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International law does not offer any effective remedy where the government of a State chooses to commit mass human rights violations within its own borders. Do you agree? Explain your answer fully, referring to real world examples.

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Introduction

LA TROBE UNIVERSITY FACULTY OF LAW & MANAGEMENT SCHOOL OF LAW PUBLIC INTERNATIONAL LAW (LAW2/3PIL) ESSAY Question 2 International law does not offer any effective remedy where the government of a State chooses to commit mass human rights violations within its own borders. Do you agree? Explain your answer fully, referring to real world examples. Executive Summary The report gives an overview about international law regarding effective remedies against human rights violations. This paper integrates a comprehensive understanding of human rights in particular human rights violations and operational criteria. Firstly, human rights in an international context will be presented. Secondly, remedies in international law will be analysed. Furthermore, the paper discusses the historical development about powers, politics and remedies in international law in context with human rights. This report identifies the key human right issues in an international context: * Human rights protection by peaceful, political-diplomatic remedies and International Courts * Human rights protection by violent remedies The report followed up with a discussion and conclusion. Table of Content I. Introduction II. Human Rights 1. Basic Facts 2. Human Rights in International Law III. Remedies in international law 1. Human rights protection by peaceful, political-diplomatic remedies and International Courts 2. Human rights protection by violent remedies 2.1. Humanitarian Intervention 2.2. Operational Criteria III. Critical Discussion about Powers, Politics and Remedies in International Law in Context with Human Rights IV. Conclusion I. Introduction The protection of human rights is a fundamental concern of modern international law and the international law community. Although there are a variety of mechanisms for protecting or safeguarding human rights, they nonetheless are still massively violated in various parts of the world. It has been suggested that if compliance with a legal order is left to the discretion of the parties concerned, law degenerates to a farce. For this reason the question of how effectively the mechanisms and instruments implemented to protect human rights gains fundamental importance. ...read more.

Middle

Humanitarian intervention aims to protect individuals from further mass fundamental human rights violations from occurring under an oppressive government.33 The debate about humanitarian Interventions has been rekindled with the NATO mission in Kosovo. The discussion focuses mainly on the legitimacy of the NATO mission and the conformity with the prohibition of violence and intervention as well as the definition of operational criteria for future humanitarian interventions. 2.2. Operational Criteria The United Nations have to develop generally accepted criteria for the effective exercise of armed forces. Basically humanitarian interventions should only take place under the following conditions:34 For human right protection should peaceful remedies exhausted. The commensurability of remedies regarding appropriateness, necessity and adequacy must always be respected. Moreover there must exist realistic chances for a successful conflict termination . Bruno Simma considers that the threat and use of force by an international organisation such as the UN would only be justified in extreme situations of human rights abuses such as genocide. He argues that in this case more of an obligation is placed upon external forces to intervene.35 However, such an approach raises problems. Could an obligation be codified into international law authorising a state to intervene in situations of genocide? It is doubtful this type of remedy will ever eventuate as powerful sovereign states are unlikely to ever agree to such a precise binding obligation. The reasons one country will embark upon humanitarian intervention into another country are highly political. Sceptics may argue that such a country will only intervene in the domestic affairs of another country when it will benefit their own self interest in some way. The United Nations reflects the different attitudes of the states. While developed countries are not like to talk about disarmament and humanitarian intervention as an obligation, states of the third world avoid human rights issues.36 As in a tacit agreement both parties do not stir to the sensitive issues. ...read more.

Conclusion

15 Ibid 59. 16 Gillian Triggs, above n 9 [14.1]. 17 Peter van Tuijil, NGOs and Human Rights: Sources of Justice and Democracy (1999) 52 Journal of International Affairs 493. 18 Martha L. Schweitz, NGO Participation in International Governance: The Question of Legitimacy (1995) 89 American Society of International Law Proceedings 415. 19 Peter van Tuijil, above 17, 493. 20 Ibid 493. 21 Ibid 493. 22 Michael P. Maxwell, NGOs in Russia: Is the Recent Russian NGO Legislation the End of Civil Society in Russia (2006-2007) 15 Tulane Journal of International and Comparative Law 235. 23 Gillian Triggs, above n 9 [14.113]. 24 Ibid [14.113]. 25 Such a Optional Protocol exists in the ICCPR as well; Kate Eastman, Human rights remedies : a guide (1992) 4 Alternative Law Journal 169. 26 Steiner, Alston, Goodman, above n 6, 175. 27 Gillian Triggs, above n 9 [11.3]. 28 Thomas M. Antkowiak, above n 4, 351. 29 Arne Johan Vetlesen, Genocide: A Case for the Responsibility of the Bystander (2000) 4 Journal of Peace Research 519. 30 Resolution 751 in 1992 ("Deeply disturbed by the magnitude of the human suffering caused by the conflict and concerned that the continuation of the situation in Somalia constitutes a threat to international peace and security ... ."). 31 Arne Johan Vetlesen, above n 28, 522. 32 Goerg Meggle, Ethics of Humanitarian Intervention (2004) - Rudolf Schuessler - 233. 33 Ibid 233. 34 Ibid 234. 35 Bruno Simma, NATO, the UN and the Use of Force: Legal Aspects (1999) 10 European Journal of International Law 4. 36 Goerg Meggle, above n 31, 236. 37 Ibid 237. 38 Resolution 807 in 1993; Resolution 827 in 1993. 39 The NATO-member Turkey, whose stability the NATO is interested in, were allowed the war against the Kurds (Resolution 688 in 1991). 40 Gillian Triggs, above n 9 [14.99] "no state ever complained to a human rights committee alleging violations by other states". 41 Robert C. Power, Pinochet and the Uncertain Globalization of Criminal Law (2007) 89 George Washington International Law Review 39. ?? ?? ?? ?? 1 ...read more.

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