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  1. Discuss the significance of the International Military Tribunal at Nuremberg.
  2. What is the importance of the Universal Declaration of Human Rights?
  3. What is the role of the Human Rights Council in protecting human rights?
  4. Discuss the role of domestic courts and institutions in protecting international human rights.

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Law and Society Matthew Lippman Chapter 13: International Human Rights and International Crime Lippman, Law and Society 2e SAGE Publishing, 2018 2 Evolution of the International Law of Human Rights • WWI inspired the formation of the League of Nations in 1920 • 1932 signing of Kellogg—Briand Pact in which 60 countries renounced war as a mode of conflict resolution • Ideas of creating an international criminal court • WWII and the Nuremberg trials: • Court comprised of judges from United States, United Kingdom, France, and the Soviet Union • Convicted Nazis for international crimes Lippman, Law and Society 2e SAGE Publishing, 2018 3 The International Law and Human Rights • Principles established by the International Military Tribunal in Nuremberg • 1) Individual liability—liable regardless of whether they are military, government leaders, or low-level combatants • 2) International crimes—war crimes, crimes against humanity (offenses against civilians), and crimes against peace (initiating or waging a war of aggression) Lippman, Law and Society 2e SAGE Publishing, 2018 4 The International Law and Human Rights • 3) Superior orders: not a defense to criminal liability, although mitigating • 4) Supremacy of international law: liable of committing an international crime even in the instances where the act is legal under domestic law Lippman, Law and Society 2e SAGE Publishing, 2018 5 The United Nations and Human Rights • United Nations Charter aspires to maintain international peace and the respect for human rights and for fundamental freedom of all people • 1948 Universal Declaration of Human Rights: all human beings are born free and are equal in dignity and rights • Negative rights: prohibit the government from interfering with the individuals'’ freedom • Positive rights: impose obligations on governments towards individuals (right to work, adequate standard of living, etc.) Lippman, Law and Society 2e SAGE Publishing, 2018 6 The United Nations Human Rights System • The Covenant on Civil and Political Rights protects a broad range of rights, including: • 1) the right to life • 2) the right to be free from slavery or forced labor • 3) the right to due process of law throughout the justice process • 4) the right of incarcerated individuals to humane treatment Lippman, Law and Society 2e SAGE Publishing, 2018 7 The United Nations Human Rights System • 5) the right to freedom of movement and residence • 6) the right to freedom of thought, conscience, and religion • 7) the right to freedom of expression and peaceful assembly • 8) the right to be free from discrimination Lippman, Law and Society 2e SAGE Publishing, 2018 8 Domestic Enforcement of International Human Rights Diffusion of international human norms depends on the domestic acceptance and enforcement of various human rights: 1) Country: must accept the international human right 2) Enforcement: institutions within the country must enforce right 3) Individual: individuals must embrace the right Lippman, Law and Society 2e SAGE Publishing, 2018 9 Conflicting Perspectives on International Human Rights • Civil and political and economic, social, and cultural rights • Hierarchy of rights • Derogable rights • Rights and duties • Sovereignty • Private and public • Reservations • Cultural Lippman, Law and Society 2e SAGE Publishing, 2018 10 Domestic Courts and Human Rights Universal jurisdiction: signatory states obligated to prosecute or extradite abroad an offender detained in their territory Without universal jurisdiction war criminals, maritime pirates etc. would not be brought to justice as their state of nationality might not want to prosecute Extradition request: needs to be filed by a country that wants to prosecute an individual who is located in another country Lippman, Law and Society 2e SAGE Publishing, 2018 11 U.S. Congressional Statutes and International Human Rights • 1974 formal integration of human rights into U.S. foreign policy • 1995 introduced a provision that prohibited economic developmental assistance to countries that don’t respect internationally recognized human rights Lippman, Law and Society 2e SAGE Publishing, 2018 12 Child Soldiers and the Humanitarian Law of War • Any individual under 18 who is engaged in combat or support as part of armed force or a group • Used in ¾ of armed conflicts • Against humanitarian law of war • Children are easily recruited into insurgent groups • Lack a full understanding of danger Lippman, Law and Society 2e SAGE Publishing, 2018 13 Corporations and Human Rights • Not uncommon for textile workers to labor 14–16 hr a day, 7 days a week • Nike received severe criticism for the use of child workers • Subsequently established itself as leader in the humane treatment of workers by intensely monitoring suppliers and adopting a code of conduct • In the absence of government action, private corporations can come together to protect the rights of textile workers Lippman, Law and Society 2e SAGE Publishing, 2018 14 Drones and Counterterrorism • Humanitarian law of war places strict restrictions on aerial attacks must be directed at military target and not civilians or their objects • Drones-small, remote-operated, pilotless aerial vehicles, used in counterterrorism strategy • Increase under Obama administration • American law prohibits the government from engaging in assassination and murder abroad Lippman, Law and Society 2e SAGE Publishing, 2018 15 Torture and Crimes Against Humanity Torture, cruel, inhuman, or degrading punishment is prohibited under the humanitarian law of war May not be violated under any circumstances under international law 1984 International Convention Against Torture and Other Cruel, Inhuman, and Degrading Treatment or Punishment-document prohibiting torture Lippman, Law and Society 2e SAGE Publishing, 2018 16 Torture and Crimes Against Humanity Definition of torture: 1) the intentional infliction of severe mental or physical suffering 2) by a public official 3) for a specific purpose Lippman, Law and Society 2e SAGE Publishing, 2018 17 Torture and Crimes Against Humanity • Acts viewed as torture: • 1) Physical—waterboarding, electric shock to various parts of the anatomy, beatings, stress positions, and sexual abuse • 2) Subjecting an individual to intense heat or cold, long periods of sleep deprivation, and sensory deprivation • 3) Psychological—mock executions, destruction of sacred religious objects, use of psychotropic drugs, threats to family members, or abuse of family Lippman, Law and Society 2e SAGE Publishing, 2018 18 Torture and Crimes Against Humanity • Five techniques that Great Britain used, as found by the European Court • • • • • Wall-standing Hooding Noise Sleep deprivation Deprivation of food and liquids Lippman, Law and Society 2e SAGE Publishing, 2018 19 The United States and Enhanced Interrogation • Enemy combatants entitled to limited legal protection • Memo defining torture and cruel, inhuman, and degrading treatment • Interrogation has to meet a high standard to be defined as torture • President as commander in chief has unlimited authority to combat the enemy, which cannot be restricted by Congress Lippman, Law and Society 2e SAGE Publishing, 2018 20 • Open-Access Student Resources • — Quizzes • — eFlashcards • — SAGE Journal Articles • — Video Links And more at study.sagepub.com/lippmanls2e Lippman, Law and Society 2e SAGE Publishing, 2018 21
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