Human security and international law (Borrowed from 2008 lecture by Professor Gro Nystuen,...
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Transcript of Human security and international law (Borrowed from 2008 lecture by Professor Gro Nystuen,...
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Human security and international law
(Borrowed from 2008 lecture by Professor Gro Nystuen, University of Oslo)
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Human security from a legal point of view
• Law is a normative tool.
• Law determines: – rights and obligations – (normally) implementation mechanisms– (often) sanctions against non compliance
• Law can ‘grip’non-state actors as well as or even better than states
• Human Security is not ‘law’ but law can be used to define what it is and safeguard it
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Jus ad bellum and jus in bello
• Jus ad bellum are the international rules pertaining to to which extent the use of military force against another state is allowed. - Limits damage done to human security by war as such; indirectly limits militarization and associated damage to human security + liberties
• Jus in bello are the international rules pertaining to how armed conflict must be conducted. - Limits nature/scale of damage including to civilians, also in intra-state or non-state war
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International law relevant to ”human security”:
• International humanitarian law:
• Agreements between states on how to conduct war, and on protection of individuals (civilians and combattants)
• International human rights law:
• Agreements between states regulating the relationship between each state and the individuals over which it has jurisdiction
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The Content of IHL is PROTECTION of
1) Combatants:- Soldiers/officers- Others (participants in hostilities)
2) Non-combatants:- Soldiers hors de combat (Sick, wounded,
surrendered, POWs)- Civilians
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The Content of HRL is PROTECTION
of all persons within the jurisdiction of a State (regardless of citizenship) against abuse of power of State authorities, or failure by State authorities to ensure human rights
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International Human Rights Law
Point of departure: Restrictions on arbitrary abuse of power by the state
General treaties: •International Covenant on Civil and Political Rights (1966)•International Covenant on Economic, Social and Cultural Rights (1966)•European Convention on Human Rights and Fundamental Freedoms (1950)
Special Treaties:•Convention on Torture •Convention on Racial Discrimination•Convention on Discrimination of Women (NB UNSCR 1325)•Etc..
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• International humanitarian law
• The point of departure: restrictions on how to conduct warfare
• General Rules:
• The four Geneva Conventions (1949):• 1: Wounded and sick soldiers on land• 2: Wounded and sick soldiers on sea• 3: Prisoners of war• 4: Protection of civilians and occupation
• The two Additional Protocols (1977): Additional rules on means and protection• 1) In international armed conflicts• 2) In non-international armed conflicts
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• Other special rules mostly on weaponry:
• NPT (non-proliferation of nuclear weapons) 1968 • Biological and Toxin Weapons Convention 1972• Environmental Modification Convention 1977• Convention on inhumane weapons (CCW) 1980
(What is a ‘cushie’ weapon?)• Chemical Weapons Convention 1993• Anti Personnel Mines (Ottawa Treaty) 1997• Use of lasers for blinding• Cluster munitions 2008
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Remedies and monitoring mechanisms under humanitarian law (IHL) and human rights law (HR)
Duty-bearers
Rights-holders
Remedies
International humanitarian law (IHL)
STATES
INDIVIDUALS (including members of armed groups)
STATES
INDIVIDUALS(including members of armed groups)
ICJ and other treaties
National courtsNuremberg/TokyoICTY/ICTRICC
International humans rights law (HRL)
STATES INDIVIDUALS (persons)
STATES
International HR courts and other monitoring bodies
ICJ and HR Courts etc
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Examples of recent and emerging law in the area of human security
• UN Convention on the Rights of Disabled Persons
• Protocol (individual complaint system) to the UN Covenant on Economic, Social and Cultural Rights
• ICC statute and other tools for post-conflict justice
• 2005 UN Summit formulation of Responsibility to Protect