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Chapter 16 International Human Rights Law Charter of the United Nations UDHR = December 10, 1948 o Not a legally

y binding treaty, mere declaration or statement o Civil, political, economic, social and cultural rights Other documents o ICCPR = March 23, 1976 o ICESCR = January 3, 1976 o CERD = January 4, 1969 o CEDAW = September 3, 1981 o CRC = September 2, 1990 o CAT = June 26, 1987 o CRMW = July 1, 2003 o CRPD = May 3, 2008 Right to self-determination o Does not include unilateral right of secession o 2 kinds: Internal & external o Internal = peoples pursuit of its political, economic, social and cultural development w/in the framework of an existing state o External = arises only where a people is under colonial rule, is subject to foreign domination or exploitation outside a colonial context Indigenous people = have internal, but no external self-determination o Right to autonomy or self-government Right to seek asylum o Every person has the right to live free from persecution, or the fear of persecution, based on their race, religion, nationality, membership in a particular social group, or political opinion. o Asylum seekers or refugees o Geneva Convention Relating to the Status of Refugees (1951)

Chapter 17 The Laws of War and International Humanitarian Law Laws of War = branch of International Humanitarian Law o International Law of Armed Conflict o Pertain to rules governing the conduct of armed conflict and the protection of the victims of war o A body of customs, practices, usages, conventions, protocols, treaties, and other norms that govern the commencement, conduct, and termination of hostilities between belligerent states or parties

Coverage = laws on neutral, the treatment of prisoners of war, treatment of wounded combatants, the administration of occupied terrorists, rules on truces, rules of warfare and war crimes o Restrict and limit the activities of armed forces o Purpose = to limit the sufferings caused to both combatants and non-combatants o 2 categories: Jus in bello = concerned with the acceptable conduct in war Jus ad bellum = pertain to the rules governing the resort to armed conflict o Sources = governed by numerous treaties or conventions and by accepted customs 2 leading treaties = UN Charter & The Geneva Convention and its protocols Earlier treaties The Kellog-Briand Pact of 1928 1907 Hague Convention IV Modern treaties 1948 UN Genocide Convention 1954 Hague Cultural Property Convention 1976 UN Convention on the Prohibition of Military Use of Environmental Modification Techniques UN Convention on Prohibition or Restrictions of the Use of Certain Conventional Weapons 1997 Ottawa Convention Prohibiting the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines 1998 Rome Statue of the International Criminal Court Geneva Conventions = a series of conventions held over several numbers of years and comprising 4 treaties and 2 protocols as of today o Distinction features Immunity from capture and destruction of all establishments for the treatment of wounded and sick soldiers and their personnel Impartial reception and treatment of all combatants Protection of civilians providing aid to the wounded Recognition of the Red Cross symbol as a means of identifying persons and equipment covered by the agreement o Red Cross Founder = Jean Henri Dunant (Swiss citizen) Organization that would carry out humanitarian tasks Mercenary o Any person who is especially recruited locally or abroad in order to fight in an armed conflict o Any person who does, in fact, take a direct part in the hostilities o Any person who is motivated to take part in the hostilities essentially by the desire for private gain

Any person who is neither a national of a party to the conflict nor a resident of territory controlled by a party to the conflict o Any person who is not a member of the armed forces of a party to the conflict o Any person who has not been sent by a state which is not a party to the conflict on official duty as a member of its armed forces All elements must be present to qualify Rights = no right to be a combatant or prisoner of war Does not include civilian contractors War crimes = violation of the laws of war, whether committed by a state, its civilian population or its military forces o 2 categories: Crimes against peace = for the accomplishment of a war of aggression Crimes against humanity = killing, attack on other people Belligerent Occupation = the occupation of enemy territory while the actual hostilities are still going on o Military control = the occupation of enemy territory after the surrender of the enemy o Effect Upon sovereignty = right to exercise control for the period of the occupation, does not transfer sovereignty Upon allegiance of the people = claim upon allegiance is suspended Upon political laws = suspended or interrupted Upon civil laws = suspend old laws & promulgate new ones, make changes in the old as he may see fit o Non-hostile relations between belligerents = commercial belli Non-hostile activities Safe conduct = form of pass issued by commanding officer in a region, authorizing an enemy to travel or goods to be carried, under specified conditions as to time and place in that region Passport = a general permission issued by competent governmental authorities of a belligerent to persons authorizing them to travel in the area belonging to or occupied by said belligerent Safeguard = a protection granted either to persons or property within the limits of the command and consist either in a written order or a guard of soldiers Cartels = agreements between belligerents for the purpose of regulating intercourse not otherwise permitted in time of war, particularly the exchange and treatment of prisoners Flag of truce = a white flag used as a signal to indicate that a belligerent wishes to communicate with the enemy Parlementaire = the agent representing the belligerent sending the flag of truce

Prize court = a court constituted in accordance w/ municipal law organized by a belligerent for the purpose of passing upon the validity of maritime captures Angary = right to seize means of communication and transport in port at the outbreak of war, subject to restoration and compensation at the end of the war o Elements: There must be an urgent need of the property seized for the war The property must be within the jurisdiction of the belligerent seizing Compensation must be paid the owner Suspension of hostilities = hostilities between belligerent forces may be suspended either by the capitulation of one side, or through an armistice o Capitulation = an agreement entered into between commanding officers of belligerent forces in regard to the surrender of a vessel, a place or military forces o Armistice = a suspension of military operations by agreement between the belligerents Suspension of arms or truce Termination of war o Caused by Conquest Cessation of hostilities Treaty of peace = most conclusive end to a war Binds all the belligerents as well as the neutrals, subject to the process of ratification By proclamation o Effects All hostilities are terminated Settles the territorial acquisition or losses of each belligerent Certain treaties are revived Certain contracts are revived Belligerents are given immunity for the hostile accts committed Rights and obligations of neutrality are terminated o Doctrine of uti possidetis = the properties and territories in the actual possession of either of the belligerents at the conclusion of war vest in the one having possession thereof o Doctrine of status quo ante bellum = each of the belligerents is entitled to the property and territory w/c it had at the commencement of the war Postliminium = the property, both real and personal, w/c when recaptured does not belong to the recaptor but to the original owner o Applies to territory, to private immovable property, and to every kind of property that may not be lawfully seized