DIPAD, JHOZEN E.

INTRODUCTION TO HUMANITARIAN LAW

BAPS 4-1 PROF. JOHN CARLO COLOT

Important Terms/Questions Notes

The European Union REGIONAL HUMAN RIGHTS ORGANIZATION

Treaties - an agreement between two or more countries in international level

- Is treaty the main source of international law?
Yes. Before we can have a law there is need to have an agreement/ consensus
between state. Th9e parties are the states, in the absence of these treaties, there
is no international law.
- Can other countries intervene violation of human rights in other countries in the
absence of international law/ treaties?
No.
➢ Similar to the case BEFORE WWII, Nuremberg Trials where Nazi justified
themselves in the killings of Jews
➢ par in parem non habet imperium – the equality among the states

~ In the exercise of external sovereignty, all acts of the state to its citizens are valid.
~ If there is an international law and the state is a signatory to that treaty, the state can no longer
invoke its external sovereignty.

pacta sunt servanda – agreements must be kept

Extraterritoriality principle – the situation when a state extends its legal power beyond its territorial
boundaries
Example: US Embassy in PH is an extension of their boundaries

~ If a person killed and went to an embassy to which PH has no diplomatic relations. The
Philippines has no jurisdiction over the person or the crime. There is no diplomatic relation and
the embassy is an extension of a foreign country, unless the person is given up by the embassy.
~ If the state where a citizen killed or be killed has diplomatic relations with each other, the
country has jurisdiction over the body and the crime.

On the Pemberton v. Laude case:

: Pemberton was a US citizen who killed a Filipino Transgender in Olongapo. Although he was
detained for 2 years, he was given absolute pardon. (US-PH BFA)

On the Jeffrey Liam case:

: Liam was a diplomat, he slandered by his Filipino assistant. However, as a diplomat he has
state immunity from suits under the Vienna Convention on Diplomatic Relations

~ Negotiations, signing, ratification, exchange of copies of the treaty, and registration to the
United Nations are the requirements of a valid treaty.

Difference between treaty and Executive Agreement

- Treaty requires 2/3 votes from the Senate (PH context)
- Executive Agreement does not require 2/3 votes. It only needs the action of the
executive chamber

Importance of International Law – If the government abuses its authority to the people, the
International Law will serve as their safeguard.

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BAPS 4-1 PROF. JOHN CARLO COLOT

Basis of Regional Human Rights Organization

UN Charter Provision Chapter VII, Article 52: “Nothing in the present charter precludes the
existence of regional arrangement or agencies for dealing with such matters relating to the
maintenance of international peace and security as are appropriate for regional action.”

~ Countries can create regional systems since the United Nations cannot cater all international
relations.
~ UN has 193 signatories which comprises almost all sovereign states in the world.

Three Regional Human Rights Organization

1. Africa (AU)
2. Americas (OAS)
3. Europe (EU)
European Human Rights System
European Human Rights System - European Convention on Human Rights
➢ a mechanism that individuals or NGO’s can use to seek help in case
there is a violation of human rights
➢ the focus of the protocols is more on civil and political rights (ICCCPR)
➢ Protection mechanism of European countries
➢ The provision is similar to bill of rights
Ex: torture, death penalty, liberty, life, double jeopardy
- Council of Europe
➢ Holds the regional system
➢ Is different from European Union (EU)
➢ have separate parliaments
o the parliaments are the member countries
o counterpart sa PH: Secretary of Foreign Affairs
➢ a Regional Human Rights Treaty
➢ it has a separate court system
o similar to UN (ICJ), Rome Statue (ICC), UNCLOS (ITLOS)

Historical concepts
- Winston Churchill began to talk about this CONCEPT.
➢ WC: Former UK Prime Minister // during WWII
- Speech at the University of Zurich in 1946
- 1949- Council of Europe was organized
➢ based on WC’s concept
- 1950- European Convention on Human Rights
- 1961- European Social Charter
- 1989- Fall of Berlin Wall led to the Expansion of COE

Berlin Wall – divided East and West Berlin during USSR

- built by the German Democratic Republic during the Cold War to prevent its
population from escaping Soviet-controlled East Berlin to West Berlin

Council of Europe 2013

- 47 member nations
- 800 million people in jurisdiction
- Belarus is the only European country that is not a member

COE Officials
1. Secretary General – head secretariat of COE, elected by PACE with 5 years term
2. Committee Ministers – Minister of Foreign Affairs of all states

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 DIPAD, JHOZEN E.
BAPS 4-1
European Convention on Human
Rights and the Articles
INTRODUCTION TO HUMANITARIAN LAW
PROF. JOHN CARLO COLOT
3. Parliamentary Assembly (PACE) – national parliamentarians from all member states,
state appointed.
European Court of Human Rights
- court system of COE
- Judge from each member of COE
➢ If a case is brought against nation, the judge from that nation must be
on panel hearing
➢ 9-year term, no re-election
➢ it has a President, Chambers, Registrar (P.C.R.)
Consultative assembly and European convention on Human Rights
Fall 1949
- COE Assembly heard speeches of Teitgen and Maxwell, both calls for a treaty and a
court.
- Similar to UN, both are treaties and has a court
Committee on Legal Administrative Questions
- chaired by Maxwell-Fyfe November 1949
- Committee report written by M. Teitgen
- advocating treaty protecting ten basic human rights
November 1950
- Treaty opened for signatures
European Convention on Human Rights
Preamble
- used the UDHR proclaimed by the General Assembly of the UN as a basis for the
Convention.
- the principles of UN were taken but it is only applicable to European Region
- reference to common heritage and commitments to human rights and fundamental
freedoms
Article I
- Parties agree to secure to all in their jurisdiction the rights guaranteed
Article II: Right to life
- Right to live, to be physically complete
- 1987 Philippine Constitution Article 3, Section 1. No person shall be deprived of life,
liberty, or property without due process of law, and equal protection of the law
➢ Right to life of the unborn – abortion is punishable because there is already a
union of the cell. Life starts upon conception; it takes place when egg and
sperm cell combined.
➢ Reproductive Health Law – the use of contraceptives is valid because it
prevents the union of the cells.
Article III: Prohibition on Torture, Inhumane Treatment
- This is a constitutional guarantee for the accused and there is also procedural due
process presumption of innocence until proven guilty.
- Inhumane treatment – causes intense physical or mental suffering
Article IV: Prohibition on slavery
- UK abolished slavery itself
- US was the last to abolish slavery
Article V: Right to liberty and security
- Liberty – basic essence is freedom to live freely (Article III, Section 1)
- Article III, Section 1 secured the citizens with the entire bill of rights
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BAPS 4-1 PROF. JOHN CARLO COLOT

1. Due Process Clause – hears before it condemns, render judgement only after
trial and requires hearing
2. Equal Protection Clause
- Security – Article III, Section 2. The right of the people to be secure in their persons,
houses, papers, and effects against unreasonable searches and seizures
➢ Inflagrante delicto – before, during, after commission of the crime
Article VI: Fair trial
Article VII: Criminal Due Process
Article VIII: Privacy
- Article III, Section 3. The right to privacy of communication, evidence obtained violating this
is inadmissible
Article IX: Freedom of thought and religion
- Article III, Section 5. The free exercise of religion and the state cannot establish it owns
religion
- Article II. The separation of state and religion is inviolable
Article X: Freedom of Expression
Article XI: Freedom of Assembly and Association
- Article III, Section 8. Right to form unions, societies for purposes not contrary to law
Article XII: Right to marry, found a family
- Essential and formal requisites of marriage
Article XIII: Right to remedy
- Right to have alternative actions
Article XIV: Ban on discrimination
Article XV: Rule on Derogation

Admissibility to ECHR (European Council for Human Rights)

- Not a Court of Appeal
- Exhaust domestic remedies
- Case against COE nation
- Victim status
- Relates to time after nation joined COE
- Must specify violation of Covenant provisions
- Must be brought within 6 months
- Must show significant advantage

European Court of Justice

European Court of Justice
- EU Court (European Court of Justice, ECJ)
➢ Located in Luxemburg
➢ Focuses on EU issue
➢ Organization of ECJ
o One judge for each EU nation
o Advocates-general
o President, vice president, registrar
➢ Jurisdiction of ECJ
o Appeals from European General Court (EGC)
o Requests for preliminary ruling. National courts ask ECJ to interpret a point of
EU law
o Actions for failure to fulfill an obligation brought against EU governments for
not applying EU law
o Actions for annulment against EU laws thought to violate the EU treaties or
fundamental rights
o Actions for failure to act against EU institutions for failing to make decisions

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BAPS 4-1 PROF. JOHN CARLO COLOT

required of them
o Direct actions brought by individuals, companies or organizations against EU
decisions or actions
- COE Court (European Court of Human Rights, ECHR)
➢ Located in Strasbourg, France
➢ Decides cases brought under the European Convention of Human Rights
➢ Advisory jurisdiction

Summary

The European Convention on Human Rights (ECHR) safeguards people's human rights in nations that are members of the Council of Europe.
The Convention has been signed by all 47 members of the Council, including the United Kingdom. The 'Convention for the Protection of
Human Rights and Fundamental Freedoms' is its full name. Following WWII, the Council of Europe was established to preserve human rights,
the rule of law, and to promote democracy. The first objective for the Member States was to draft a treaty that would guarantee basic rights to
everyone within their borders, including their own citizens and individuals of other nationalities. The European Court of Human Rights enforces
and protects the European Convention on Human Rights' rights and guarantees. The Convention is made up of numbered "articles" that
guarantee fundamental human rights. The Human Rights Act of 1998 in the United Kingdom makes these rights a part of domestic law.