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Human rights and armed conflicts - Coggle Diagram
Human rights and armed conflicts
Basic international law concept
Art. 38 Statue of the international court of justice
the court shall apply
international conventions, whether general or particular,establishing rules expressly recognized by the contesting states
when a state decides to ratifie a convention or treatie they recognice those rules as binding in front of the other states and as such they can be found in contempt if they do not respect them by the ICJ
ex: convetion against the violence on women and a state does not put in place a series of measures (like shelter for abused women)
international custom, as evidence of a general practice accepted as law
there are some behaviour that are expected from every state simply because they are the norm (costumary practise) meaning that generally even if it's not formal all state must take measure to prevent breaking this norms (ex torture, conquest aggression....)
United nations declaration on the rights of indigenous
people
example of canada removes objector status "We intend nothing less than to adopt and implement the declaration in accordance with the Canadian costitution"
Premptory laws (or ius cogens) are a subgroup of costumary law
international courts’ decisions have an ancillary role in elucidating the law, rather than being themselves a source of international law but are important to identify costumary laws
In the international arena, just as other levels of governance, the law is one form of social control (normative claim) but basic requirement of behaviours also emerge from morality, courtesy and social costums. They form part of the expectations of social discourse, compliance with such norm is to be expected and violations sanctioned.
SOFT LAW
Genesis of human rights and of the international protection sistem
Key\ horizontal concepts in the field of human rights protection
In case of emergency SOME human rights migh be derogated. An example is during the covid19 pandemic were some freedoms were temporarelly suppresed in favour of protecting the collective right to life and health.
There are some rights that cannot be derogated by the state like right to life or the prohibitipon of torture
The principle of SELF DETERMINATION
Rights of indigenous people and minorities protection
The United nations protection sistem
The charter based bodies
the treaty based bodies
Regional protection systems
Genocide
the right to life
the death penalthy
The proibition of torture
Critical factors
The law of armed conflicts
International crimes and international criminal justice
Universality of human rights