states as are brought before it. Viewed in the light of Questions of Interpretation and Application of the 1971 Montreal Convention Arising from the Aerial Incident at Lockerbie, the relationship between the judicial and political organs raises some fundamental questions of general international law that go beyond UN constitutional issues.

scholarly journals Responsibility to Protect sebagai Bentuk Perlindungan Hak Asasi Manusia di ASEAN

Lentera Hukum ◽  
2018 ◽  
Vol 5 (1) ◽  
pp. 16
Author(s):  
Norilla Norilla ◽  
Eddy Mulyono
Keyword(s):  
Human Rights ◽  
United Nations ◽  
International Law ◽  
Security Council ◽  
Responsibility To Protect ◽  
Customary Law ◽  
International Court Of Justice ◽  
Intergovernmental Organization ◽  
International Court ◽  
The United Nations

Association of Southeast Asian Nations (ASEAN) established on August 8, 1967 still accords to the principle of non-intervention which has been arranged in the ASEAN Charter. This principle, however, has been debated among ASEAN members, specifically when it is dealt with human rights. While the instutionalization is one of ASEAN’s achievements, human rights become one of pivotal issues in Southeast Asia which subsequently raises questions on the commitment of ASEAN to support the Responsibility to protect at the Summit on 2005. This article revisits the responsibility to protect in international law which is accorded to international customary law of Article 38 paragraph (1) of the Statute of International Court of Justice (ICJ). By using legal research, this article asserts that the responsibility to protect is essentially applicable to be adopted by regional intergovernmental organization like ASEAN, though it was initially only adopted by the Security Council of the United Nations. But, the principle of non-intervention would be the primary barrier to applying it. Therefore, this article recommends to wielding power to the Security Council of the United Nations with respect to solving such problem at the ASEAN level with the following idea to include ASEAN as the UN member. Keywords: Responsibility to protect, Human Rights, ASEAN

5. The United Nations—organizational structure

2017 ◽  
Author(s):  
Rhona K. M. Smith
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Organizational Structure ◽  
General Assembly ◽  
International Human Rights ◽  
International Court Of Justice ◽  
Social Council ◽  
International Court ◽  
High Commissioner ◽  
The United Nations

This chapter examines the organizational structure of the United Nations, focusing on the principal entities impacting on, monitoring, and enforcing international human rights. These include the Security Council, the General Assembly, the International Court of Justice, the Economic and Social Council, the Human Rights Council, and the High Commissioner for Human Rights. The chapter explains the functions and responsibilities of these bodies, and highlights the financial and personnel constraints that negatively affect the performance of their duties. The UN treaty bodies will also be introduced.

19. United Nations

2017 ◽  
Author(s):  
Jane Connors
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Security Council ◽  
Secretary General ◽  
General Assembly ◽  
International Court Of Justice ◽  
Human Rights Council ◽  
International Court ◽  
High Commissioner ◽  
Human Rights Treaties

This chapter examines the work of the United Nations in the field of human rights. Particular attention is given to the Human Rights Council and its special procedures, as well as the treaty bodies that consider progress in the implementation of UN human rights treaties. In addition, the roles of the Office of the High Commissioner for Human Rights, the General Assembly, Security Council, Secretary-General, and International Court of Justice are considered.

UN INTERNATIONAL COURT PRACTICE: ACHIEVEMENTS AND CHALLENGES

2020 ◽  
Author(s):  
Мадина Алиевна Умарова
Keyword(s):  
United Nations ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
The United Nations ◽  
Court Practice

В статье анализируется практика Международного суда ООН, определяются проблемные аспекты его деятельности, обусловленные рядом проблем как правового, так и международного характера. The article analyzes the practice of the International Court of Justice of the United Nations, identifies the problematic aspects of its activities, due to a number of problems, both legal and international.

The United States Accepts Compulsory Jurisdiction

1946 ◽  
Vol 40 (4) ◽  
pp. 699-719 ◽  
Author(s):  
Francis O. Wilcox
Keyword(s):  
United States ◽  
United Nations ◽  
The United States ◽  
United States Senate ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
The United Nations ◽  
One Year ◽  
United Nations Charter

On August 2, 1946, the United States Senate approved the Morse resolution by the overwhelming vote of 62-2, thereby giving its advice and consent to the acceptance on the part of the United States of the compulsory jurisdiction of the International Court of Justice. It was the same Senate which, just one year and one week earlier, had cast a vote of 89-2 in favor of the United Nations Charter. On August 26 Herschel Johnson, acting United States representative on the Security Council, deposited President Truman’s declaration of adherence with the Secretary-General of the United Nations. At long last the United States assumed far-reaching obligations to submit its legal disputes to an international court.

scholarly journals Comment on the advisory opinion of the International Court of Justice on the legality of the threat to use nuclear weapons in 1996: التعليق على فتوى محكمة العدل الدولية في مدى مشروعية التهديد  باستخدام الأسلحة النووية عام 1996م

2020 ◽  
Vol 4 (13) ◽  
Author(s):  
Esam Elden Mohammed Ibrahim
Keyword(s):  
United Nations ◽  
Nuclear Weapons ◽  
Advisory Opinion ◽  
Humanitarian Law ◽  
International Peace ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
Peace And Security ◽  
The United Nations

The International Court of Justice had the opportunity to establish the principles of international humanitarian law and restrict the use or threat of nuclear weapons, on the occasion of its fatwa, on the legality of the threat or use of nuclear weapons at the request of the United Nations General Assembly, after realizing that the continued development of nuclear weapons exposes humanity to great risks, and its request It states, "Is the threat or use of nuclear weapons in any circumstance permissible under the rules of international law" (Atalm, 1996), (Shahab, 2000), Therefore, the comment seeks to answer the question: What is the legality of possession, production and development of nuclear weapons? What is the extent of the legality of the threat to use it in light of the advisory opinion of the International Court of Justice in this regard? Was the decision of the International Court of Justice in favor of documenting the principles of international humanitarian law and international human rights law? Or was it biased in its decision to the interests of a particular class itself? The researcher used in that descriptive, descriptive and critical analytical method, and the results that lead to criticism of the work of the International Court of Justice in this regard were reached on the premise that they tended towards tipping the political nature of the issue presented to it under the pressures and directions of the major nuclear states and this strengthens my criticism to the United Nations that I see It only works for the benefit of the major powers under the auspices of the Security Council by veto (right to veto) at a time when the Security Council itself is responsible for maintaining international peace and security, just as it can be said that the United Nations does not work for the benefit of mankind but works for the five major countries Even with regard to nuclear weapons Regardless of whether or not there was a threat to international peace and security. From this standpoint, the researcher reached several recommendations, the most important of which is the necessity of the independence of the International Court of Justice in its work from the political considerations of member states, especially the major countries, as a step to establish and support international peace and security in a practical way in practice. The United Nations should also reconsider what is known as a veto, which is and it is rightly one of the most important and most important measures that truly threaten international peace and security.

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