UNIT -5

Amnesty International

Amnesty International (commonly known as Amnesty and AI) is a non-governmental organization that
works for the upliftment of human rights and has a supporter list of close to 7 million around the world.
There are members of Amnesty International in more than 140 countries and territories around the world.

Amnesty International (AI)

 Amnesty International is a worldwide movement of people who campaign for human rights.
 Its members give freely of their time and energy in solidarity with the victims of human rights
violations.
 It is a campaigning organization.
 It researches, documents and reports on human rights abuses, but its work does not end there.
 AI members take practical, effective action to stop these abuses.
 Amnesty International is organized to make it possible for ordinary people to speak up – to
protest on behalf of other human beings who are in danger.
 The work of Amnesty International is built upon international solidarity.
 Its members come from many different cultures and backgrounds, with widely different beliefs,
united by a determination to work for a world where everyone enjoys human rights.

Amnesty International formed:-

The Amnesty International was formed in July 1961, in London, United Kingdom by the lawyers-Peter
Benenson and Philip James. Amnesty draws attention to human rights abuses and campaigns for
compliance with international laws and standards. It works to mobilize public opinion to generate
pressure on governments where abuse takes place.

Amnesty International Structured:-

 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 organized as “sections”. Sections co-ordinate basic Amnesty International activities normally
with a significant number of members, some of whom will form into “groups”, and professional
staff.
 They also co-ordinate basic activities but have a smaller membership and limited staff.
 In countries where no section or structure exists, people can become “international members”.
 Two other organizational 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 organization is headed by a secretary-general for its day to day functions.
Secretary-General (s) of Amnesty International:-

Name Tenure Country of

Origin
Peter Benenson 1961-1966 Britain
Eric Baker 1966-1968 Britain
Martin Ennals 1968-1980 Britain
Thomas Hammarberg 1980-1986 Sweden
Ian Martin 1986-1992 Britain
Pierre Sané 1992-2001 Senegal
Irene Khan 2001-2010 Bangladesh
Salil Shetty 2010-2018 India
Kumi Naidoo 2018-2020 South Africa
Julie Verhaar 2020-2021 (Acting)
Agnes Callamard 2021-present France

Objective of Amnesty International:-

 The main objective of Amnesty International is to conduct rigorous research and initiate measures
to prevent and end grave abuses of human rights and to provide justice for the deprived section of
the community.
 The movement is organized to make it possible for ordinary people to speak up – to protest on
behalf of other human beings who are at risk of abuse.

The major areas that are covered by Amnesty International include: –

1. Women’s, children’s, minorities’ and indigenous rights

2. Ending torture
3. Abolition of the death penalty
4. Rights of refugees
5. Rights of prisoners of conscience
6. Protection of human dignity.

Vision of Amnesty International:-

 Its vision is of a world in which every person enjoys all of the human rights enshrined in the
Universal Declaration of Human Rights and other international human rights standards.
 In pursuit of this vision, AI’s mission is to undertake research and action focused on preventing
and ending grave abuses of the rights to physical and mental integrity, freedom of conscience and
expression, and freedom from discrimination, within the context of its work to promote all human
rights.

Guiding Principles of Amnesty International:-

 International solidarity,
 Effective action for the individual victim,
 Global coverage,
  Universality and indivisibility of human rights,
 Impartiality and independence,
 Democracy and mutual respect.

International Committee of the Red Cross

The International Committee of the Red Cross (ICRC) is a humanitarian institution based in Geneva,
Switzerland.

The mission of ICRC is to alleviate human suffering, uphold human dignity, and protect life and health,
especially during armed conflicts and other emergencies. ICRC is present in every country and is
supported by millions of volunteers.

Latest context on International Committee of the Red Cross (ICRC):-

 The Rashtriya Raksha University (RRU) in Gujarat, an institution of national importance in India
and the International Committee of the Red Cross (ICRC) Regional delegation in New Delhi on
10 December 2020 virtually signed a Memorandum of Understanding on academics, research,
training, capacity building and extension activities.
 The aim is to generate awareness, know-how and create a specialized human resource for
security, strategy, capacity building and R&D expertise.
 To leverage ICRC and RRU work together for addressing major issues concerning security,
defense and international humanitarian law.
 In this article, we talk about the International Committee of the Red Cross, its origin and
development, objectives and activities.

International Committee of the Red Cross (ICRC):-

With its mandate to protect the victims of International and Internal armed conflicts, ICRC has been
three-time Nobel Prize Laureates.

ICRC is a part of the International Red Cross and Red Crescent Movement along with the International
Federation of Red Cross and Red Crescent Society and 192 National Societies.

 Formation:-17 February 1863

 Type :- Private humanitarian organization
 Purpose:-Protecting victims of conflicts
 Regions Served:-Worldwide
 President:-Peter Maurer
 Vice President:- Gilles Carbonnier
 Director-General: - Robert Mardini
 Staff:- 15,448 (average number of ICRC staff in 2016)
Origin and Development of International Committee of the Red Cross (ICRC):-

 The International Committee of the Red Cross came into being in 1864 by the work of Jean-Henri
Dunant, a Swiss humanitarian, who organized emergency aid for the wounded soldiers of Austria
and France in the Battle of Solferino in 1859.
 In his book UN Souvenir de Solferino (1862; “A Memory of Solferino”), Dunant proposed
voluntary relief societies in all countries.
 The Geneva Convention of 1864 committed the signatory governments to care for the wounded
of war, whether enemy or friend. This Convention was revised and new conventions to protect
victims of warfare at sea (1907), prisoners of war (1929), and civilians in times of war (1949)
were adopted.
 The Red Cross is the name used in the countries under Christian sponsorship while Red Crescent
is used in the Muslim countries.
 The ICRC is a private institution acting as a neutral and independent intermediary in
humanitarian matters during international conflicts and other international disturbances. Its work
is prompted by the desire to promote humane conduct and is guided by empathy for the victims.
The ICRC remains detached from all political issues related to the conflict.
 To know more about other Important Organizations and the location of their headquarters, visit
the linked article.

Objectives of ICRC:-

 The ICRC acts to help all victims of war and internal violence, attempting to ensure
implementation of humanitarian rules restricting armed violence.
 Its mission arises from the basic human desire to lay down a rule governing the use of force in
war and to safeguard the dignity of the weak.
 With a mandate from the international community to help victims of war and internal violence
and to promote compliance with International humanitarian law, the ICRC strives for protecting
and assisting the victims of armed conflict and internal violence so as to preserve their physical
integrity and their dignity and to enable them to regain their autonomy as quickly as possible.

Structure of ICRC:-

 The Red Cross consists of the International Committee, the League of Red Cross and Red
Crescent Societies and the National Red Cross and Red Crescent Societies.
 The International Committee is an independent council of 25 Swiss citizens.
 During a war, the Committee acts as an intermediary among belligerents and also among National
Red Cross Societies.
 It visits prisoners in war camps and provides relief supplies, mail and information for their
relatives.
 The League of Red Cross and Red Crescent societies help in providing relief to victims of
national disaster and aid in the development of national societies.
Activities of International Committee of the Red Cross (ICRC):-

 Being a humanitarian agency, the Red Cross has national affiliates in almost every country in the
world.
 It was established primarily to care for the victims of war but now the organization is also
involved in the task of aiding in the prevention and relief of human suffering which includes first
aid, accident prevention, water safety, training of nurses’ aides and mothers’ assistants and
maintenance of maternal and child welfare centres and medical clinics, blood banks and many
other services.
 The ICRC acts in consultation with all other organizations involved in humanitarian work.
 It systematically reminds all military and civilian authorities directly involved in armed conflict
or internal violence of their obligations under international humanitarian law and the other
humanitarian rules by which they are bound.
 The Committee acts as an intermediary between the parties to armed conflict and promotes
dialogue in situations of internal violence, with a view to finding solutions for matters of
humanitarian concern.

International Court of Justice (ICJ)

The ICJ is one of the six principal organs of the United Nations. Its seat is at the Peace Palace in The
Hague (Netherlands). Notably, it is the only UN principal organ not situated in New York.

 The chief judicial organ of the UN, it is also sometimes known as the World Court.
 Established by the UN Charter in 1945, it began work in 1946 when it replaced the Permanent
Court of International Justice which had functioned in the Peace Palace since 1922.
 All the 193 member states of the UN are automatically parties to the Court. Those nations that are
not members of the UN may become parties to the Court’s statute with the help of the Article 93
procedure.
 The chief function of the ICJ is to settle disputes submitted by parties according to international
law.
 The Court also gives advisory opinions on legal matters submitted by any of the UN bodies or
specialized agencies.
 The United Nations Security Council (UNSC) can enforce ICJ judgments as per the UN Charter.
However, the permanent members of the UNSC can veto against any such ruling.
 The official languages of the ICJ are English and French.

ICJ Composition:-

 The ICJ is composed of 15 judges.

 The judges have tenure of nine years each.
 They are elected independently by the UNGA and the UNSC. The candidate should get an
absolute majority in both the UNGA and the UNSC to be elected.
  No two judges can have the same nationality in the ICJ.
 Elections are held every three years for one-third of the seats, and retiring judges may be re-
elected.
 The members of the ICJ do not represent their governments but are independent magistrates.
 The judges must possess the qualifications required in their respective countries for appointment
to the highest judicial offices, or be jurists of recognized competence in international law.
 The judges are distributed as per the regions:
 3 from Africa
 2 from Latin America and the Caribbean
 3 from Asia
 5 from Western Europe and other states
 2 from Eastern Europe
 Among the 15 judges, there is a President, a Vice President and a Registrar.
 Every State government party to the Charter designates a group that proposes candidates for the
office of ICJ judges.

ICJ Jurisdiction:-

The ICJ has two types of jurisdictions:

Contentious cases:-

 ICJ, in accordance with international law, settles disputes of legal nature that are submitted to it
by states.
 Countries should apply and only then appear before the ICJ. International organizations, other
authorities, and private individuals are not entitled to institute proceedings before the ICJ.
 The Court can only deal with a dispute when the States concerned have recognized its
jurisdiction.
 The judgment is final, binding on the parties to the case and without an appeal.

Advisory opinions

 The advisory procedure is available to five UN Organs, fifteen Specialized Agencies, and one
Related Organization.
 Despite having no binding force, the Court’s advisory opinions nevertheless, carry great legal
weight and moral authority and thus help in the development and clarification of international
laws.
 There is also a distinction between mainline and incidental jurisdictions.
 Incidental jurisdiction relates to a series of miscellaneous and interlocutory matters; for example,
the power of the Court to decide a dispute as to its own jurisdiction in a given case; its general
authority to control the proceedings; its ability to deal with interim measures of protection; and
the discontinuance of a case.
 Mainline jurisdiction, on the other hand, concerns the power of the Court to render a binding
decision on the substance and merits of a case placed before it.
Limitations of ICJ:-

 ICJ suffers from certain limitations, these are mainly structural, circumstantial and related to the
material resources made available to the Court.
 It has no jurisdiction to try individuals accused of war crimes or crimes against humanity. As it is
not a criminal court, it does not have a prosecutor able to initiate proceedings.
 The ICJ is not an apex court to which national courts can turn to. It is also not a court of last
resort for people. It also does not act like an appeal court for international tribunals; however, it
can make a ruling on the validity of the arbitration awards.
 The ICJ cannot suo moto take up a case. It can only hear cases or disputes when requested to do
so by States. It can also not investigate and rule on acts of States.
 The ICJ only has jurisdiction based on consent, not compulsory jurisdiction.
 It does not enjoy a full separation of powers, with permanent members of the Security Council
being able to veto enforcement of cases, even those to which they consented to be bound.

Way Forward:-

The International Court of Justice is endowed with both a privileged institutional status and procedural
instruments whose potential is frequently underestimated. It needs strengthening for the promotion and
development of international peace.

Kulbhushan Jadhav Case:-

 Kulbhushan Jadhav, an Indian naval officer, was arrested in March 2016 by Pakistani security
forces in Balochistan province after he reportedly entered from Iran.
 He was sentenced to death by a Pakistani military court on charges of espionage and terrorism in
April 2017.
 On May 9, 2018, ICJ stayed his death sentence after India had moved a petition before the UN
body to seek justice for him, alleging violation of the Vienna Convention on Consular Relations
by Pakistan.
 In February 2019, India said Pakistan’s continued custody of Indian national Kulbhushan Jadhav
without any consular access should be declared “unlawful” as it was an egregious violation of the
Vienna Convention.
 In 2019, the ICJ has directed Pakistan to review the conviction order of Kulbhushan Jadhav and,
until then, put his death sentence on hold. ICJ also asked Islamabad to allow New Delhi consular
access at the earliest. This is a major diplomatic and legal victory for India in the Jadhav case.
 In 2019, Pakistan granted consular access for Jadhav in line with the ICJ ruling.