(The extent to which interference in internal affairs for humanitarian reasons, affected the principle of sovereignty (A study of jurisprudence in the light of contemporary international law: مدى تأثير التدخل في الشؤون الداخلية لدواعي إنسانية على مبدأ السيادة (دراسة فقهية في ضوء القانون الدولي المعاصر)

This research paper explored the effect of interference in internal affairs for humanitarian purposes on sovereignty principle (Jurisprudence study according to contemporary international law). The research problem was the existence of a right for states and international organizations to monitor and enforce respect of human rights to ensure that weather the transaction is legal or not. The research significance is to explore to what extent international interference for humanitarian purposes affects sovereignty principle considering that humanitarian interference conflicts with some international legal systems and has reflects on sovereignty principle like the principle of noninterference in internal affairs, the princely of equality in sovereignty, and the principle of restricting power usage or threating to use it, which included in the UN character. The study aimed at exploring the legal effects of International interference for humanitarian purposes on the sovereignty principle, and on the principle of noninterference in internal affairs according to the international contemporary law. The researcher adopted the descriptive, analytical, inductive and historical approaches. The researcher concluded to find that human rights are part of the international commitments and are not internal affair which restricts states and international organizations to monitor, because monitoring is the core of the state commitment to apply these conventions. Human rights principles according to contemporary legal aspects adopted by the UN became an international issue not internal, and that depends on considerations related to public interest. The researcher recommended states to put international conventions and declarations related to human rights into execution in order not make it a justification as internal affairs when it has been interfered. He also recommended to consider any interference without the UN acceptance or under its control as illegal, and to consider it as aggressive transaction according to UN character and according to Rome statute which established the ICC.

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The Obligation to Afford Reparation to Injured Individuals

10.1093/oso/9780198808442.003.0004 ◽

2017 ◽

Author(s):

Carla Ferstman

Keyword(s):

Human Rights ◽

International Law ◽

International Organizations ◽

International Humanitarian Law ◽

Humanitarian Law ◽

Human Rights Treaties ◽

The Law ◽

The Right ◽

Right Of Access ◽

The Relationship

This chapter considers the consequences of breaches of human rights and international humanitarian law for the responsible international organizations. It concentrates on the obligations owed to injured individuals. The obligation to make reparation arises automatically from a finding of responsibility and is an obligation of result. I analyse who has this obligation, to whom it is owed, and what it entails. I also consider the right of individuals to procedures by which they may vindicate their right to a remedy and the right of access to a court that may be implied from certain human rights treaties. In tandem, I consider the relationship between those obligations and individuals’ rights under international law. An overarching issue is how the law of responsibility intersects with the specialized regimes of human rights and international humanitarian law and particularly, their application to individuals.

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Recognized and Violated by International Law: The Human Rights of the Global Poor

Leiden Journal of International Law ◽

10.1017/s0922156505002980 ◽

2005 ◽

Vol 18 (4) ◽

pp. 717-745 ◽

Cited By ~ 44

Author(s):

THOMAS POGGE

Keyword(s):

Human Rights ◽

Civil Rights ◽

International Law ◽

World Bank ◽

International Organizations ◽

Human Beings ◽

Customary International Law ◽

The World Bank ◽

Institutional Structures ◽

The World

Various human rights are widely recognized in codified and customary international law. These human rights promise all human beings protection against specific severe harms that might be inflicted on them domestically or by foreigners. Yet international law also establishes and maintains institutional structures that greatly contribute to violations of these human rights: fundamental components of international law systematically obstruct the aspirations of poor populations for democratic self-government, civil rights, and minimal economic sufficiency. And central international organizations, such as the WTO, the IMF, and the World Bank, are designed so that they systematically contribute to the persistence of severe poverty.

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Brexit and the International Law Prohibitions on the Loss of eu Citizenship

International Organizations Law Review ◽

10.1163/15723747-01502005 ◽

2018 ◽

Vol 15 (2) ◽

pp. 341-363 ◽

Cited By ~ 1

Author(s):

William Thomas Worster

Keyword(s):

Human Rights ◽

International Law ◽

International Organizations ◽

The Status ◽

The Law

This submission challenges the presumption that uk nationals will lose eu citizenship following Brexit. Until now, the dominant narrative has been drawn from the law on treaties or international organizations, and this article adds the human rights perspective to Brexit. Firstly, eu citizenship can be assimilated to nationality. While eu citizenship is unique, the status protected under international law is a legal bond a person has with a political entity. This protection certainly covers nationality, and this paper argues it can be understood to also protect eu citizenship. Secondly, international law prohibits arbitrary withdrawal of this legal bond with a person. The uk does not have jurisdiction over eu citizenship, so it is doubtful the uk can terminate eu citizenship unilaterally. Even if the eu were to withdraw eu citizenship on its initiative, it would still constitute retroactive law, discrimination, and infringement of sovereignty. It is also disproportionate, because the loss of eu citizenship is not necessary for Brexit. When Greenland withdrew from the eu, its residents retained eu citizenship. For these reasons, the revocation of eu citizenship would be arbitrary. A distinction must be made between the membership of a state in the eu which can be terminated, and the direct legal bond formed between a person and the Union, which is far harder to revoke. On this basis, any uk national who has acquired eu citizenship prior to Brexit, should not be divested of it following Brexit.

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Human Rights Violations before International Tribunals: Reflections onResponsibility of International Organizations

Leiden Journal of International Law ◽

10.1017/s0922156507004281 ◽

2007 ◽

Vol 20 (3) ◽

pp. 613-636 ◽

Cited By ~ 2

Author(s):

GUIDO ACQUAVIVA

Keyword(s):

Human Rights ◽

International Law ◽

International Organizations ◽

Ad Hoc ◽

Parent Body ◽

Human Rights Violations ◽

Parallel Processes ◽

Un Security Council ◽

International Responsibility ◽

International Law Commission

The UN Security Council, as ‘parent body’ of the two ad hoc Tribunals, never introduced explicit rules on how to compensate accused persons for violations of their rights imputable to the Tribunals' organs. Notwithstanding the absence of such rules, a series of decisions by ICTYand ICTR chambers show the willingness of these institutions to address such violations when they occur. In doing so, the Tribunals appear to have followed some of the same principles on responsibility of international organizations as are being elaborated by the International Law Commission (ILC). By analysing these parallel processes, the author suggests that the elaboration of rules by the ad hoc Tribunals in the field of human rights violations and the codification by the ILC of rules on international responsibility, although distinct in aim and scope, might mutually benefit each other andshed some light on the difficulties of applying such principles in practice.

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Ordre du droit et droit de l'ordre

Les Cahiers de droit ◽

10.7202/042838ar ◽

2005 ◽

Vol 28 (3) ◽

pp. 699-729

Author(s):

Jacques Zylberberg

Keyword(s):

Human Rights ◽

United Nations ◽

International Law ◽

Rule Of Law ◽

International Organizations ◽

The State ◽

Political Rights ◽

Sovereign State ◽

The Rule Of Law ◽

Civil And Political Rights

This essay undertakes a review of national and international law to demonstrate that law is mainly an ideological and variable instrument of the State and of the United Nations, which is a by-product of the states. In this perspective, the author opposes the pragmatical ideology of resistance against the sovereign state to the juridical legitimation and the behaviour of the States who reluctantly have conceded some civil and political rights. Those rights are endangered by the growing bureaucratization of the state, the inflation of the juridical norms and rules, in addition to the permanent repressive characters of the State. The criticism of the contradiction and the variation of the rule of law when it relates to "human rights" is also extended to international law as well as to the international organizations.

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Scope of State Responsibility Against Terrorism in International Law Perspective; Indonesian Cases

JURNAL CITA HUKUM ◽

10.15408/jch.v2i1.1841 ◽

2015 ◽

Vol 3 (1) ◽

Author(s):

Dian Purwaningrum Soemitro ◽

Indra Wahyu Pratama

Keyword(s):

Human Rights ◽

Criminal Justice ◽

International Law ◽

The State ◽

Responsibility To Protect ◽

State Responsibility ◽

Criminal Offence ◽

Foreign Nationals ◽

Global Terrorism ◽

International Conventions

Abstract: Scope of State Responsibility Against Terrorism in International Law Perspective; Indonesian Cases. The emergence of global terrorism cases within more than a decade, marked by the tragedy of 9/11, making the issue of it being a big problem. The State as one of the subjects of International Law, into the spotlight. One of the problems that developed was the extent of the responsibility of the State towards acts of terrorism that occurred in the region of his sovereignty, which caused casualties both its own citizens or foreign nationals. In the case of terrorism that happened in Indonesia, the State's responsibility to the International Conventions implementation are very insufficient and the efforts from the country by creating a system of criminal justice to the criminal offence of terrorism has not been a maximum. There should be an obligation of the internationally imposed on it. The problem is if the terrorism was occurred will be submitted to the International Law are likely to be open to foreigners intervention. This is of course contrary to the principles of International Law. However, in the development of International Law as it has evolved in the Principle of the Responsibility to Protect and that should be accepted by any countries in order to attract the embodiment of the country against the security and Human Rights Abstrak: Lingkup Pertanggungjawaban Negara Terhadap Terorisme dalam Perspektif Hukum Internasional pada Kasus Indonesia. Munculnya kasus terorisme global dalam satu dekade, ditandai dengan tragedi 9/11 yang menjadi masalah besar. Salah satu masalah yang berkembang adalah sejauh mana tanggung jawab negara terhadap aksi terorisme yang terjadi di wilayah kedaulatannya, yang menyebabkan timbulnya korban, baik warga negaranya sendiri atau warga negara asing. Dalam kasus terorisme yang terjadi di Indonesia, pertanggungjawaban negara terlihat dalam pelaksanaan Konvensi Internasional dan upaya menciptakan sistem peradilan pidana bagi pelaku tindak pidana terorisme. Jika permasalahan terorisme diserahkan kepada Hukum Internasional, maka cenderung akan membuka intervensi asing. Hal ini tentu saja bertentangan dengan prinsip-prinsip Hukum Internasional. Namun, dalam perkembangan Hukum Internasional telah berevolusi dalam Prinsip Tanggung Jawab untuk melindungi, selain adanya keharusan setiap negara untuk menjaga keamanan dan Hak Asasi Manusia DOI: 10.15408/jch.v2i1.1841

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The Phenomena of Fragmentation in the Legal Relations between the Council of Europe and the European Union

Visnyk of the Lviv University Series International Relations ◽

10.30970/vir.2020.48.0.10399 ◽

2020 ◽

Author(s):

Viktoriya Kuzma

Keyword(s):

European Union ◽

Human Rights ◽

International Law ◽

International Organizations ◽

The European Union ◽

Council Of Europe ◽

European Continent ◽

Court Of Justice ◽

European Court ◽

The Law

This article presents the current issues in the law of international organizations and contemporary international law in general. It is pointed out that the division of international law into branches and institutions, in order to ensure the effective legal regulation of new spheres of relations, led to the emergence of autonomous legal regimes, even within one region, namely on the European continent. To date, these include European Union law and Council of Europe law. It is emphasized the features of the established legal relations between the Council of Europe and the European Union at the present stage. It is determined that, along with close cooperation between regional organizations, there is a phenomenon of fragmentation, which is accompanied by the creation of two legal regimes within the same regional subsystem, proliferation of the international legal norms, institutions, spheres and conflicts of jurisdiction between the European Court of Human Rights and the Court of Justice of the European Union. It is revealed that some aspects of fragmentation can be observed from the moment of establishing relations between the Council of Europe and the European Union, up to the modern dynamics of the functioning of the system of law of international organizations, the law of international treaties, law of human rights. Areas and types of fragmentation in relations between international intergovernmental organizations of the European continent are distinguished. One way to overcome the consequences of fragmentation in the field of human rights is highlighted, namely through the accession of the European Union to the Convention on Human Rights and Fundamental Freedoms 1950. Considerable attention has also been paid to defragmentation, which is partly reflected in the participation of the European Union in the Council of Europe’s conventions by the applying «disconnection clause». It is determined that the legal relations established between an international intergovernmental organization of the traditional type and the integration association sui generis, the CoE and the EU, but with the presence of phenomenon of fragmentation in a close strategic partnership, do not diminish their joint contribution into the development of the law of international organizations and contemporary international law in general. Key words: defragmentation; European Union; European Court of Human Rights; Convention on Human Rights and Fundamental Freedoms 1950; conflict of jurisdictions; «disconnection clause»; Council of Europe; Court of Justice of the European Union; fragmentation; sui generis.

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PERLINDUNGAN HAM PEKERJA MIGRAN: KAJIAN NORMATIF KEWAJIBAN INDONESIA BERDASAR PRINSIP-PRINSIP DAN NORMA-NORMA HUKUM INTERNASIONAL

Yustisia Jurnal Hukum ◽

10.20961/yustisia.v2i1.11082 ◽

2013 ◽

Vol 2 (1) ◽

Author(s):

Sri Lestari Rahayu ◽

Siti Muslimah ◽

Sasmini ,

Keyword(s):

Human Rights ◽

United Nations ◽

International Law ◽

Migrant Workers ◽

Legal Argumentation ◽

Customary International Law ◽

Legal Principles ◽

Protection Of Human Rights ◽

United Nations Convention ◽

International Conventions

AbstractThis research is conducted to get a legal argumentation related to responsibility of Indonesia on protection of its citizen, especially migrant workers. The question will be answered by determining the norms and principles that underlie Indonesia in protecting the human rights of its citizens. The sources of this research are international conventions, customary international law, doctrine, legal instruments in Indonesia and some of publications concerning the state responsibility to protect migrant workers. The legal sources collected by study documentation are analyzed by interpretation and content analysis. The results show that the general legal principles in which become basic of Indonesia associated with its obligation to provide protection of human rights of women migrant workers are based on the principle of nationality/citizenship of Indonesia, the principle of pacta sunt servanda, the principle of exhaustion of local remedies, the shift in meaning of the sovereignty principle and recognition principles theory of natural rights which inherent in every human being. While the norms are contained in the Migration for Employment Convention (Revised), 1949 (No. 97), the Convention on Migrant Workers (Supplementary Provisions), 1975 (No. 143), United Nations Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families 1990.Key words: human rights, migrant workers, obligations, international lawAbstrakPenelitian ini dilakukan untuk memperolah gambaran yang lebih mendalam mengenai tanggung jawab Negara Indonesia dalam memberikan perlindungan terhadap hak-hak warga negaranya, khususnya pekerja migran. Penulis mencoba menjawab permasalahan tersebut dari sisi normatif yaitu dengan mendasarkan pada norma-norma dan prinsip-prinsip yang mewajibkan setiap negara termasuk Indone- sia untuk melindungi hak asasi warga negaranya. Bahan penelitian yang digunakan meliputi perjanjian- perjanjian internasional, doktrin, hukum kebiasaan internasional, peraturan perundang-undangan di Indonesia, serta beberapa publikasi yang terkait dengan kewajiban negara atas perlindungan pekerja migran. Bahan hukum yang dikumpulkan melalui studi dokumen selanjutnya dianalisis melalui interpretasi teks dan analisis isi. Hasil pembahasan menunjukkan bahwa prinsip-prinsip hukum umum yang menjadi dasar Indonesia terkait dengan kewajibannya untuk memberikan perlindungan HAM pekerja migran didasarkan pada prinsip nasionalitas, prinsip pacta sunt servanda, prinsip exhaustion of local remedies, pergeresan makna prinsip kedaulatan dan diakuinya prinsip teori hak-hak kodrati yang melekat dalam diri setiap manusia. Sedangkan norma-normanya terdapat dalam Konvensi Migrasi untuk Pekerjaan (Revisi), 1949 (No. 97), Konvensi Pekerja Migran (Ketentuan-Ketentuan Tambahan), 1975 (No. 143), United Nations Convention on The Protection of The Rights of All Migran Workers and Member of Their Families tahun 1990.Kata kunci: hak asasi manusia (HAM), pekerja migran, kewajiban, hukum internasional

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Human Rights and International Humanitarian Law Breaches Attributable to International Organizations

10.1093/oso/9780198808442.003.0003 ◽

2017 ◽

Author(s):

Carla Ferstman

Keyword(s):

Human Rights ◽

International Law ◽

International Organizations ◽

International Organization ◽

International Humanitarian Law ◽

Humanitarian Law ◽

Attribution Of Responsibility

The chapter considers how to determine whether a particular internationally wrongful act is attributable to an international organization, or another actor under international law. It considers the circumstances in which international organizations may breach the human rights and international humanitarian law obligations that they are bound to respect and incur liability in the case of a breach. It also considers when the conduct amounting to a breach is an act of the organization for the purposes of assigning responsibility. It analyses the framework for the attribution of responsibility set out in the Draft Articles on the Responsibility of International Organizations.

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International Organizations and the Fight for Accountability

10.1093/oso/9780198808442.001.0001 ◽

2017 ◽

Cited By ~ 3

Author(s):

Carla Ferstman

Keyword(s):

Human Rights ◽

International Law ◽

International Organizations ◽

International Humanitarian Law ◽

Humanitarian Law ◽

Progressive Development ◽

The Law

This book is concerned with reparation for human rights and international humanitarian law breaches committed by or attributed to international organizations. These breaches constitute internationally wrongful acts which, according to the International Law Commission’s Draft articles on the responsibility of international organizations, give rise to an obligation on the offending organization to afford reparation. However, in practice, the obligation to afford reparation is unimplemented. The book explores why this is. It considers how the law of responsibility intersects with the specialized regimes of human rights and international humanitarian law and, particularly, their application to remedies and reparation owed to individuals. It reviews the various gaps in the law and the limitations of existing redress mechanisms. The book analyses the cogency of the arguments and rationales that have been used by international organizations to limit their liability and the scope and functioning of redress mechanisms, included by the resort to lex specialis principles. It is postulated that the standards of reparation must be drawn from the nature of the breach and the resulting harms and not by who is responsible for the breach. In this respect the book is an exercise in the progressive development of the law. Having determined that existing redress mechanisms cannot afford adequate or effective remedies and reparation, the book explores how to move towards a model that achieves greater compliance.

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