scholarly journals Legal Protection of Uighur Muslim Ethnics in China from Perspective Human Rights

2021 ◽  
Vol 6 (1) ◽  
pp. 26-40
Author(s):  
Endah Rantau Itasari
Keyword(s):  
Human Rights ◽  
International Law ◽  
Rome Statute ◽  
Legal Protection ◽  
Criminal Court ◽  
Universal Declaration ◽  
Human Rights Violations ◽  
International Court ◽  
Un Security Council ◽  
The Right

Legal protection of ethnic Uighurs in Xinjiang, China in the perspective of Human Rights and to find out and study the resolution of cases of gross international human rights violations against ethnic Uighurs in Xinjiang, China. Legal protection of ethnic Uighurs based on Article 3,4,5,9,10,11, Universal Declaration of Human Rights by providing protection in the form of protection of the right to life, rights to freedom, and the right to self-security, etc. which is regulated in international legal instruments. 2) gross human rights violations committed by the Xinjiang government, China are not justified by international law because they violate the provisions stipulated in the subsequent Universal Declaration of Human Rights for incidents of human rights violations, then the dispute resolution between the two parties is carried out by negotiation or mediation first first If this method is not effective, the UN Security Council can submit the case to an international court such as the International Criminal Court set out in article 1 of the 1998 Rome Statute.

scholarly journals Legal Protection Againts Violations of Human Rights That Abuse Uighur Ethnic Women in China

2021 ◽  
pp. 33-48
Author(s):  
Endah Rantau Itasari ◽  
Dewa Gede Sudika Mangku
Keyword(s):  
Human Rights ◽  
Legal Protection ◽  
Criminal Court ◽  
Universal Declaration ◽  
Human Rights Violations ◽  
International Human Rights ◽  
International Human ◽  
The Government ◽  
The Right ◽  
Settlement Of Disputes

The purpose of this research is to respect the legal protection of ethnic Uighur women in Xinjiang, China from the perspective of International Human Rights and to find out and study the resolution of cases of serious international human rights violations against ethnic Uighur women in Xinjiang, China. Legal protection for women of Uighur ethnicity is based on articles 3,4,5,9,10,11, the Universal Declaration of Human Rights, namely by providing protection in the form of protection of the right to life, the rights to freedom, and the right to personal security, and others that are regulated in international legal instruments. 2) Serious human rights violations committed by the government of Xinjiang, China are not justified by international law because they violate the provisions stipulated in the subsequent Universal Declaration of Human Rights for the incidents of human rights violations, so the settlement of disputes between the two parties is carried out by negotiation or mediation. first. If this method is not effective, the UN Security Council can submit the case to an international court such as the International Criminal Court as regulated in article 1 of the 1998 Rome Statute.

scholarly journals The Role of Parents in Optimizing Gadgets for Childrens Learning During the COVID-19 Pandemic

2021 ◽  
pp. 133-147
Author(s):  
Intan Nur Azizah
Keyword(s):  
Human Rights ◽  
Legal Protection ◽  
Criminal Court ◽  
Universal Declaration ◽  
Human Rights Violations ◽  
International Human Rights ◽  
International Human ◽  
The Government ◽  
Role Of Parents ◽  
The Right

The purpose of this research is to respect the legal protection of ethnic Uighur women in Xinjiang, China from the perspective of International Human Rights and to find out and study the resolution of cases of serious international human rights violations against ethnic Uighur women in Xinjiang, China. Legal protection for women of Uighur ethnicity is based on articles 3,4,5,9,10,11, the Universal Declaration of Human Rights, namely by providing protection in the form of protection of the right to life, the rights to freedom, and the right to personal security, and others that are regulated in international legal instruments. 2) Serious human rights violations committed by the government of Xinjiang, China are not justified by international law because they violate the provisions stipulated in the subsequent Universal Declaration of Human Rights for the incidents of human rights violations, so the settlement of disputes between the two parties is carried out by negotiation or mediation. If this method is not effective, the UN Security Council can submit the case to an international court such as the International Criminal Court as regulated in article 1 of the 1998 Rome Statute.

Part III The Right to Justice, A General Principles, Principle 19 Duties of States with Regard to the Administration of Justice

2018 ◽  
Author(s):  
Ambos Kai
Keyword(s):  
Human Rights ◽  
International Law ◽  
Justice System ◽  
International Criminal ◽  
Criminal Court ◽  
Historical Background ◽  
Human Rights Violations ◽  
International Crimes ◽  
Administration Of Justice ◽  
The Right

Principle 19 outlines the duties of States with regard to the administration of justice for victims of serious human rights violations and other international crimes. Under this Principle, States must ensure that those responsible for serious crimes under international law are prosecuted, tried and adequately punished. A state’s (criminal) justice obligations have long been recognized by regional human rights courts and international human rights bodies. While the fight against impunity is the explicit aim of the International Criminal Court (ICC) and a major goal of the United Nations, the duty to prosecute lies primarily with the domestic justice system with regional or international mechanisms being subsidiary or complementary. This chapter first provides a contextual and historical background on Principle 19 before discussing its theoretical framework and how human rights courts and treaty bodies have interpreted the duty of States to investigate and prosecute serious human rights violations.

The Universal Declaration of Human Rights in Twenty Years of icc Practice: An International Law Perspective

2019 ◽  
Vol 19 (6) ◽  
pp. 1057-1080
Author(s):  
Alice Riccardi
Keyword(s):  
Human Rights ◽  
International Law ◽  
International Criminal Court ◽  
Rome Statute ◽  
International Criminal ◽  
Criminal Court ◽  
Universal Declaration ◽  
70Th Anniversary ◽  
Symbiotic Relationship ◽  
20Th Anniversary

On the occasion of the 20th anniversary of the entry into force of the Rome Statute and the 70th anniversary of the proclamation of the Universal Declaration of Human Rights (udhr), this article ponders on the two instruments intimate and symbiotic relationship. Following the systematisation and analysis of all International Criminal Court (icc) rulings mentioning the udhr, the article argues that the Court has aligned itself with the practice of other international jurisdictions regarding the udhr. Notably, the icc has adhered to the tendency of considering the human rights expressed in the udhr binding irrespective of their formal source, as inherently equipped with authority and persuasiveness. This would originate from the udhr capacity to convey general principles innate in the international order and of such an essential nature that their status under international law does not need to be assessed.

scholarly journals Human Rights Enforcement at the Borders

2019 ◽  
Vol 17 (3) ◽  
pp. 609-631 ◽  
Author(s):  
Caleb H Wheeler
Keyword(s):  
Human Rights ◽  
International Law ◽  
Rome Statute ◽  
Partial Solution ◽  
Trial Chamber ◽  
Criminal Court ◽  
Human Rights Violations ◽  
Legal Foundation ◽  
The Government ◽  
Atrocity Crimes

Abstract In September 2018, Pre-Trial Chamber I of the International Criminal Court (ICC) reached a decision that could profoundly impact accountability for transnational human rights violations. In its decision, the Pre-Trial Chamber found that it has jurisdiction over the crime against humanity of deportation as it relates to the government of Myanmar’s treatment of the Rohingya ethnic group. This decision is remarkable for the fact that Myanmar is not a state party to the Rome Statute and therefore not directly subject to the ICC Statute. The Court circumvented this problem by ruling that a portion of the crime was committed in Bangladesh permitting the exercise of jurisdiction in this matter. This article endeavours to accomplish two goals. First, it analyses the Pre-Trial Chamber’s ruling to determine whether it is in compliance with the Rome Statute and international law. Secondly, it will discuss the ramifications of the decision and consider whether it can act as a partial solution for addressing transnational human rights violations being committed in the territory of non-states parties. The article concludes that the decision itself is open to question, creating a danger that it will be susceptible to challenge. The ICC needs to ensure that these sorts of controversial decisions have a firm legal foundation to better deliver justice to the victims of atrocity crimes, and protect the Court from criticism that it is failing victims.

The Judicial Review Powers of the Presidency of the International Criminal Court: Safeguards for the Protection of Human Rights

2013 ◽  
Vol 12 (3) ◽  
pp. 281-320
Author(s):  
Hirad Abtahi ◽  
Odo Ogwuma ◽  
Rebecca Young
Keyword(s):  
Human Rights ◽  
International Law ◽  
Judicial Review ◽  
Rome Statute ◽  
International Criminal ◽  
Case Law ◽  
Criminal Court ◽  
Human Rights Law ◽  
Protection Of Human Rights ◽  
The Right

Abstract In view of the ten-year anniversary of the entry into force of the Rome Statute, this article examines the functions of a lesser-known organ of the Court – the Presidency. Focusing particularly on judicial review by the Presidency, which is grounded in administrative and human rights law, this article provides the first comprehensive account of its jurisprudence, depicting a dynamic and developing case law which embraces a wide variety of sources of international law. This article addresses the protection of fundamental human rights by analysing the decisions of the Presidency in the context of the detention of suspects, accused and detained witnesses, as well as the right to a fair trial with regard to the suspect and/or accused and victims’ representation.

The Denial of the Right of Return as a Rome Statute Crime

2020 ◽  
Author(s):  
Micheal G Kearney
Keyword(s):  
International Law ◽  
International Criminal Court ◽  
Rome Statute ◽  
Final Section ◽  
International Criminal ◽  
Trial Chamber ◽  
Criminal Court ◽  
Central Importance ◽  
Right Of Return ◽  
The Right

Abstract In 2018, Pre-Trial Chamber I of the International Criminal Court (ICC) held that conduct preventing the return of members of the Rohingya people to Myanmar could fall within Article 7(1)(k) of the Statute, on the grounds that denial of the right of return constitutes a crime against humanity. No international tribunal has prosecuted this conduct as a discrete violation, but given the significance of the right of return to Palestinians, it can be expected that such an offence would be of central importance should the ICC investigate the situation in Palestine. This comment will review the recognition of this crime against humanity during the process prompted by the Prosecutor’s 2018 Request for a ruling as to the Court’s jurisdiction over trans-boundary crimes in Bangladesh/Myanmar. It will consider the basis for the right of return in general international law, with a specific focus on the Palestinian right of return. The final section will review the elements of the denial of right of return as a crime against humanity, as proposed by the Office of the Prosecutor in its 2019 Request for Authorization of an investigation in Bangladesh/Myanmar.

scholarly journals Disparity in Human Rights Violations: A Political and International Law Perspective

2016 ◽  
Vol 2 (3) ◽  
pp. 349
Author(s):  
Aidir Amin Daud
Keyword(s):  
Human Rights ◽  
International Law ◽  
Rational Solution ◽  
Double Series ◽  
Mass Murder ◽  
The State ◽  
Human Rights Violations ◽  
Natural Right ◽  
International Court ◽  
Political Interests

Right to life is non-derogable rights. A natural right that should not be revoked arbitrarily by anyone, including the state. A mass murder in events 1 October 1965 and Timor-Timor is a double series of states’ failure in protecting the rights of Indonesian peoples. Moreover, these two events get different treatment in its handling. The disparity in treatment between two cases is a big question related to the consistency of human rights enforcement in Indonesia. This study is a descriptive-qualitative research. While, to prove the truth, this study will use a comparative study. The findings show that the attitude of the United Nations that treat serious human rights violations in Timor-Timor and the events of 1965 in Indonesia, cannot be answered differently in the perspective of international law. Since it has a weakness where the political interests of ruling is very strong in influencing the decisions of the UN. The disparity in law enforcement in the event of serious human rights violations in 1965 and Timor-Timor due to the dynamics of international politics when it does not allow for the demands of human rights violations to the UNs’ International Court due to advantage for a certain state after the event. In order to reduce disparities in human rights violations, reconciliation is the most rational solution at this time compared remains demand the state for the violations. Besides, many human rights violations in certain countries that have successfully resolved through reconciliation approach.

scholarly journals INFLUENCE OF THE RIGHT TO THE ENVIRONMENT ON SUSTAINABLE DEVELOPMENT FROM THE PERSPECTIVE OF INTERNATIONAL LAW

2019 ◽  
Vol 8 (3) ◽  
Author(s):  
Akramosadat Kia
Keyword(s):  
Sustainable Development ◽  
Human Rights ◽  
International Law ◽  
Environmental Law ◽  
Human Life ◽  
Legal Protection ◽  
Third Generation ◽  
Human Beings ◽  
The Third ◽  
The Right

Nature is one of the most important pillars of human life, which is why the environment has been considered in all historical periods. At first, contemporary international law seeks to protect the environment as part of international environmental law, but the inadequacy of this protection and the need to protect the environment for Nowadays's human beings and future generations, the link between the environment and human rights It was considered because legal protection of human rights could be a means to protect the environment. Hence, in the context of the third generation of human rights, a new right called "the right to the environment" was created in international human rights instruments, in which the environment was raised as a human right. This right is not only a reminder of the solidarity rights that are categorized in the third generation of human rights, but also necessary for the realization of many human rights, civil, political or economic, social and cultural rights. However, the exercise of this right requires a level of development which in turn provides for a greater degree of environmental degradation. Hence, the international community since the nineties has promoted the idea of sustainable development at all levels of national, regional and the international has put it on its agenda.

The Impact of the Human Rights Accountability Movement on the International Law of Immunities

2003 ◽  
Vol 40 ◽  
pp. 151-193
Author(s):  
Darryl Robinson
Keyword(s):  
Human Rights ◽  
International Law ◽  
Criminal Court ◽  
International Court Of Justice ◽  
Enforcement Action ◽  
International Crimes ◽  
International Court ◽  
Accountability Movement ◽  
International Discourse ◽  
The Impact

SummaryIn the last decade, the human rights accountability movement has made remarkable inroads into the classical law of immunities. The developments strike a new equilibrium between the need to promote accountability and the need to protect international discourse. These developments form a coherent picture if one looks to the underlying rationales of these areas of law. Immunities ratione materiae, enjoyed by current and former officials, protect official functions on behalf of a state. The landmark Pinochet decision affirmed that official functions could not include the commission of international crimes condemned by international law. Conversely, immunity ratione personae flows from a different rationale. This form of immunity protects only certain high officials representing their state and only during office and facilitates official visits by precluding arrest on any grounds. The International Court of Justice Yerodia decision and other developments confirm that this immunity remains absolute, irrespective of the conduct alleged. However, even this absolute immunity may be relinquished through Security Council enforcement action or acceptance of the jurisdiction of the International Criminal Court.

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