This article is written by Anjali Tyagi of Banasthali Vidyapith University, an intern under Legal Vidhiya
Abstract:
International Humanitarian Rights law is a set of convention, declaration, customary International law, policies, treaties which not only promote Human relation beyond the national border but also promote Fundamental Rights, right to equality, without any discrimination on the basis of caste, colour, religion. IHRL develop Economic, Social, Cultural Rights. It deals with the history or origin of the concept of International Human Rights Law. Also, it deals with various problems which arises while enforcing Human Rights Law.
Keywords: International law, Human Rights, Human Law, Social, Economic and cultural rights.
INTRODUCTION
What are human rights?
Human rights are those rights which are available to all human beings, irrespective of their caste, race, sex, nationality, language, religion. Human rights can be civil, political, economic, social or cultural, they are available to all human beings. These human rights are protected by various laws, similarly with international law. Human rights are of various kinds like right to a fair trial, right to education, right to life and personal liberty, right to live a respectful life without any fear of discrimination.
International human rights played an important role in the development of international human right law. with the evolution of international human rights treaties which provide framework for the promotion and protection of human rights which has created a legal obligation on the state to protect the right of every human being within their jurisdiction. the Universal Declaration of human rights adopted in 1948 serve as important part for the development of IHRL. It established common rights of standard of human beings rights for all people. the adoption of the International Convention on civil, political right, economic, social and cultural right. In addition to these conventions prevents the discrimination of all people from different aspects.
International Human Rights law is a body of international law that seeks to protect and promote human rights at a global level. It consists of treaties, conventions, declarations, and customary international law that sets out the obligations of states to respect, protect, and fulfill the rights of individuals and groups. International human rights law covers a wide range of rights, including civil and political rights, such as freedom of expression declarations, and customary international law that establish the rights and freedoms of individuals and groups, and outline the obligations of states to respect, protect, and fulfil these rights.
The core human rights documents include the Universal Declaration of Human Rights (UDHR), the International Covenant on Civil and Political Rights (ICCPR), the International Covenant on Economic, Social and Cultural Rights (ICESCR), and the Convention on the Rights of the Child (CRC). These documents set out a comprehensive framework for the protection of human rights, including civil and political rights such as freedom of expression and assembly, due process, and the right to vote, as well as economic, social, and cultural rights such as the right to education, healthcare, and an adequate standard of living. International human rights law is enforced through various mechanisms, including treaty bodies, human rights courts and tribunals, and through international and domestic criminal justice systems. These mechanisms provide avenues for individuals and groups to seek redress for violations of their human rights, and for states to be held accountable for failing to uphold their human rights obligations.
Overall, international human rights law represents a critical tool for protecting and promoting human rights on a global scale, and for holding states accountable for their treatment of individuals and communities within their borders.
The Role Of International Courts and Tribunals
The role of international courts and tribunals have played an important role in the development of international human rights law these are responsible to solve the dispute which I related to violation of human rights and if there right is violated than remedies provided to the victims there was a framework and keep eye on each framework of state whether state are using their power in rightful way or not they also keep on cheque that state should not boil it the human rights or make a low which is against human rights international Civil Code provides remedies to the individual and also International Criminal codes or provide justice to the individuals for the betterment.
The International Criminal Court (ICC) is another important international court that plays a critical role in the enforcement of IHRL. The ICC is responsible for investigating and prosecuting individuals accused of the most serious international crimes, including genocide, crimes against humanity, and war crimes. Its establishment in 2002 marked a significant development in the evolution of IHRL.
History of IHRL
Cyrus the great was recognised as a person who began to think about human rights in a way that he treated captives in battle. he did not enslave them did not massacre the people who had captured but he set them free. He also had great tolerance for the various religions in his area and even allowed jewish population to return to Persia. so, he was one of the early significant figures there was a huge rumen concept of customary law. romans looked at what laws were generally recognised by all nations an in that begin to develop the idea that we could look at this body of customary international law.
In Back 1215 a time that the barons forced the Magna Carta from King John. actually, there were many Magna Carta King, John himself issued more than one an in subsequent monarchies there were other Magna Carta, they also should say about the Magna Carta that it is very important documents but it did not contain things we frankly frequently give credit for it, does not establish the right to trial by jury it did not had language which ultimately overtime led to what we now recognise as a right to trial by jury and it did recognise a due process.
In 1628: Petition right was a document that was signed by Charles first at the beginning of his reign. The author Geoffrey Robinson thinks that significant because of Charles first conducted a war against his own people he violated the petition right repeatedly, he ultimately was executed after trial before parliament that trial occurred in 1694.
In 1649: Geoffrey Robertson places that as a very important event because of monarch who degreed to the petitioner right and who now conducts war on his own people. he is guilty of a number of human rights violations in the process and now is an instance when a king is not only held accountable and forced to take a position as was a King John with Magna Carta but sols was first king who is executive after a trial before parliament in 1851. shortly thereafter Thomas Hobbes wrote about the consent of the people as a basis of governance in 1679.
In 1679: habeas corpus statute in 1680 was a glorious revolution. again, parliament decides who’s going to be the monarch an in that decision we get a Bill of Rights adopted along with the decision to place William and Mary on the throne. John Locke wrote in the late 17th century and his forks.
In the 18th century Lord Mansfield decision in Somerset that somerset decision is frequently cited as a decision in which a court found that slavery was the illegal in England. The actual holding of the case said that a person who was being held as the slave was entitled to seek habeas corpus to get relief from slavery but a number of slaves continued attending them and of course the number of British colonies continued to practise slavery building on these British principles. we get the Declaration of Independence Thomas Jefferson greatly influenced going to walk and other crafted the Declaration of Independence influenced the Declaration of Independence look at the document. The document is a statement to the wall about the abuses of King George the 3rd and his government. It is in essence A brief explaining the reason that the American colonies are entitled to revolt from in but if we look through those grievance listed by Thomas Jefferson. there are very large number of grievances these are human rights violation the failure to give fair trial to failure to allow British soldiers who have been guilty of wrongdoing to be a prosecuted failure to allow local government to function and to have representative government to make decision the use of Indians to conduct warfare that were against the rule of warfare. in civilised nation again this litancy of abuse of human rights is very much at the heart of the Declaration of Independence and after the war after the Revolutionary War of course ultimately the constitution adopted in 1789. It is the US constitution original constitution does not include a comprehensive list of human rights. It does make provoking for habeas saying that the writ of habeas corpus in time of insurrection or invasion and that rule again has been very important throughout the history of human rights internationally.
Universal Declaration of Human Rights
Background
In the aftermath of World War II, Eleanor Roosevelt spearheaded the U.S. involvement in the creation of the United Nations, as well as the drafting of the Universal Declaration of Human Rights (UDHR). Eleanor Roosevelt’s diplomatic efforts with the Soviet Bloc countries in particular assisted greatly in the final acceptance of the UDHR. On December 10, 1948 the United States voted in favor of the resolution to adopt the Declaration before the United Nations General Assembly. As the cornerstone of the international human rights movement, the UDHR was drafted as ‘a common standard of achievement for all peoples and nations.’ It was the first time in history that one document designated the basic civil, political, economic, social and cultural rights to which all humans are entitled. It has since been widely accepted by the international community as the fundamental standard of human rights that all States should respect and protect.
Legal Aspects
Many Activists said that all of the rights listed in the UDHR will become customary international law. Unlike those which are not binding international human rights declarations, the UDHR is widely recognized moral human rights throughout the world. Every international human right included in the UDHR, as according to many declarations which are adopted unanimously or by consensus by the U.N. General Assembly. While others argued that there is certain right which are included in UDHR as a customary law as the various economic and cultural rights Do not have the same status.
RELATIONSHIP BETWEEN US and INTERNATIONAL HUMAN RIGHTS LAW
DOMESTIC LAW
The U.S. Constitution provides that treaties, policies together with the Constitution and statutes, are the “supreme law” and supreme authority of the United States. However, if there is a conflict between the treaty and constitution, will prevail over any other treaty. Customary international law, will be bind on the United States or US courts when there is an absence of conflicting domestic law. US court can deal or make changes in the domestic law as per required needs. with international obligations whenever possible. When a State becomes Is a part to a treaty, states have all the rights to make law, policies and documents as per requirement on particular provisions. The United States has issued guidelines on the ratification of the International Covenant on Civil and Political Rights (ICCPR), the International Convention will eliminate all the Racial Discrimination.
CONCLUSION
This paper is designed to provide you with information on the fundamental principles of international human rights law and its relevance in protection adjudications, history well as a basic understanding of human law and the objective of international law. It is not required to know all the international rights, policies, principles that could arise in the context of protection adjudications, but we all should be aware with the basic human rights policies and the rights which are protected. When adjudicating a protection, we all may take help from any international law documents, policies or instruments, if it is necessary and eligible to take help.
References
https://www.ohchr.org/en/instruments-and-mechanisms/international-human-rights-law
https://www.researchgate.net/topic/International-Human-Rights-Law/publications
https://papers.ssrn.com/sol3/papers.cfm?abstract_id=1641167.
