LLB

HR 2

The Genocide Convention

In 1948, the U.N. approved its Convention on the Prevention and Punishment of the Crime of
Genocide (CPPCG), which defined genocide as any of a number of acts “committed with intent
to destroy, in whole or in part, a national, ethnical, racial or religious group.” This included
killing or causing serious bodily or mental harm to members of the group, inflicting conditions of
life intended to bring about the group’s demise, imposing measures intended to prevent births
(i.e. forced sterilization) or forcibly removing the group’s children. Genocide’s “intent to
destroy” separates it from other crimes of humanity such as ethnic cleansing, which aims at
forcibly expelling a group from a geographic area (by killing, forced deportation and other
methods).

In 1945, the term genocide was included in the charter of the International Military Tribunal set
up by the victorious Allied powers in Nuremburg, Germany. The tribunal indicted and tried top
Nazi officials for “crimes against humanity,” which included persecution on racial, religious or
political grounds as well as inhumane acts committed against civilians (including genocide).
After the Nuremburg trials revealed the horrible extent of Nazi crimes, the U.N. General
Assembly passed a resolution in 1946 making the crime of genocide punishable under
international law.

The convention entered into force in 1951 and has since been ratified by more than 130
countries. Though the United States was one of the convention’s original signatories, the U.S.
Senate did not ratify it until 1988, when President Ronald Reagan signed it over strong
opposition by those who felt it would limit U.S. sovereignty.
Convention on the Prevention and Punishment of the Crime of Genocide

Approved and proposed for signature and ratification or accession by General Assembly
resolution 260 A (III) of 9 December 1948
Entry into force: 12 January 1951, in accordance with article XIII

The Contracting Parties,

Having considered the declaration made by the General Assembly of the United Nations in its
resolution 96 (I) dated 11 December 1946 that genocide is a crime under international law,
contrary to the spirit and aims of the United Nations and condemned by the civilized world,

Recognizing that at all periods of history genocide has inflicted great losses on humanity, and

Being convinced that, in order to liberate mankind from such an odious scourge, international co-
operation is required,

Hereby agree as hereinafter provided :

Article I

The Contracting Parties confirm that genocide, whether committed in time of peace or in time of
war, is a crime under international law which they undertake to prevent and to punish.

Article II

In the present Convention, genocide means any of the following acts committed with intent to
destroy, in whole or in part, a national, ethnical, racial or religious group, as such:

(a) Killing members of the group;

(b) Causing serious bodily or mental harm to members of the group;

(c) Deliberately inflicting on the group conditions of life calculated to bring about its physical
destruction in whole or in part;

(d) Imposing measures intended to prevent births within the group;

(e) Forcibly transferring children of the group to another group.

Article III

The following acts shall be punishable:

(a) Genocide;

(b) Conspiracy to commit genocide;

(c) Direct and public incitement to commit genocide;

(d) Attempt to commit genocide;

(e) Complicity in genocide.

Article IV

Persons committing genocide or any of the other acts enumerated in article III shall be punished,
whether they are constitutionally responsible rulers, public officials or private individuals.

Article V

The Contracting Parties undertake to enact, in accordance with their respective Constitutions, the
necessary legislation to give effect to the provisions of the present Convention, and, in particular,
to provide effective penalties for persons guilty of genocide or any of the other acts enumerated
in article III.

Article VI

Persons charged with genocide or any of the other acts enumerated in article III shall be tried by
a competent tribunal of the State in the territory of which the act was committed, or by such
international penal tribunal as may have jurisdiction with respect to those Contracting Parties
which shall have accepted its jurisdiction.

Article VII

Genocide and the other acts enumerated in article III shall not be considered as political crimes
for the purpose of extradition.

The Contracting Parties pledge themselves in such cases to grant extradition in accordance with
their laws and treaties in force.

Article VIII
Any Contracting Party may call upon the competent organs of the United Nations to take such
action under the Charter of the United Nations as they consider appropriate for the prevention
and suppression of acts of genocide or any of the other acts enumerated in article III.

Article IX

Disputes between the Contracting Parties relating to the interpretation, application or fulfilment
of the present Convention, including those relating to the responsibility of a State for genocide or
for any of the other acts enumerated in article III, shall be submitted to the International Court of
Justice at the request of any of the parties to the dispute.

Article X

The present Convention, of which the Chinese, English, French, Russian and Spanish texts are
equally authentic, shall bear the date of 9 December 1948.

Article XI

The present Convention shall be open until 31 December 1949 for signature on behalf of any
Member of the United Nations and of any non-member State to which an invitation to sign has
been addressed by the General Assembly.

The present Convention shall be ratified, and the instruments of ratification shall be deposited
with the Secretary-General of the United Nations.

After 1 January 1950, the present Convention may be acceded to on behalf of any Member of the
United Nations and of any non-member State which has received an invitation as aforesaid.

Instruments of accession shall be deposited with the Secretary-General of the United Nations.

Article XII

Any Contracting Party may at any time, by notification addressed to the Secretary-General of the
United Nations, extend the application of the present Convention to all or any of the territories
for the conduct of whose foreign relations that Contracting Party is responsible.

Article XIII

On the day when the first twenty instruments of ratification or accession have been deposited, the
Secretary-General shall draw up a procès-verbal and transmit a copy thereof to each Member of
the United Nations and to each of the non-member States contemplated in article XI.

The present Convention shall come into force on the ninetieth day following the date of deposit
of the twentieth instrument of ratification or accession.
Any ratification or accession effected subsequent to the latter date shall become effective on the
ninetieth day following the deposit of the instrument of ratification or accession.

Article XIV

The present Convention shall remain in effect for a period of ten years as from the date of its
coming into force.

It shall thereafter remain in force for successive periods of five years for such Contracting Parties
as have not denounced it at least six months before the expiration of the current period.

Denunciation shall be effected by a written notification addressed to the Secretary-General of the

United Nations.

Article XV

If, as a result of denunciations, the number of Parties to the present Convention should become
less than sixteen, the Convention shall cease to be in force as from the date on which the last of
these denunciations shall become effective.

Article XVI

A request for the revision of the present Convention may be made at any time by any
Contracting Party by means of a notification in writing addressed to the Secretary-General.

The General Assembly shall decide upon the steps, if any, to be taken in respect of such request.

Article XVII

The Secretary-General of the United Nations shall notify all Members of the United Nations and
the non-member States contemplated in article XI of the following:

(a) Signatures, ratifications and accessions received in accordance with article XI;

(b) Notifications received in accordance with article XII;

(c) The date upon which the present Convention comes into force in accordance with article
XIII;

(d) Denunciations received in accordance with article XIV;

(e) The abrogation of the Convention in accordance with article XV;

(f) Notifications received in accordance with article XVI.

Article XVIII
The original of the present Convention shall be deposited in the archives of the United Nations.

A certified copy of the Convention shall be transmitted to each Member of the United Nations
and to each of the non-member States contemplated in article XI.

Article XIX

The present Convention shall be registered by the Secretary-General of the United Nations on the
date of its coming into force.

ICJ
The International Court of Justice (French: Cour internationale de justice; commonly referred
to as the World Court or ICJ) is the primary judicial branch of the United Nations (UN). Seated
in the Peace Palace in The Hague, Netherlands, the court settles legal disputes submitted to it by
states and provides advisory opinions on legal questions submitted to it by duly authorized
international branches, agencies, and the UN General Assembly.

Activities

Established in 1945 by the UN Charter, the Court began work in 1946 as the successor to the
Permanent Court of International Justice (The Permanent Court of International Justice, often
called the World Court, existed from 1922 to 1946. It was an international court attached to the
League of Nations. Created in 1920 (although the idea of an international court was several
centuries old), the Court was initially well-received from states and academics alike, with many
cases submitted to it for its first decade of operation. With the heightened international tension of
the 1930s, the Court became less used. By a resolution by the League of Nations on 18 April
1946, the Court ceased to exist and was replaced by the International Court of Justice.)

The Statute of the International Court of Justice, similar to that of its predecessor, is the main
constitutional document constituting and regulating the Court.

The Court's workload covers a wide range of judicial activity. The five permanent members of
the United Nations Security Council (France, Russia, China, the United Kingdom, and the
United States).

Composition
Judges of the International Court of Justice
The ICJ is composed of fifteen judges elected to nine-year terms by the UN General Assembly
and the UN Security Council from a list of people nominated by the national groups in the
Permanent Court of Arbitration. The election process is set out in Articles 4–19 of the ICJ
statute. Elections are staggered, with five judges elected every three years to ensure continuity
within the court. Should a judge die in office, the practice has generally been to elect a judge in a
special election to complete the term.

No two judges may be nationals of the same country. According to Article 9, the membership of
the Court is supposed to represent the "main forms of civilization and of the principal legal
systems of the world". Essentially, that has meant common law, civil law and socialist law (now
post-communist law).

There is an informal understanding that the seats will be distributed by geographic regions so
that there are five seats for Western countries, three for African states (including one judge of
francophone civil law, one of Anglophone common law and one Arab), two for Eastern
European states, three for Asian states and two for Latin American and Caribbean states. The
five permanent members of the United Nations Security Council (France, Russia, China, the
United Kingdom, and the United States) always have a judge on the Court, thereby occupying
three of the Western seats, one of the Asian seats and one of the Eastern European seats. The
exception was China, which did not have a judge on the Court from 1967 to 1985 because it did
not put forward a candidate.

Article 6 of the Statute provides that all judges should be "elected regardless of their nationality
among persons of high moral character" who are either qualified for the highest judicial office in
their home states or known as lawyers with sufficient competence in international law. Judicial
independence is dealt with specifically in Articles 16–18.

Judges of the ICJ are not able to hold any other post or act as counsel. In practice, Members of
the Court have their own interpretation of these rules and allow them to be involved in outside
arbitration and hold professional posts as long as there is no conflict of interest. A judge can be
dismissed only by a unanimous vote of the other members of the Court.

Judges may deliver joint judgments or give their own separate opinions. Decisions and Advisory
Opinions are by majority, and, in the event of an equal division, the President's vote becomes
decisive.

Ad hoc judges

Thus, an ad hoc committee is formed for a specific purpose, usually appointed to solve a
particular problem. An ad hoc attorney is one hired to handle one problem only often is a
specialist in a particular area or considered especially able to argue a key point.
Article 31 of the statute sets out a procedure whereby ad hoc judges sit on contentious cases
before the Court. The system allows any party to a contentious case if it otherwise does not have
one of that party's nationals sitting on the Court to select one additional person to sit as a judge
on that case only. It is thus possible that as many as seventeen judges may sit on one case.

The system may seem strange when compared with domestic court processes, but its purpose is
to encourage states to submit cases. For example, if a state knows that it will have a judicial
officer who can participate in deliberation and offer other judges local knowledge and an
understanding of the state's perspective, it may be more willing to submit to the jurisdiction of
the court. Although this system does not sit well with the judicial nature of the body, it is usually
of little practical consequence. Ad hoc judges usually (but not always) vote in favor of the state
that appointed them and thus cancel each other out.

Chambers

Generally, the Court sits as full bench, but in the last fifteen years, it has on occasion sat as a
chamber. Articles 26–29 of the statute allow the Court to form smaller chambers, usually 3 or 5
judges, to hear cases. Two types of chambers are contemplated by Article 26: firstly, chambers
for special categories of cases, and second, the formation of ad hoc chambers to hear particular
disputes. In 1993, a special chamber was established, under Article 26(1) of the ICJ statute, to
deal specifically with environmental matters (although it has never been used).

Jurisdiction

As stated in Article 93 of the UN Charter, all 193 UN members are automatically parties to the
Court's statute. Non-UN members may also become parties to the Court's statute under the
Article 93(2) procedure. Once a state is a party to the Court's statute, it is entitled to participate in
cases before the Court. However, being a party to the statute does not automatically give the
Court jurisdiction over disputes involving those parties. The issue of jurisdiction is considered in
the two types of ICJ cases: contentious issues and advisory opinions.

Contentious issues

In contentious cases (adversarial proceedings seeking to settle a dispute), the ICJ produces a
binding ruling between states that agree to submit to the ruling of the court. Only states may be
parties in contentious cases. Individuals, corporations, parts of a federal state, NGOs, UN organs
and self-determination groups are excluded from direct participation in cases although the Court
may receive information from public international organizations.

Advisory opinions

An advisory opinion is a function of the Court open only to specified United Nations bodies and
agencies. On receiving a request, the Court decides which states and organizations might provide
useful information and gives them an opportunity to present written or oral statements. Advisory
opinions were intended as a means by which UN agencies could seek the Court's help in deciding
complex legal issues that might fall under their respective mandates.

In principle, the Court's advisory opinions are only consultative in character but they are
influential and widely respected. Certain instruments or regulations can provide in advance that
the advisory opinion shall be specifically binding on particular agencies or states, but inherently,
they are non-binding under the Statute of the Court. This non-binding character does not mean
that advisory opinions are without legal effect because the legal reasoning embodied in them
reflects the Court's authoritative views on important issues of international law and in arriving at
them; the Court follows essentially the same rules and procedures that govern its binding
judgments delivered in contentious cases submitted to it by sovereign states.

An advisory opinion derives its status and authority from the fact that it is the official
pronouncement of the principal judicial organ of the United Nations.

Advisory opinions have often been controversial because the questions asked are controversial or
the case was pursued as an indirect way of bringing what is really a contentious case before the
Court. Examples of advisory opinions can be found in the section advisory opinions in the List of
International Court of Justice cases article. One such well-known advisory opinion is the Nuclear
Weapons Case.

ICJ and the Security Council

Article 94 establishes the duty of all UN members to comply with decisions of the Court
involving them. If parties do not comply, the issue may be taken before the Security Council
for enforcement action.

Chapter vii: ACTION WITH RESPECT TO THREATS TO THE PEACE, BREACHES OF THE PEACE,
AND ACTS OF AGGRESSION

 Article 41

The Security Council may decide what measures not involving the use of armed force are to be
employed to give effect to its decisions, and it may call upon the Members of the United Nations
to apply such measures. These may include complete or partial interruption of economic
relations and of rail, sea, air, postal, telegraphic, radio, and other means of communication, and
the severance of diplomatic relations.

Article 42

Should the Security Council consider that measures provided for in Article 41 would be
inadequate or have proved to be inadequate, it may take such action by air, sea, or land forces as
may be necessary to maintain or restore international peace and security. Such action may
include demonstrations, blockade, and other operations by air, sea, or land forces of Members of
the United Nations.

Law applied

When deciding cases, the Court applies international law as summarized in Article 38 of the ICJ
Statute, which provides that in arriving at its decisions the Court shall apply international
conventions, international custom and the "general principles of law recognized by civilized
nations." It may also refer to academic writing ("the teachings of the most highly qualified
publicists of the various nations") and previous judicial decisions to help interpret the law
although the Court is not formally bound by its previous decisions under the doctrine of stare
decisis. Article 59 makes clear that the common law notion of precedent or stare decisis does not
apply to the decisions of the ICJ. The Court's decision binds only the parties to that particular
controversy. Under 38(1) (d), however, the Court may consider its own previous decisions.

If the parties agree, they may also grant the Court the liberty to decide ex aequo et bono ("in
justice and fairness"), granting the ICJ the freedom to make an equitable decision based on what
is fair under the circumstances. That provision has not been used in the Court's history. So far,
the International Court of Justice has dealt with about 130 cases.

Procedure

The ICJ is vested with the power to make its own rules. Court procedure is set out in the Rules of
Court of the International Court of Justice 1978 (as amended on 29 September 2005).

Cases before the ICJ will follow a standard pattern. The case is lodged by the applicant that files
a written memorial setting out the basis of the Court's jurisdiction and the merits of its claim. The
respondent may accept the Court's jurisdiction and file its own memorial on the merits of the
case.

Preliminary objections

A respondent that does not wish to submit to the jurisdiction of the Court may raise Preliminary
Objections. Any such objections must be ruled upon before the Court can address the merits of
the applicant's claim. Often, a separate public hearing is held on the Preliminary Objections and
the Court will render a judgment. Respondents normally file Preliminary Objections to the
jurisdiction of the Court and/or the admissibility of the case. Inadmissibility refers to a range of
arguments about factors the Court should take into account in deciding jurisdiction, such as the
fact that the issue is not justiciable or that it is not a "legal dispute".

In addition, objections may be made because all necessary parties are not before the Court. If the
case necessarily requires the Court to rule on the rights and obligations of a state that has not
consented to the Court's jurisdiction, the Court does not proceed to issue a judgment on the
merits.

If the Court decides it has jurisdiction and the case is admissible, the respondent then is required
to file a Memorial addressing the merits of the applicant's claim. Once all written arguments are
filed, the Court holds a public hearing on the merits.

Once a case has been filed, any party (usually the applicant) may seek an order from the Court to
protect the status quo pending the hearing of the case. Such orders are known as Provisional (or
Interim) Measures and are analogous to interlocutory injunctions in United States law. Article 41
of the statute allows the Court to make such orders. The Court must be satisfied to have prima
facie jurisdiction to hear the merits of the case before it grants provisional measures.

Applications to intervene

In cases in which a third state's interests are affected, that state may be permitted to intervene in
the case and participate as a full party. Under Article 62, a state "with an interest of a legal
nature" may apply; however, it is within the Court's discretion whether or not to allow the
intervention. Intervention applications are rare, and the first successful application occurred only
in 1991.

Judgment and remedies

Once deliberation has taken place, the Court issues a majority opinion. Individual judges may
issue concurring opinions (if they agree with the outcome reached in the judgment of the court
but differ in their reasoning) or dissenting opinions (if they disagree with the majority). No
appeal is possible, but any party may ask for the court to clarify if there is a dispute as to the
meaning or scope of the court's judgment.

Pakistan says Vienna Convention doesn't apply to spies

IANS | The Hague

May 15, 2017 | 08:04 PM

A screengrab of QC Khawar Qureshi as he pleads at the International Court of Justice from
Pakistan's side (IANS)

Pakistan on Monday rejected India's attempts to invoke the jurisdiction of the International Court
of Justice (ICJ) to save the life of alleged spy Kulbushan Jadhav, saying provisions of the Vienna
Convention did not apply on spies, terrorists and those who indulge in espionage.

Rebutting India's case before the ICJ, Counsel Khawar Qureshi asserted that this forum is not a
criminal court of appeal nor does it exercise criminal jurisdiction.

"India's plea for invoking provisions of Article 36 of the Vienna Convention is not relevant in
this case. The Vienna Convention was adopted for better communication between friendly
countries. But it cannot apply in this case of a spy set up by a state.

"It is clear from the Vienna Convention that the provision being sought under Article 36 by India
cannot be entertained by this court," Qureshi said in his 45-minute reply to arguments put forth
by Indian counsel Harish Salve earlier.
At the end of the Pakistani argument, ICJ President Ronny Abraham announced that the court
would give its verdict in the case "as soon as possible".

The date will be delivered at a public sitting, Abraham said.

At the outset, Qureshi said India was invoking the jurisdiction of the court for "political theatre"
and described as "bizzare" the description of Jadhav's trial as a kangaroo court.

Dismissing India's contention that it invoked the jurisdiction of the court because of the
"imminent" possibility of execution of Jadhav, Qureshi said the court was bound to settle
disputes between countries peacefully and not waste time on issues sought to be raised for
political purpose.

In this regard, he cited the possibility of clemency which was mentioned by Pakistan Foreign
Advisor Sartaj Aziz.

Vienna Convention on Consular Relations

Vienna Convention on Consular Relations

Parties to the convention

  Parties

  Signatories

  Non-signatories

Drafted 22 April 1963

Signed 24 April 1963

Location Vienna

Effective 19 March 1967

Condition Ratification by 22 states

Signatories 48

Parties 179 (as of May 2016)

Depositary UN Secretary-General

Citations 500 U.N.T.S. 95; 23 U.S.T. 3227

Languages Chinese, English, French, Russian and Spanish

The Vienna Convention on Consular Relations of 1963 is an international treaty that defines a
framework for consular relations between independent states. A consul normally operates out of
an embassy in another country, and performs two functions: (1) protecting in the host country the
interests of their countrymen, and (2) furthering the commercial and economic relations between
the two states. While a consul is not a diplomat, they work out of the same premises, and under
this treaty they are afforded most of the same privileges, including a variation of diplomatic
immunity called consular immunity. The treaty has been ratified by 179 states.

Key provisions

The treaty is an extensive document, containing 79 articles. Following is a basic overview of its
key provisions. For a comprehensive enumeration of all articles, consult the original text.

 Article 5. Thirteen functions of a consul are listed, including protecting in the receiving state the
interests of the sending state and its nationals, as well as developing the commercial, economic,
cultural, and scientific relations between the two states.
 Article 23. The host nation may at any time and for any reason declare a particular member of
the consular staff to be persona non grata. The sending state must recall this person within a
reasonable period of time, or otherwise this person may lose their consular immunity.
 Article 31. The host nation may not enter the consular premises, and must protect the premises
from intrusion or damage.
 Article 35. Freedom of communication between the consul and their home country must be
preserved. A consular bag must never be opened. A consular courier must never be detained.
 Article 36. Foreign nationals who are arrested or detained be given notice "without delay" of
their right to have their embassy or consulate notified of that arrest. If the detained foreign
national so requests, the police must fax that notice to the embassy or consulate, which can
then check up on the person. The notice to the consulate can be as simple as a fax, giving the
person's name, the place of arrest, and, if possible, something about the reason for the arrest or
detention.
State parties to the convention

  Parties

  Signatories

  Non-signatory UN member states

There are 179 state parties to the convention including most UN member states and UN observer
states Holy See and State of Palestine. The signatory states that have not ratified the convention
are: Central African Republic, Israel, Ivory Coast and Republic of Congo. The UN member
states that have neither signed nor ratified the convention are: Afghanistan, Burundi, Chad,
Comoros, Guinea-Bissau, Ethiopia, Palau, San Marino, Solomon Islands, South Sudan,
Swaziland and Uganda.
ICC
  

The International Criminal Court (ICC) investigates and, where warranted, tries individuals
charged with the gravest crimes of concern to the international community: genocide, war crimes
and crimes against humanity.

History
17 July 1998

Rome Statute adopted by 120 States

The Rome Statute of the International Criminal Court (often referred to as the International
Criminal Court Statute or the Rome Statute) is the treaty that established the International
Criminal Court (ICC).It was adopted at a diplomatic conference in Rome on 17 July 1998 and it
entered into force on 1 July 2002.As of March 2016, 124 states are party to the statute. Among
other things, the statute establishes the court's functions, jurisdiction and structure.

The Rome Statute established four core international crimes: genocide, crimes against humanity,
war crimes, and the crime of aggression. Those crimes "shall not be subject to any statute of
limitations". Under the Rome Statute, the ICC can only investigate and prosecute the four core
international crimes in situations where states are "unable" or "unwilling" to do so themselves.
The court has jurisdiction over crimes only if they are committed in the territory of a state party
or if they are committed by a national of a state party; an exception to this rule is that the ICC
may also have jurisdiction over crimes if its jurisdiction is authorized by the United Nations
Security Council.

1 July 2002

Rome Statute ratified by 60 States

 

Rome Statute took effect upon ratification by 60 States, officially establishing the ICC. Since it
has no retroactive (back dated) jurisdiction, the ICC deals with crimes committed on or after this
date.
"This cause … is the cause of all humanity”

Former United Nations Secretary-General Kofi Annan

The Court is participating in a global fight to end impunity, and through international criminal
justice, the Court aims to hold those responsible accountable for their crimes and to help prevent
these crimes from happening again.

The Court cannot reach these goals alone. As a court of last resort, it seeks to complement, not
replace, national Courts. Governed by an international treaty called the Rome Statute, the ICC is
the world’s first permanent international criminal court.

Towards stability and lasting peace

Justice is a key prerequisite for lasting peace. International justice can contribute to long‐term
peace, stability and equitable development in post‐conflict societies. These elements are
foundational for building a future free of violence. 

 
 Key features

Trials are fair

ICC judges conduct judicial proceedings and ensure the fairness of proceedings.

The Prosecution is independent

The Office of the Prosecutor is an independent organ of the Court. The Prosecutor conducts
preliminary examinations, investigations and is the only one who can bring cases before the
Court.
  

Defendants' rights are upheld

Defendants are entitled to public, fair proceedings that they can follow in a language they fully
understand. 

Victims' voices are heard

Victim's voices are heard in the Courtroom, as the Rome Statute grants victims unprecedented
rights to participate in ICC proceedings.
  

Participating victims and witnesses are protected

The ICC has a victim and witness protection programme that uses both operational and
procedural protective measures.

Outreach creates two-way dialogue

The Court engages in two-way dialogue directly with communities that have suffered from
crimes under its jurisdiction, so that they can communicate directly with the Court and gain a
sense of ownership in the judicial process.
The fight against impunity continues

By supporting the Court, the countries that have joined the Rome Statute system have taken a
stand against those who, in the past, would have had no one to answer to after committing
widespread, systematic international crimes. The ICC calls on all countries to join the fight
against impunity, so that perpetrators of such crimes are punished, and to help prevent future
occurrences of these crimes
 Facts and Figures

Today the Court has:

Over 800 staff members: From approximately 100 States.

6 official languages: English, French, Arabic, Chinese, Russian and Spanish.

6 field offices: Kinshasa and Bunia (Democratic Republic of the Congo, "DRC"); Kampala (Uganda);
Bangui (Central African Republic, "CAR"); Nairobi (Kenya), Abidjan (Côte d'Ivoire).

2 working languages: English and French.

Headquarters: The Hague, the Netherlands.

2016 budget: €139.5 million.

There have thus far been 23 cases before the Court, with some cases having more than one
suspect.  

ICC judges have issued 29 arrest warrants. Thanks to cooperation from States, 8 persons have
been detained in the ICC detention centre and have appeared before the Court. 13 persons remain
at large. Charges have been dropped against 3 persons due to their deaths.

ICC judges have also issued 9 summonses to appear.

The judges have issued 6 verdicts: 9 individuals have been found guilty and 1 has been
acquitted. 
Rights of the child

There are following four major forms of child abuse:

1. Physical Abuse
2. Emotional Abuse
3. Sexual Abuse
4. Neglect

Physical abuse
This involves hitting, shaking, throwing, poisoning, burning or scalding, drowning,
suffocating, or otherwise causing physical harm to a child.   Physical harm may also be
caused when a parent or care giver fabricates the symptoms of, or deliberately causes hurt
to a child.

Emotional abuse
The emotional maltreatment of a child such as to cause severe and persistent adverse
effects on the child’s emotional development. It may involve conveying to children that they
are worthless or unloved, inadequate, or valued only insofar as they meet the needs of
another person.  It may include not giving the child opportunities to express their views,
deliberately silencing them or 'making fun' of what they say or how they communicate.  It
may feature age developmentally inappropriate expectations being imposed on children. 
These may include interactions that are beyond the child's developmental capability, as
well as overprotection and limitation of exploration and learning, or preventing the child
participating in normal social interaction.  It may involve seeing or hearing the ill-
treatment of another.  It may involve serious bullying (including cyber bullying), causing
children frequently to feel frightened or in danger, or the exploitation or corruption of
children.  Some level of emotional abuse is involved in all types of maltreatment of a child,
though it may occur alone.

Sexual abuse
This involves forcing or enticing a child or young person to take part in sexual activities,
not necessarily involving a high level of violence, whether or not the child is aware of what
is happening.  The activities may involve physical contact, including assault by penetration
(for example, rape or oral sex) or non-penetrative acts such as masturbation, kissing,
rubbing and touching outside of clothing.  They may also include non-contact activities,
such as involving children in looking at, or in the production of, sexual images, watching
sexual activities, encouraging children to behave in sexually inappropriate ways, or
grooming a child in preparation for abuse (including via the internet).  Sexual abuse is not
solely perpetrated by adult males.  Women can also commit acts of sexual abuse, as can
other children.

Neglect
It is the persistent failure to meet a child’s basic physical and/or psychological needs, likely
to result in the serious impairment of the child’s health or development.  Neglect may occur
during pregnancy as a result of maternal substance abuse.  Once a child is born, neglect
may involve a parent or care giver failing to:

• provide adequate food and clothing, shelter including exclusion from home or
abandonment:
• to protect a child from physical and emotional harm or danger:
• ensure adequate supervision (including the use of inadequate care-givers: or 
• ensure access to appropriate medical care or treatment

What should juveniles do on arrest?

1. Juveniles should ask the police to contact their parents.
2. If the juveniles are going to be asked questions or charged they should request that their
parents and lawyers are present.
3. Juveniles should refuse to make any statements to the police unless their parents are present.
4. Juveniles should not fight with, or shout at the police because this may result in more charges
being brought against them. They may also spend more time being held by the police.
5. If the charges are serious, juveniles should refuse to make any statements or answer any
questions unless their parents and lawyers are present.
6. If juveniles or their families cannot afford lawyers they should consult a legal aid officer.
 7. After being arrested juveniles should ask to be released into the custody of their parents, an
official or be put in a place of safety to await their trial. If the police refuse this, juveniles must
await their court appearance and then ask the Magistrate to release them so that they can wait
for trial in one of the ways described above.
8. Juveniles who are mistreated or abused by the police should inform their parents, their lawyers,
or the Magistrate if they appear in court. If they are not brought to court but visited by a district
doctor they should inform the doctor. It is important to obtain help from a lawyer as soon as
possible.

Protection of the Rights of Minor Party to litigation in Court

Every suit by a minor must be instituted through his next friend. If suit is instituted without
next friend, the Court may make such order in the matter as it thinks fit. If the person
against whom the case is filed is minor defendant, the Court shall appoint a proper person
to be guardian for the suit for such minor. Such guardian shall have no interest in the
matters in controversy in the suit adverse to that of the minor.

Where there is no other person fit and willing to act as guardian, the Court may appoint any
of its officers to be such guardian. The guardian is charged with the custody of the ward
and must care for his support, health and education and such other matters as required
under the relevant law (Section 24).

The next friend or guardian of the child for a suit cannot receive any money or other
movable property on behalf of a minor. Furthermore, without the leave of the Court, no
next friend or guardian can enter into any agreement or compromise on behalf of a minor
with reference to the suit, in which he acts as next friend or guardian and such agreement
or compromise without leave of the Court shall be voidable.

Civil Procedure Code (CPC), Order XXXII

A minor on attaining majority may, apply that a suit instituted in his name by his next
friend be dismissed on the ground that it was unreasonable or improper:
 For continued failure to perform the duties of his trust;
 for incapacity to perform the duties of his trust; and for ill-treatment, or neglect to
take proper care, of his ward.
 Pakistan Penal Code
Protection of Children in Conflict with Law

Age of criminal liability

The minimum age for criminal responsibility is seven years, although children between
seven and twelve can only be held criminally responsible, if the court determines they were
mature enough to understand the consequences of their actions.
Prohibition of exposure and abandonment of child under twelve years
Exposure and abandonment of child under twelve years by parent or person responsible
for the care of the child is an offence (Section 328)

Prohibition of Corporal Punishment

The law prohibits corporal punishment to children in all settings, except where the parents,
teachers and other guardians to use corporal punishment as a means to discipline and
correct the behavior of children under 12 years of age, though the punishment is required
to be moderate and reasonable.

Pre - birth protection of child

The execution of a pregnant woman in Qisas is deferred up to a period of two years after
the birth of the child (Section 314(3), PPC).

Intentional miscarriage
The acts of Isqat-i-Hamal (causing woman with child whose organs have not been formed,
to miscarriage) and Isqat-i-Janin (causing woman with child some of whose limbs or organs
have been formed to miscarriage), are criminalized.

Concealment of a child’s birth

The law also criminalizes the concealment of birth by secret disposal of dead body of a
child. (Section 329 PPC).
 Pakistan Prison Rules, 1978
Protection of under trial and convict juvenile
Following special measures for the protection and reforms of the under trial and convicted
juvenile and youthful offender (Rule 280):

 Medical examination at the time of admission;

 Juveniles admission in the Borstal Institution and Juvenile Prison (Rules 282 – 304 )
with appropriate residential, educational and vocational training facilities.; supply
of blanket in severe cold weather (Rule 132(ii)); accommodation of male juveniles
separate from adult males (Rule 184); women prisoners are kept completely apart
from male prisoners; prohibition on wearing of fetters (Rule 301(v)); confinement
of juvenile inmates in cells both by day and night, in preference to any other class of
prisoners (Rules 236(a)
 In the event of a child being born in a prison, notice of the birth shall be sent to the
municipal authorities (Rule 325).
 The notice of the date of release of every juvenile prisoner is given one month
before such date, be sent to his relatives to receive him at prison on release. (Rule
138(i).

Juvenile Justice System Ordinance, 2000

A child cannot be charged with or tried for an offence together with an adult.

The children arrested for a non-bailable offence must be produced before the
juvenile court within 24 hours of arrest.

A child arrested for a bailable offence should be released on bail, with or without
surety, unless there are “reasonable grounds” for believing that a release would “bring him
into association with any criminal or expose the child to any danger”

To protect the privacy of accused children, the Court does not allow anyone during
proceedings of the case except the members and officers of the juvenile court, parties to the
case and persons directly concerned with the proceedings, and the child’s guardian to be
present during hearings.

The juvenile can neither be awarded death penalty or rigorous imprisonment

The child cannot be handcuffed and/or put in fetters or given any corporal punishment at
any time in custody, except when there is a danger of the child escaping (Section 12).

An accused child has the right to be represented at the state’s expense by a lawyer
with at least five years’ experience in the relevant provincial bar (Section 3). However, no
province has passed a budgetary allocation in this regard as yet. However, Punjab and KPK
have notified five and seven panels of lawyers respectively for the purpose.

Pakistan Bait-ul-Maal Act-1991

The law provides that the money in the Bait-ul-Mal shall be utilized for the residential
accommodation and necessary facilities to the persons including orphans, throughout the
country, having accommodation of 100 Orphan Children (4-6 Years of ages) in
each. (Section 4(a) read with (b)).
Convention on the Rights of the Child

Adopted and opened for signature, ratification and accession by General Assembly
resolution 44/25 of 20 November 1989
entry into force 2 September 1990, in accordance with article 49

Preamble

The States Parties to the present Convention,

Considering that, in accordance with the principles proclaimed in the Charter of the United
Nations, recognition of the inherent dignity and of the equal and inalienable rights of all
members of the human family is the foundation of freedom, justice and peace in the world,

Bearing in mind that the peoples of the United Nations have, in the Charter, reaffirmed their faith
in fundamental human rights and in the dignity and worth of the human person, and have
determined to promote social progress and better standards of life in larger freedom,

Recognizing that the United Nations has, in the Universal Declaration of Human Rights and in
the International Covenants on Human Rights, proclaimed and agreed that everyone is entitled to
all the rights and freedoms set forth therein, without distinction of any kind, such as race, colour,
sex, language, religion, political or other opinion, national or social origin, property, birth or
other status,

Recalling that, in the Universal Declaration of Human Rights, the United Nations has proclaimed
that childhood is entitled to special care and assistance,

Convinced that the family, as the fundamental group of society and the natural environment for
the growth and well-being of all its members and particularly children, should be afforded the
necessary protection and assistance so that it can fully assume its responsibilities within the
community,

Recognizing that the child, for the full and harmonious development of his or her personality,
should grow up in a family environment, in an atmosphere of happiness, love and understanding,

Considering that the child should be fully prepared to live an individual life in society, and
brought up in the spirit of the ideals proclaimed in the Charter of the United Nations, and in
particular in the spirit of peace, dignity, tolerance, freedom, equality and solidarity,

Bearing in mind that the need to extend particular care to the child has been stated in the Geneva
Declaration of the Rights of the Child of 1924 and in the Declaration of the Rights of the Child
adopted by the General Assembly on 20 November 1959 and recognized in the Universal
Declaration of Human Rights, in the International Covenant on Civil and Political Rights (in
particular in articles 23 and 24), in the International Covenant on Economic, Social and Cultural
Rights (in particular in article 10) and in the statutes and relevant instruments of specialized
agencies and international organizations concerned with the welfare of children,

Bearing in mind that, as indicated in the Declaration of the Rights of the Child, "the child, by
reason of his physical and mental immaturity, needs special safeguards and care, including
appropriate legal protection, before as well as after birth",

Recalling the provisions of the Declaration on Social and Legal Principles relating to the
Protection and Welfare of Children, with Special Reference to Foster Placement and Adoption
Nationally and Internationally; the United Nations Standard Minimum Rules for the
Administration of Juvenile Justice (The Beijing Rules); and the Declaration on the Protection of
Women and Children in Emergency and Armed Conflict, Recognizing that, in all countries in the
world, there are children living in exceptionally difficult conditions, and that such children need
special consideration,

Taking due account of the importance of the traditions and cultural values of each people for the
protection and harmonious development of the child, Recognizing the importance of
international co-operation for improving the living conditions of children in every country, in
particular in the developing countries,

Have agreed as follows:

Summary of United Nations Convention on the Rights of the Child

The Convention on the Rights of the Child | Keeping the promise to the world's children

1. A child means every human being under the age of eighteen years, unless, under
the applicable to the child, majority is attained earlier.
2. Every child has the inherent right to life.
3. Every child shall have the right from birth to a name, the right to acquire a
nationality, and the right to know and be cared for by his parents.
4. Every child has the right to preservation of his or her identity.
5. Every child who is separated from his parents has the right to maintain personal
relations and direct contact with both parents on a regular basis, except if it is
contrary to the child's best interests.
6. Every child has the right to leave any country, including their own.
7. Every child has the right to express his/her own views freely in all matters affecting
the.
8. Every child has the right to freedom of expression.
9. Every child has the right to freedom of thought, conscience and religion.
10. Every child has the right to freedom of association and to freedom of peaceful
assembly.
11. Every child has the right to privacy.
12. Every child has the right to protection of the law in case of interference or attacks
on said privacy.
13. Every child has the right to access information and material from a diversity of
national and international sources, especially those aimed at the promotion of
his/her social, spiritual and moral will-being and physical and mental health.
14. Children of working parents have the right to benefit from child-care services and
facilities for which they are eligible.
15. Every child has the right to protection from all forms of abuse, physically or
mentally.
16. Every child temporarily or permanently deprived of his/her own family
environment has the right to special protection and assistance provided by the
state.
17. Every child who is seeking refugee status has the right to receive appropriate
protection and humanitarian assistance.
18. Every mentally or physically disabled child has the right to enjoy a full and decent
life, in conditions which ensure dignity and promote self-reliance.
19. Every child has the right to the highest attainable standard of health and to
facilities for the treatment of illness and the rehabilitation of health.
20. Every child who has been "placed" by the competent authorities for the purposes
of care has the right to a periodic review of the treatment provided the child and
all other circumstances relevant to his/her placement.
21. Every child has the right to benefit from social security, including social insurance.
22. Every child has the right to a standard of living adequate for the child's physical,
mental, spiritual, moral and social development.
23. Every child has the right to education.
24. Every child has the right to enjoy his/her own culture, to profess and practice
his/her own religion and to use his/her own language.
25. Every child has the to engage in play, recreational activities, and to participate
freely in cultural life and the arts.
26. Every child has the right to be protected from economic exploitation.
27. Every child has the right to be protected from the illicit use of narcotic drugs, and
from being used in the illicit production and trafficking of such substances.
28. Every child has the right to be protected from all forms of sexual exploitation and
sexual abuse.
29. Every child alleged as or accused of having infringed the penal law has the right to
be presumed innocent until proven guilty.
30. Every child has the right to prompt access to legal and other assistance.
31. Neither capital punishment nor life imprisonment will be imposed for offenses
committed by persons below 18 years of age.
32. Every child has the right to protection during times of war.
The United Nations Children's Fund (UNICEF; /ˈjuːnᵻsɛf/) is a United Nations (UN)
programme headquartered in New York City that provides humanitarian and developmental
assistance to children and mothers in developing countries. It is a member of the United Nations
Development Group.

The United Nations International Children's Emergency Fund was created by the United
Nations General Assembly on 11 December 1946, to provide emergency food and healthcare to
children in countries that had been devastated by World War II. The Polish physician Ludwik
Rajchman is widely regarded as the founder of UNICEF and served as its first chairman. In
1950, UNICEF's mandate was extended to address the long-term needs of children and women in
developing countries everywhere. In 1953 it became a permanent part of the United Nations
System, and the words "international" and "emergency" were dropped from the organization's
name, making it simply the United Nations Children's Fund, retaining the original acronym,
"UNICEF".

UNICEF relies on contributions from governments and private donors, UNICEF's total income
for 2008 was US$3,372,540,239. Governments contribute two-thirds of the organization's
resources. Private groups and some six million individuals contribute the rest through national
committees. It is estimated that 92 per cent of UNICEF revenue is distributed to programme
services.[7] UNICEF's programmes emphasize developing community-level services to promote
the health and well-being of children. UNICEF was awarded the Nobel Peace Prize in 1965 and
the Prince of Asturias Award of Concord in 2006.

Most of UNICEF's work is in the field, with staff in over 190 countries and territories. More than
200 country offices carry out UNICEF's mission through programmes developed with host
governments. Seven regional offices provide technical assistance to country offices as needed.

UNICEF's Supply Division is based in Copenhagen and serves as the primary point of
distribution for such essential items as vaccines, antiretroviral medicines for children and
mothers with HIV, nutritional supplements, emergency shelters, family reunification,and
educational supplies. A 36-member executive board establishes policies, approves programmes
and oversees administrative and financial plans. The executive board is made up of government
representatives who are elected by the United Nations Economic and Social Council, usually for
three-year terms.
UNICEF School in a box contains basic educational items for one teacher and 40 students
Convention On the Elimination of All Forms of Discrimination
Against Women, 1979.

CEDAW TREATY SUMMARY

CEDAW consists of a preamble and 30 articles. It is a statement of principles, with a basic structure &
process to enable their implementation. The following is a summary of the 30 articles:

Article 1: Defines discrimination against women as any “distinction, exclusion or restriction made on
the basis of sex which has the effect or purpose of impairing or nullifying the recognition, enjoyment or
exercise by women, irrespective of marital status, on the basis of equality between men and women, of
human rights or fundamental freedoms in the political, economic, social, cultural, civil or any other field.”

Article 2: Mandates that States Parties condemn discrimination in all its forms and ensure a legal
framework including all laws, policies and practices that provides protection against discrimination and
embodies the principle of equality.

Article 3: Requires States Parties to take action in all fields – civil, political, economic, social, and
cultural – to guarantee women’s human rights.

Article 4: Permits States Parties to take “temporary special measures” to accelerate equality.

Article 5: Declares the need to take appropriate measures to modify cultural patterns of conduct, as
well as the need for family education to recognize the social function of motherhood and the common
responsibility for raising children.

Article 6: Obligates States Parties to take measures to suppress the trafficking of women and the
exploitation of prostitution of women.

Article 7: Mandates States Parties end discrimination against women in political and public life and
ensure women’s equal rights to vote, be eligible for election, participate in the formulation of policy, hold
office, and participate in associations and non-governmental organizations.
Article 8: Requires measures allowing women to represent their governments internationally on an
equal basis with men.

Article 9: Mandates that women have equal rights with men to acquire, change, or retain their
nationality and that of their children.

Article 10: Obligates States Parties to end discrimination in education, including in professional and
vocational training, access to curricula and other means of receiving an equal education as well as to
eliminate stereotyped concepts of the roles of men and women.

Article 11: Mandates the end of discrimination in the field of employment, including the right to work,
employment opportunities, equal remuneration, free choice of profession and employment, social
security, and protection

of health including maternal health, and also in regard to discrimination on the grounds of marriage or
maternity.

Article 12: Requires steps to eliminate discrimination in health care, including access to services such as
family planning,

Article 13: Requires that women be ensured the same rights as men in all areas of social and economic
life, such as family benefits, mortgages, bank loans, and participation in recreational activities and
sports.

Article 14: Focuses on the particular problems faced by rural women, including the areas of women’s
participation in development planning, access to adequate health care, credit, education, and adequate
living conditions.

Article 15: Obligates States Parties to take steps to ensure equality before the law and the same legal
capacity to act in such areas as contracts, administration of property, and choice of residence.

Article 16: Requires steps to ensure equality in marriage and family relations including equal rights
with men to freely choose marriage, equal rights and responsibilities toward children, including the right
to freely determine the number and spacing of children and the means to do so, and the same rights to
property.
Article 17: Calls for the establishment of the Committee on the Elimination of Discrimination Against
Women (CEDAW) to evaluate progress made in implementation of the Convention.

Article 18: Establishes a schedule for reporting on progress by ratifying countries.

Article 19: Allows the CEDAW Committee procedural rules and sets a two-year term for its officers.

Article 20: Sets annual CEDAW meetings to review States Parties’ reports.

Article 21: Directs the CEDAW Committee to report annually to the General Assembly and to make
suggestions and general recommendations based on the States Parties’ reports.

Article 22: Allows for representation of specialized agencies of the UN and for CEDAW to invite
reports from them.

Articles 23-30: Outlines elements for operations and enforcement of the treaty, permissible
reservations, and how disputes between States Parties can be settled.
Amnesty International

It is better to light a
Motto candle than to curse
the darkness.

July 1961; 55 years
Founded ago
United Kingdom
 Founder Peter Benenson

Non-profit
Type
INGO

London, England,
Headquarters
U.K.

Location  Global

Protecting human
Services
rights

Legal advocacy,
Media attention,
Fields direct-appeal
campaigns,
research, lobbying

More than 7 million

Members members and
supporters

Secretary-General Salil Shetty

Website

www.amnesty.org

”
Amne
sty
Intern
ationa
l's
vision
is of a
world
in
which
every
perso
n
enjoy
s all
of the
huma
n
rights
enshri
ned in
the
Unive
rsal
Decla
ration
of
Huma
n
Rights
and
other
intern
ationa
l
huma
n
rights
stand
ards.

In
pursu
it of
this
visio
n,
Amn
esty
Inter
natio
nal's
missi
on is
to
under
take
resea
rch
and
actio
n
focus
ed on
preve
nting
and
endin
g
grave
abuse
s of
the
rights
to
physi
cal
and
ment
al
integr
ity,
freed
om
of
consc
ience
and
expre
ssion,
and
freed
om
from
discri
minat
 ion,
withi
n the
conte
xt of
its
work
to
prom
ote
all
huma
n
rights
.
— Statute of
Amnesty
Internationa
l, 27th
Internationa
l Council
meeting,
2005

Amnesty International (commonly known as Amnesty and AI) is a non-governmental

organisation focused on human rights that claims to have over 7 million members and supporters
around the world. The stated objective of the organisation is "to conduct research and generate
action to prevent and end grave abuses of human rights, and to demand justice for those whose
rights have been violated."

Amnesty International was founded in London in 1961, following the publication of the article
"The Forgotten Prisoners" in The Observer on 28 May 1961, by the lawyer Peter Benenson.
Amnesty draws attention to human rights abuses and campaigns for compliance with
international laws and standards. It works to mobilise public opinion to put pressure on
governments that let abuse take place. Amnesty considers capital punishment to be "the ultimate,
irreversible denial of human rights". The organisation was awarded the 1977 Nobel Peace Prize
for its "campaign against torture," and the United Nations Prize in the Field of Human Rights in
1978.
In the field of international human rights organisations, Amnesty has the third longest history,
after the International Federation for Human Rights and broadest name recognition, and is
believed by many to set standards for the movement as a whole.

Amnesty International was founded in London in July 1961 by English labour lawyer Peter
Benenson. According to his own account, he was travelling in the London Underground on 19
November 1960 when he read that two Portuguese students from Coimbra had been sentenced to
seven years of imprisonment in Portugal for allegedly "having drunk a toast to liberty".
Researchers have never traced the alleged newspaper article in question. In 1960, Portugal was
ruled by the Estado Novo government of António de Oliveira Salazar. The government was
authoritarian in nature and strongly anti-communist, suppressing enemies of the state as anti-
Portuguese. In his significant newspaper article "The Forgotten Prisoners", Benenson later
described his reaction as follows:

"Open your newspaper any day of the week and you will find a story from somewhere of
someone being imprisoned, tortured or executed because his opinions or religion are
unacceptable to his government ... The newspaper reader feels a sickening sense of
impotence. Yet if these feelings of disgust could be united into common action, something
effective could be done."

The Observer newspaper, who, on 28 May 1961, published Benenson's article "The Forgotten
Prisoners". The article brought the reader's attention to those "imprisoned, tortured or executed
because his opinions or religion are unacceptable to his government “or, put another way, to
violations, by governments, of articles 18 and 19 of the Universal Declaration of Human Rights
(UDHR). The article described these violations occurring, on a global scale, in the context of
restrictions to press freedom, to political oppositions, to timely public trial before impartial
courts, and to asylum.

It marked the launch of "Appeal for Amnesty, 1961", the aim of which was to mobilise public
opinion, quickly and widely, in defence of these individuals, whom Benenson named "Prisoners
of Conscience". The "Appeal for Amnesty" was reprinted by a large number of international
newspapers. In the same year, Benenson had a book published, Persecution 1961, which detailed
the cases of nine prisoners of conscience investigated.

Prisoner of conscience (POC) is a term coined by Peter Benenson in a 28 May 1961 article
the term can refer to anyone imprisoned because of their race, sexual orientation, religion,
or political views. It also refers to those who have been imprisoned and/or persecuted for
the non-violent expression of their conscientiously held beliefs.

In July 1961 the leadership had decided that the appeal would form the basis of a permanent
organisation, Amnesty, with the first meeting taking place in London. Benenson ensured that all
three major political parties were represented, enlisting members of parliament from the Labour
Party, the Conservative Party, and the Liberal Party. On 30 September 1962, it was officially
named "Amnesty International". Between the "Appeal for Amnesty, 1961" and September 1962
the organisation had been known simply as "Amnesty".
What started as a short appeal soon became a permanent international movement working to
protect those imprisoned for non-violent expression of their views and to secure worldwide
recognition of Articles 18 and 19 of the UDHR. From the very beginning, research and
campaigning were present in Amnesty International's work.

A library was established for information about prisoners of conscience and a network of local
groups, called "THREES" groups, was started. Each group worked on behalf of three prisoners,
one from each of the then three main ideological regions of the world: communist, capitalist and
developing.

By the mid-1960s Amnesty International's global presence was growing and an International
Secretariat and International Executive Committee were established to manage Amnesty
International's national organisations, called "Sections", which had appeared in several countries.

Aside from the work of the library and groups, Amnesty International's activities were expanding
to helping prisoners' families, sending observers to trials, making representations to
governments, and finding asylum or overseas employment for prisoners. Its activity and
influence were also increasing within intergovernmental organisations; it would be awarded
consultative status by the United Nations, the Council of Europe and UNESCO before the
decade ended.

Amnesty International primarily targets governments, but also reports on non-governmental

bodies and private individuals ("non-state actors").

There are six key areas which Amnesty deals with:

 Women's, children's, minorities' and indigenous rights

 Ending torture
 Abolition of the death penalty
 Rights of refugees
 Rights of prisoners of conscience
 Protection of human dignity.

Some specific aims are to:

abolish the death penalty, end extra judicial executions and "disappearances," ensure prison
conditions meet international human rights standards,

ensure prompt and fair trial for all political prisoners,

ensure free education to all children worldwide,

decriminalise abortion, fight impunity from systems of justice,

end the recruitment and use of child soldiers,

free all prisoners of conscience, promote economic, social and cultural rights for marginalised
communities,

protect human rights defenders,

promote religious tolerance,

protect LGBT rights,

stop torture and ill-treatment, stop unlawful killings in armed conflict,

uphold the rights of refugees, migrants, and asylum seekers, and protect human dignity.

To further these aims, Amnesty International has developed several techniques to publicise
information and mobilise public opinion. The organisation considers as one of its strengths the
publication of impartial and accurate reports.

Reports are researched by:

Interviewing victims and officials, observing trials, working with local human rights activists,
and monitoring the media. It aims to issue timely press releases and publishes information in
newsletters and on web sites. It also sends official missions to countries to make courteous but
insistent inquiries.

Campaigns to mobilise public opinion can take the form of individual, country, or thematic
campaigns. Many techniques are deployed, such as direct appeals (for example, letter writing),
media and publicity work, and public demonstrations. Often, fund-raising is integrated with
campaigning.

In situations which require immediate attention, Amnesty International calls on existing urgent
action networks or crisis response networks; for all other matters, it calls on its membership. It
considers the large size of its human resources to be another of its key strengths.

The role of Amnesty International has an immense impact on getting citizens onboard with
focusing on human rights issues. These groups influence countries and governments to give their
people justice with pressure and in human resources.

An example of Amnesty International's work, which began in the 1960s, is writing letters to free
imprisoned people that were put there for non-violent expressions.
The group now has power, attends sessions, and became a source of information for the U.N.
The increase in participation of non-governmental organisations changes how we live today.

Felix Dodds states in a recent document: "In 1972 there were 39 democratic countries in the
world; by 2002, there were 139.This shows that non-governmental organisations make enormous
leaps within a short period of time for human rights.”

Funding

Amnesty International is financed largely by fees and donations from its worldwide membership.
It says that it does not accept donations from governments or governmental organisations.
According to the AI website, "these personal and unaffiliated donations allow AI to maintain full
independence from any and all governments, political ideologies, economic interests or religions.
We neither seek nor accept any funds for human rights research from governments or political
parties and we accept support only from businesses that have been carefully vetted. By way of
ethical fundraising leading to donations from individuals, we are able to stand firm and
unwavering in our defence of universal and indivisible human rights."

However, AI did receive grants from the UK Department for International Development, the
European Commission, the United States State Department and other governments.

AI (USA) was also funded by the Rockefeller Foundation.

Structure

Amnesty International Sections, 2012

The Amnesty Canadian headquarters in Ottawa.

Amnesty International is largely made up of voluntary members, but retains a small number of
paid professionals. In countries in which Amnesty International has a strong presence, members
are organised as "sections". Sections co-ordinate basic Amnesty International activities normally
with a significant number of members, some of whom will form into "groups", and a
professional staff. Each have a board of directors. In 2005 there were 52 sections worldwide.
"Structures" are aspiring sections. They also co-ordinate basic activities but have a smaller
membership and a limited staff. In countries where no section or structure exists, people can
become "international members". Two other organisational models exist: "international
networks", which promote specific themes or have a specific identity, and "affiliated groups",
which do the same work as section groups, but in isolation.

The organisations outlined above are represented by the International Council (IC) which is led
by the IC Chairperson. Members of sections and structures have the right to appoint one or more
representatives to the Council according to the size of their membership. The IC may invite
representatives from International Networks and other individuals to meetings, but only
representatives from sections and structures have voting rights. The function of the IC is to
appoint and hold accountable internal governing bodies and to determine the direction of the
movement. The IC convenes every two years.

The International Board (formerly known as the International Executive Committee [IEC]), led
by the International Board Chairperson, consists of eight members and the International
Treasurer. It is elected by, and accountable to, the IC, and meets at least two times during any
one year and in practice meets at least four times a year. The role of the International Board is to
take decisions on behalf of Amnesty International, implement the strategy laid out by the IC, and
ensure compliance with the organisation's statutes.

The International Secretariat (IS) is responsible for the conduct and daily affairs of Amnesty
International under direction from the International Board. It is run by approximately 500
professional staff members and is headed by a Secretary General. The Secretariat operates
several work programmes; International Law and Organisations; Research; Campaigns;
Mobilisation; and Communications. Its offices have been located in London since its
establishment in the mid-1960s.
Rules of war in Islam
Permission to fight is given to those against whom war is made, because they have been
wronged... Those who have been driven out from their homes unjustly only because they said,
'Our Lord is God' -- And if God did not repel some men by means of others, there would surely
have been pulled down temples and churches and synagogues and mosques... (22:40-41).

Thus, the permission -- not commandment -- to fight is defensive. And that fighting protects
temples, churches, synagogues, and mosques -- which is to say, universal religious freedom.

While critics and extremist groups both love to cite Quranic excerpts like "kill them where ye
find them," they ignore that such verses clearly refer to treatment of those who would violently
persecute Christians, Jews, or any person because of his faith. Indeed, Muhammad commanded
the following uncompromising rules of war:
O people! I charge you with ten rules; learn them well... for your guidance in the battlefield! Do
not commit treachery, or deviate from the right path. You must not mutilate dead bodies. Neither
kill a child, nor a woman, nor an aged man. Bring no harm to the trees, nor burn them with fire,
especially those which are fruitful. Slay not any of the enemy's flock, save for your food. You are
likely to pass by people who have devoted their lives to monastic services; leave them alone.

The Geneva Conventions

Henri Dunant, in full Jean-Henri Dunant (born May 8, 1828, Geneva, Switzerland—died
October 30, 1910, Heiden), Swiss humanitarian, founder of the Red Cross (now Red Cross and
Red Crescent) and the World’s Young Men’s Christian Association. He was co-winner (with
Frédéric Passy) of the first Nobel Prize for Peace in 1901.

An eyewitness of the Battle of Solferino (June 24, 1859), which resulted in nearly 40,000
casualties, Dunant organized emergency aid services for the Austrian and French wounded. In
Un Souvenir de Solférino (1862; A Memory of Solferino), he proposed the formation in all
countries of voluntary relief societies for the prevention and alleviation of suffering in war and
peacetime, without distinction of race or creed; he also proposed an international agreement
covering the war wounded. In 1863 he founded the International Committee for the Relief of the
Wounded (now International Committee of the Red Cross), and the following year the first
national societies and the first Geneva Convention came into being.

Having gone bankrupt because he neglected his business affairs, Dunant left Geneva in 1867 and
spent most of the rest of his life in poverty and obscurity. He continued to promote interest in the
treatment of prisoners of war, the abolition of slavery, international arbitration, disarmament, and
the establishment of a Jewish homeland. After he was “rediscovered” by a journalist in Heiden,
Switzerland, in 1895, Dunant received many honours and annuities.
Henri Dunant
Swiss humanitarian

Geneva Conventions
1864–1977

Geneva Conventions, a series of international treaties concluded in Geneva between 1864 and
1949 for the purpose of ameliorating the effects of war on soldiers and civilians. Two additional
protocols to the 1949 agreement were approved in 1977.

The development of the Geneva Conventions was closely associated with the Red Cross, whose
founder, Henri Dunant, initiated international negotiations that produced the Convention for the
Amelioration (betterment/ improvement) of the Wounded in Time of War in 1864. This
convention provided for:

(1) the immunity from capture and destruction of all establishments for the treatment of wounded
and sick soldiers and their personnel,

(2) the impartial reception and treatment of all combatants,(soldiers)

(3) the protection of civilians providing aid to the wounded, and

(4) the recognition of the Red Cross symbol as a means of identifying persons and equipment
covered by the agreement.

The 1864 convention was ratified within three years by all the major European powers as well as
by many other states. It was amended and extended by the second Geneva Convention in 1906,
and its provisions were applied to maritime warfare through the Hague conventions of 1899 and
1907. The third Geneva Convention, the Convention Relating to the Treatment of Prisoners of
War (1929), required that belligerents treat prisoners of war humanely, furnish information about
them, and permit official visits to prison camps by representatives of neutral states.

Because some belligerents in World War II had abused the principles contained in earlier
conventions, an International Red Cross conference in Stockholm in 1948 extended and codified
the existing provisions. The conference developed four conventions, which were approved in
Geneva on August 12, 1949:

(1) The Convention for the Amelioration of the Condition of the Wounded and Sick in Armed
Forces in the Field,

(2) The Convention for the Amelioration of the Condition of the Wounded, Sick, and
Shipwrecked Members of Armed Forces at Sea,

(3) The Convention Relative to the Treatment of Prisoners of War, and

(4) The Convention Relative to the Protection of Civilian Persons in Time of War.

The first two conventions elaborated on the principle that the sick and wounded have neutral
status.

The prisoner-of-war convention further developed the 1929 convention by requiring humane
treatment, adequate feeding, and the delivery of relief supplies and by forbidding pressure on
prisoners to supply more than a minimum of information.

The fourth convention contained little that had not been established in international law before
World War II. Although the convention was not original, the disregard of humanitarian
principles during the war made the restatement of its principles particularly important and timely.
The convention forbade inter alia the deportation of individuals or groups, the taking of hostages,
torture, collective punishment, offenses that constitute “outrages upon personal dignity,” the
imposition of judicial sentences (including executions) without due-process guarantees, and
discriminatory treatment on the basis of race, religion, nationality, or political beliefs.

In the decades following World War II, the large number of anticolonial and insurrectionary
wars threatened to render the Geneva Conventions obsolete. After four years of Red Cross-
sponsored negotiations, two additional protocols to the 1949 conventions, covering both
combatants and civilians, were approved in 1977.

The first, Protocol I, extended protection under the Geneva and Hague conventions to persons
involved in wars of “self-determination,” which were redefined as international conflicts. The
protocol also enabled the establishment of fact-finding commissions in cases of alleged breaches
of the convention.

The second protocol, Protocol II, extended human rights protections to persons involved in
severe civil conflicts, which had not been covered by the 1949 accords. It specifically prohibited
collective punishment, torture, the taking of hostages, acts of terrorism, slavery, and “outrages on
the personal dignity, in particular humiliating and degrading treatment, rape, enforced
prostitution and any form of indecent assault.

More than 180 states have become parties to the 1949 conventions. Approximately 150 states are
party to Protocol I; more than 145 states are party to Protocol II, though the United States is not.
In addition, more than 50 states have made declarations accepting the competence of
international fact-finding commissions to investigate allegations of grave breaches or other
serious violations of the conventions or of Protocol I.

The importance of the Geneva Conventions and their additional protocols was reflected in the
establishment of war-crimes tribunals for Yugoslavia (1993) and Rwanda (1994) and by the
Rome Statute (1998), which created an International Criminal Court.

Convention I: This Convention protects wounded and infirm soldiers and medical personnel,
who are not taking active part in hostility against a Party, ensuring humane treatment without
adverse distinctions founded on race, color, sex, religion or faith, birth or wealth, etc.  To that
end, the Convention prohibits execution without judgment, torture, and assaults upon personal
dignity (Article 3). It also grants them the right to proper medical treatment and care.

Convention II: This agreement extended the protections mentioned in the first Convention to
shipwrecked soldiers and other naval forces, including special protections afforded to hospital
ships.
Convention III: One of the treaties created during the 1949 Convention, this defined what a
Prisoner of War was, and accorded them proper and humane treatment as specified by the first
Convention. Specifically, it required POWs to give only their name, rank, and serial number to
their captors. Nations party to the Convention may not use torture to extract information from
POWs.

Convention IV: Under this Convention, civilians are afforded the protections from inhumane
treatment and attack afforded in the first Convention to sick and wounded soldiers. Furthermore,
additional regulations regarding the treatment of civilians were introduced. Specifically, it
prohibits attacks on civilian hospitals, medical transports, etc. It also specifies the right of
internees, and those who commit acts of sabotage. Finally, it discusses how occupiers are to treat
an occupied populace.

Protocol I: In this additional Protocol to the Geneva Conventions, the signing Nations agreed to
further restrictions on the treatment of "protected persons" according to the original Conventions.
Furthermore, clarification of the terms used in the Conventions was introduced. Finally, new
rules regarding the treatment of the deceased, cultural artifacts, and dangerous targets (such as
dams and nuclear installations) were produced.

Protocol II: In this Protocol, the fundamentals of "humane treatment" were further clarified.
Additionally, the rights of interned persons were specifically enumerated, providing protections
for those charged with crimes during wartime. It also identified new protections and rights of
civilian populations.

 The United States has ratified the four Conventions of 1949, but has not ratified the two
additional Protocols of 1977.
 Disputes arising under the Conventions or the Protocols additional to them are settled by courts
of the member nations (Article 49 of Convention I) or by international tribunals.
 The International Committee of the Red Cross and Red Crescent has a special role given by the
Geneva Conventions, whereby it handles, and is granted access to, the wounded, sick, and
POWs.

Article 3, Commonly Applied to All Four Protocols of the General Conventions.

The Article 3 of Geneva Conventions covered, for the first time, situations of non-international
armed conflicts, types of which vary greatly.  They include traditional civil wars or internal
armed conflicts that spill over into other States (countries), as well as internal conflicts in which
third-party States or multinational forces intervene alongside the government. 

Common Article 3 functions like a mini-Convention within the larger [Geneva) Convention
itself, and establishes fundamental rules from which no derogation is permitted, containing the
essential rules of the Geneva Convention in a condensed format, and making them applicable to
non-international conflicts.
   It requires humane treatment for all persons in enemy hands, without any adverse distinction.
It specifically prohibits murder, mutilation, torture, cruel, humiliating and degrading treatment,
the taking of hostages and unfair trial.
  It requires that the wounded, sick and shipwrecked be collected and cared for.
  It grants the ICRC the right to offer its services to the parties to the conflict.
  It calls on the parties to the conflict to bring all or parts of the Geneva Conventions into force
through so-called special agreements.
  It recognizes that the application of these rules does not affect the legal status of the parties to
the conflict.
  Given that most armed conflicts today are non-international, applying Common Article 3 is of
the utmost importance. Its full respect is required. 

Applicability of the Geneva Conventions

 The Conventions apply to all cases of declared war between signatory nations. This is the
original sense of applicability, which predates the 1949 version.
 The Conventions apply to all cases of armed conflict between two or more signatory nations,
even in the absence of a declaration of war. This language was added in 1949 to accommodate
situations that have all the characteristics of war without the existence of a formal declaration
of war, such as a police action.
 The Conventions apply to a signatory nation even if the opposing nation is not a signatory, but
only if the opposing nation "accepts and applies the provisions" of the Conventions.

Enforcement of the Geneva Conventions

Geneva Convention provides for universal jurisdiction, as opposed to a more traditional (and
limited) territorial jurisdiction that was designed to respect the sovereignty of States over their
citizens.  The doctrine of universal jurisdiction is based on the notion that some crimes, such as
genocide, crimes against humanity, torture, and war crimes are of such exceptional gravity, that
they affect the fundamental interests of the international community as a whole, thus rendering
the convicts or accused of such crimes to the jurisdiction of all signatory states, regardless of
their nationality or territoriality of their crime.

Every State bound by the treaties is under the legal obligation to search for and prosecute those
in their territory suspected of having committed grave breaches, irrespective of the nationality of
the suspect or victim or the place where the act was allegedly committed. The State may hand the
suspect over to another State or an international tribunal for trial. Where domestic law does not
allow for the exercise of universal jurisdiction, a State must introduce the necessary domestic
legislative provisions before it can do so, and must actually exercise the jurisdiction, unless it
hands over the suspect to another country or international tribunal.
Geneva Conventions of 1949

 Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed
Forces in the Field, of 12 August 1949
 Geneva Convention for the Amelioration of the Condition of Wounded, Sick and Shipwrecked
Members of Armed Forces at Sea, of 12 August 1949
 Geneva Convention relative to the Treatment of Prisoners of War, of 12 August 1949
 Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August
1949

Protocols of 1977

 Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection
of Victims of International Armed Conflicts, of 8 June 1977
 Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection
of Victims of Non-International Armed Conflicts, of 8 June 1977

International Committee of the Red Cross , (ICRC), French Comité International de la Croix-
Rouge, international nongovernmental organization headquartered in Geneva, Switzerland, that
seeks to aid victims of war and to ensure the observance of humanitarian law by all parties in
conflict. The work of the ICRC in both World Wars was recognized by the Nobel Prize for Peace
in both 1917 and 1944. It shared another Nobel Peace Prize with the League of Red Cross
Societies in 1963, the year of the 100th anniversary of the ICRC’s founding.
  Hea
dquarters of the International Committee of the Red Cross, Geneva

The International Committee of the Red Cross was formed in response to the experiences of its
founder, Jean-Henri Dunant, at the Battle of Solferino in 1859. Dunant witnessed thousands of
wounded soldiers left to die for lack of adequate medical services. Soliciting help from
neighbouring civilians, Dunant organized care for the soldiers. In 1862 he published an account
of the situation at Solferino; by 1863 he had garnered so much support that the Geneva Society
for Public Welfare helped found the International Committee for the Relief of the Wounded. In
1875 this organization became the International Committee of the Red Cross.

The ICRC is now one component of a large network including national Red Cross and Red
Crescent societies and the International Federation of Red Cross and Red Crescent Societies.
(The Red Crescent was adopted in lieu of the Red Cross in Muslim countries.) The governing
body of the ICRC is the Committee, consisting of no more than 25 members. All the members
are Swiss, in part due to the origins of the Red Cross in Geneva but also to establish neutrality so
any countries in need can receive aid. The Committee meets in assembly 10 times each year to
ensure that the ICRC fulfills its duties as the promoter of international humanitarian law and as
the guardian of the Fundamental Principles of the Red Cross: “humanity, impartiality, neutrality,
independence, voluntary service, unity, and universality.”

History of the ICRC

Since its creation in 1863, the ICRC's sole objective has been to ensure protection and assistance
for victims of armed conflict and strife. It does so through its direct action around the world, as
well as by encouraging the development of international humanitarian law (IHL) and promoting
respect for it by governments and all weapon bearers. Its story is about the development of
humanitarian action, the Geneva Conventions and the Red Cross and Red Crescent Movement.
The founding

What was to become the International Committee of the Red Cross met for the first time in
February 1863 in Geneva, Switzerland. Among its five members was a local man named Henry
Dunant who, the year before, had published a crusading book (A Souvenir of Solferino) calling
for improved care for wounded soldiers in wartime.

By the end of the year the committee had brought together government representatives to agree
on Dunant's proposal for national relief societies, to help military medical services. And in
August 1864 it persuaded governments to adopt the first Geneva Convention. This treaty obliged
armies to care for wounded soldiers, whatever side they were on, and introduced a unified
emblem for the medical services: a red cross on a white background.

The ICRC's primary role was a coordinating one. But it gradually became more involved in field
operations, as the need for a neutral intermediary between belligerents became apparent. Over
the following 50 years, the ICRC expanded its work while national societies were established
(the first in the German State of Württemberg in November 1863) and the Geneva Convention
was adapted to include warfare at sea.

First World War, 1914-18

At the outbreak of the First World War, based on experience in other conflicts, the ICRC opened
a Central Prisoners of War Agency in Geneva, to restore links between captured soldiers and
their families.

It continued to innovate: its visits to prisoners of war grew during this period and it intervened
over the use of arms that caused extreme suffering – in 1918 it called on belligerents to renounce
the use of mustard gas. That same year it visited political prisoners for the first time, in Hungary.

The national societies themselves undertook an unprecedented mobilization that saw volunteers
running ambulance services on the battlefield and caring for the wounded in hospitals. For the
Red Cross in many countries, it was their finest hour.

1918-1939

After the war, many national societies felt that, with the coming of peace and hopes for a new
world order, the role of the Red Cross had to change. In 1919, they founded the League of Red
Cross Societies, intended as the future coordinating and support body for the Movement. But
conflicts during the 1920s and 1930s emphasized the need for a neutral intermediary, and the
ICRC remained active – increasingly outside Europe (Ethiopia, South America, the Far East) and
in civil wars (notably in Spain).

The ICRC persuaded governments to adopt a new Geneva Convention in 1929 to provide greater
protection for prisoners of war. But despite the obvious broader threats posed by modern
warfare, it was unable to have them agree on new laws to protect civilians in time to prevent the
atrocities of World War II.
Second World War, 1939-45

The Second World War saw a huge expansion of activities as the organisation tried to work to
assist and protect victims on all sides. The ICRC and the League worked together to ship relief
supplies across the globe, reaching both prisoners of war and civilians. ICRC delegates visited
POWs around the world and helped exchange millions of Red Cross Messages between family
members. For years after the war, the ICRC dealt with requests for news about missing loved

ones.

However, this period also saw the ICRC's greatest failure: its lack of action on behalf of victims
of the Holocaust and other persecuted groups. Lacking a specific legal basis, bound by its
traditional procedures and hindered in its ability to act by its ties with the Swiss establishment, it
was unable to take decisive action or to speak out. It was left to individual ICRC delegates to do
what they could to save groups of Jews.

Since 1945

Since 1945 the ICRC has continued to urge governments to strengthen international
humanitarian law – and to respect it. It has sought to deal with the humanitarian consequences of
the conflicts that have marked the second half of the 20th century – starting with Israel and
Palestine in 1948.

In 1949, at the ICRC's initiative, states agreed on the revision of the existing three Geneva
Conventions (covering wounded and sick on the battlefield, victims of war at sea, prisoners of
war) and the addition of a fourth: to protect civilians living under enemy control. The
Conventions provide the ICRC's main mandate in situations of armed conflict.

And in 1977, two Protocols to the Conventions were adopted, the first applicable to international
armed conflicts, the second to internal ones – a major breakthrough. The Protocols also laid
down rules concerning the conduct of hostilities.