scholarly journals The United Nations Security Council Sanctions and International Human Rights

ICL Journal ◽  
2016 ◽  
Vol 10 (3) ◽  
Author(s):  
Irène Couzigou
Keyword(s):  
Human Rights ◽  
United Nations ◽  
International Law ◽  
Security Council ◽  
United Nations Security Council ◽  
International Human Rights ◽  
International Human ◽  
The United Nations ◽  
Human Rights Standards ◽  
United Nations Charter

AbstractThis article assesses whether the United Nations Security Council must respect human rights under international law when acting under Chapter VII of the United Nations Charter. It argues that the Security Council has to respect human rights enshrined in those human rights treaties drawn up under the United Nations’ auspices and in non-peremptory customary international law, when this is not incompatible with the Security Council’s objective of maintaining or restoring international peace and security. The analysis also argues however that the Security Council must comply with peremptory international human rights, with no exception. The paper concludes that Chapter VII action by the Security Council is limited only to a small extent by international human rights standards.

The United Nations and Human Rights

1997 ◽  
Vol 25 (1-3) ◽  
pp. 17-34
Author(s):  
Gudmundur Alfredsson
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Technical Assistance ◽  
International Human Rights ◽  
Governmental Organization ◽  
Fundamental Freedoms ◽  
International Human ◽  
The United Nations ◽  
Human Rights Standards ◽  
Rights Issues

International cooperation for the promotion and encouragement of human rights and fundamental freedoms is one of the very purposes of the United Nations, according to article 1 of the Organization's Charter. The mandate is clear. In order to live up to this purpose, much work has been undertaken by establishing international human rights standards and by encouraging and persuading states to comply with these same standards.This presentation, by way of an overview, briefly describes the international human rights instruments and the classification and contents of the standards contained therein. The methods employed by the United Nations and non-governmental organization (NGOs) for the realization of the standards are also outlined, including monitoring procedures, technical assistance and other activities concerned with the protection and promotion of human rights. Finally, the presentation identifies UN institutions where human rights issues and procedures are debated and decided upon.

Implementing Decisions of International Human Rights Institutions – Evidence from the United Nations Human Rights Committee

2019 ◽  
Vol 30 (3) ◽  
pp. 753-777
Author(s):  
Vera Shikhelman
Keyword(s):  
Human Rights ◽  
United Nations ◽  
International Law ◽  
The State ◽  
International Human Rights ◽  
Human Rights Protection ◽  
Rights Protection ◽  
International Human ◽  
The United Nations ◽  
Internal Capacity

Abstract In recent years, there has been an increasing amount of research about the implementation of international law. However, there has been almost no empirical research about implementing decisions of international human rights institutions. The decisions of those institutions are usually regarded as soft law, and states do not have a clear legal obligation to implement them. In this article, I bring original empirical data about how and when states implement decisions of the United Nations Human Rights Committee (HRC) in individual communications. I hypothesize that the following factors influence the readiness of states to implement the views of the HRC: (i) the level of democracy and human rights protection in the state; (ii) internal capacity; (iii) strength of civil society; (iv) type of remedy; (v) representation on the HRC; (6) subject matter of the communication. I find that the most important factor for implementing remedies granted by the Committee is the high human rights score of the state. The internal capacity of the state is also significant but to a lesser extent than found in previous studies. Also, I find a certain connection between the state being represented on the HRC and its willingness to implement the remedies.

scholarly journals THE UNITED NATIONS SECURITY COUNCIL RESOLUTION ON SANCTIONS TOWARDS INDIVIDUAL FROM THE PERSPECTIVE OF INTERNATIONAL LAW

2019 ◽  
Vol 3 (2) ◽  
pp. 202-218
Author(s):  
Jessica Priscilla Suri
Keyword(s):  
Human Rights ◽  
United Nations ◽  
International Law ◽  
Security Council ◽  
United Nations Security Council ◽  
Islamic State ◽  
International Peace ◽  
Member States ◽  
Peace And Security ◽  
The United Nations

AbstractThe United Nations Security Council (SC) holds the primary responsibility to maintain international peace and security as stipulated in Article 24 of the United Nations Charter (UN Charter). The emergence of international terrorism as a threat to international peace and security encourages the SC to impose sanctions in the form of assets freeze, travel ban and arms embargo towards targeted individuals through the SC Resolutions on Taliban, Al-Qaida and the Islamic State of Iraq and the Levant (ISIL). However, the implementation of UN targeted sanctions towards individuals has been violating the targeted individual’s human rights to property, rights of movement, rights to privacy, honor and reputation, and also the rights to a fair trial. This article will explain about the legitimation of the SC Resolutions in imposing sanction towards an individual, and the obligation of UN member states towards the SC resolution that imposes sanctions against its citizen. The violations of human rights stemming from the implementation of SC Resolutions on sanction towards individuals indicate that the resolutions have been adopted beyond the limits of international law. Therefore this condition makes the resolutions lost its legitimacy under international law. In accordance with Article 25 and 103 of the UN Charter, all member states have an obligation to accept, carry on and give priority to the obligation originating from the SC Resolution including to implement the sanction measures towards individuals. Nevertheless, member states must accommodate and harmonize its obligations in respecting, protecting and fulfilling all the individuals’ rights who are targeted by the SC along with its obligation to the SC Resolutions. Keywords: Human Rights, Sanction towards Individuals, United Nations Security Council.AbstrakDewan Keamanan Perserikatan Bangsa-Bangsa (DK) memiliki tanggungjawab utama untuk menjaga perdamaian dan keamanan internasional berdasarkan Pasal 24 Piagam PBB. Munculnya terorisme internasional sebagai ancaman terhadap perdamaian dan keamanan internasional mendorong DK untuk menjatuhkan sanksi berupa pembekuan aset, pelarangan perjalanan serta embargo senjata kepada individu yang ditargetkan melalui rezim Resolusi Taliban, Al-Qaida dan Islamic State of Iraq and the Levant (ISIL). Dalam penerapannya penjatuhan sanksi tersebut menimbulkan pelanggaran Hak Asasi Manusia (HAM) yaitu hak terhadap properti, hak kebebasan berpindah, hak atas privasi, kehormatan dan reputasi serta hak atas proses pengadilan yang adil. Pelanggaran HAM tersebut memunculkan tujuan dilakukannya penulisan artikel ini yaitu untuk menunjukan mengenai legitimasi resolusi DK yang menjatuhkan sanksi kepada individu, serta memaparkan mengenai kewajiban negara anggota PBB terhadap resolusi DK yang menjatuhkan sanksi kepada warga negaranya. Pelanggaran HAM yang disebabkan oleh penerapan penjatuhan sanksi terhadap individu mengindikasikan bahwa resolusi yang mendasari penjatuhan sanksi tersebut diadopsi dengan melampaui batasan-batasan penjatuhan sanksi DK dan telah kehilangan legitimasinya menurut hukum internasional. Sehingga meskipun negara memiliki kewajiban berdasarkan Pasal 25 dan 103 Piagam PBB untuk tetap menerima, melaksanakan dan mengutamakan kewajibannya berdasarkan Resolusi DK yang menjatuhkan sanksi terhadap individu, negara tetap harus mengakomodir dan mengharmonisasikan kewajibannya dalam menghormati, melindungi dan memenuhi HAM individu yang dijatuhkan sanksi saat melaksanakan kewajibannya yang berasal dari Resolusi DK. Kata Kunci: Dewan Keamanan Perserikatan Bangsa-Bangsa, Hak Asasi Manusia, Sanksi terhadap Individu

The Idea of International Human Rights Law

2019 ◽  
pp. 189-204
Author(s):  
Steven Wheatley
Keyword(s):  
Human Rights ◽  
United Nations ◽  
International Law ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Legal Practice ◽  
International Human Rights ◽  
Moral Concept ◽  
International Human ◽  
The United Nations

Chapter 7 summarizes and clarifies the argument in the book, explaining the distinctive nature of International Human Rights Law. It reminds us that states invented human rights in 1945 with the inauguration of the United Nations Charter. They explained the meaning of the term ‘human rights’ three years later with the adoption of the Universal Declaration of Human Rights, although the concept evolved in a radically different direction than originally expected as states responded to events in apartheid southern Africa. The central insight of this final chapter is that the moral concept of human rights, which emerges from the legal practice, then influences the legal practice. We see this with the introduction, without debate, of the system of Universal Periodic Review, in the pro homine approach to the interpretation of human rights treaties, and in the modern methodology for customary international law formation, which looks first to the communication acts of the United Nations General Assembly. The book concludes by showing how the influence of the idea of human rights on the legal practices can explain the fragmentation of international law and, relatedly, the special nature of International Human Rights Law.

Thinking globally, acting locally? The women’s sector, international human rights mechanisms and politics in Northern Ireland

Politics ◽  
2016 ◽  
Vol 37 (1) ◽  
pp. 82-96 ◽  
Author(s):  
Jennifer Thomson
Keyword(s):  
Human Rights ◽  
Northern Ireland ◽  
United Nations ◽  
Policy Change ◽  
Security Council ◽  
United Nations Security Council ◽  
Security Council Resolution ◽  
Local Context ◽  
International Human Rights ◽  
International Human

Literature considering international human rights mechanisms stresses that they have the best chance of success when they are closest to ideas which already exist within national contexts. Research which addresses women’s human rights bodies, such as the Convention Against All Forms of Discrimination Against Women (CEDAW) and United Nations Security Council Resolution 1325 (UNSCR 1325), argues that they function best when reinterpreted to fit the local context. Yet, situations where this domestic norm translation is occurring, but policy change is not achieved, have received little consideration. Why do some contexts, even where norm translation occurs, resist policy change? This article examines Northern Ireland, where these women’s rights bodies are used extensively in the women’s sector, but where change has not occurred. It argues that norm translation is not the only important factor, and that a greater consideration of local political structures is needed in order to more fully explain policy resistance.

The United Nations Commission on Human Rights

2020 ◽  
Author(s):  
Pace John P
Keyword(s):  
Human Rights ◽  
United Nations ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
High Commissioner ◽  
International Human ◽  
The United Nations ◽  
Human Rights Standards ◽  
Complete Account

This book provides the most complete account to date of the UN human rights programme, both in substance and in chronological breadth. The author worked at the heart of this programme for over thirty years, including as the Secretary of the Commission on Human Rights, and Coordinator of the World Conference on Human Rights, which took place in Vienna in 1993. The book traces the issues taken up by the Commission after its launch in 1946, and the methods undertaken to enhance absorption and domestication of international human rights standards. It lays out the special procedures carried out by the United Nations, and the emergence of international human rights law. It then turns to the establishment of the Office of the High Commissioner for Human Rights and the mainstreaming of human rights across the UN system, eventually leading to the establishment of the Human Rights Council to replace the Commission in 2006. Many of the problems we face today, including conflict, poverty and environmental issues, have their roots in human rights problems. This book identifies what has been done at the international level in the past, and points towards what still needs to be done for the future.

scholarly journals International Law, COVID-19 and Feminist Engagement with the United Nations Security Council: The End of the Affair?

2020 ◽  
Vol 28 (3) ◽  
pp. 321-328
Author(s):  
Catherine O’Rourke
Keyword(s):  
United Nations ◽  
International Law ◽  
Security Council ◽  
United Nations Security Council ◽  
Care Work ◽  
Gender Based Violence ◽  
Seminal Contribution ◽  
The Everyday ◽  
The United Nations ◽  
Gender Based

AbstractThe gendered implications of COVID-19, in particular in terms of gender-based violence and the gendered division of care work, have secured some prominence, and ignited discussion about prospects for a ‘feminist recovery’. In international law terms, feminist calls for a response to the pandemic have privileged the United Nations Security Council (UNSC), conditioned—I argue—by two decades of the pursuit of the Women, Peace and Security (WPS) agenda through the UNSC. The deficiencies of the UNSC response, as characterised by the Resolution 2532 adopted to address the pandemic, manifest yet again the identified deficiencies of the WPS agenda at the UNSC, namely fragmentation, securitisation, efficacy and legitimacy. What Resolution 2532 does bring, however, is new clarity about the underlying reasons for the repeated and enduring nature of these deficiencies at the UNSC. Specifically, the COVID-19 ‘crisis’ is powerful in exposing the deficiencies of the crisis framework in which the UNSC operates. My reflections draw on insights from Hilary Charlesworth’s seminal contribution ‘International Law: A Discipline of Crisis’ to argue that, instead of conceding the ‘crisis’ framework to the pandemic by prioritising the UNSC, a ‘feminist recovery’ must instead follow Charlesworth’s exhortation to refocus on an international law of the everyday.

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