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International Criminal Court

This Court is an independent permanent court that tries persons accused of the most serious crimes of international concern, namely genocide, crimes against humanity and war crimes. Located in The Hague and based on the Rome Statute, a treaty, it is legally and functionally independent from the United Nations. The Rome Statute does, however, give certain powers to the United Nations Security Council to refer cases to the Court that do not otherwise fall under the Court’s jurisdiction. The Court is designed to complement existing national judicial systems: It can exercise jurisdiction only when national courts are unwilling or unable to prosecute such crimes. The Court can issue arrest warrants but depends on Member States to enforce these. There are 106 Member States, which does not include the United States, China, Russia and India. It is a court of last resort.

 

THE ROLE OF NONGOVERNMENTAL ORGANIZATIONS

Globally, the champions of human rights have most often been citizens, not government officials. In particular, nongovernmental organizations (NGOs) have played a primary role in focusing the international community on human rights issues. For example, NGO activities surrounding the 1995 United Nations Fourth World Conference on Women in Beijing, China, drew unprecedented attention to serious violations of the human rights of women. NGOs such as Amnesty International, the Anti-Slavery Society, International Commission of Jurists, International Work Group for Indigenous Affairs, Human Rights Watch, Minnesota Advocates for Human Rights, and Survivors International, monitor the actions of governments and pressure them to act according to human rights principles.

 

Today, all 192 Member States of the United Nations have adopted the Universal Declaration of Human Rights, and a body of international law exists to protect them. The Declaration remains the central call to freedom and justice for all peoples throughout the world.

 

Yet although human rights exist, are recognized at least in principle by most nations, and form the heart of many national constitutions, the actual situation in the world is far distant from the ideals envisioned in the Declaration.

 

Discussion Questions:

1. Does the UDHR have the force of law? Why is a body of international law necessary?

2. What situation prompted the change from the Human Rights Commission to the Human Rights Council in 2006?

3. What is a Special Rapporteur?

4. What three documents make up the International Bill of Human Rights and what human rights issues do they address?

5. What is the European Convention on Human Rights, and what is its relationship to the European Court of Human Rights? Who may seek recourse in the European Court?

6. What is the function of the OSCE? Why was it established?

7. What is the role of continental and international enforcement bodies, and why were they established?

8. Why is the International Criminal Court called “a court of last resort” and what category of crimes does it address?



9. What is a nongovernmental organization (NGO) and what is its role in the human rights arena?

 

Review websites or publications of the major organizations advocating human rights and implementation of the UDHR.

Based on your research of the materials and/or websites of these organizations, what is your assessment of the current general state of human rights in the world?


Date: 2015-12-24; view: 879


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Section 3: INTERNATIONAL HUMAN RIGHTS LAW | Section 4: HUMAN RIGHTS VIOLATIONS
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