International Human Rights Law (LG332) Topic 3: UN Charter-based HR Systems

UN Charter-Based HR Systems  Binding upon Member States (190 +)  Juxtaposed with UN treaty-based systems, which apply only to States parties  UN – established at San Francisco Conference, June 1945: Charter of the United Nations  A proposal to include a declaration of fundamental rights in the Charter itself was opposed by the great powers and rejected.

Human Rights Clauses of the Charter  Preamble: ‘We the Peoples of the United Nations determined to save succeeding generations from the scourge of war, which twice in our lifetime has brought untold sorrow to mankind, and to reaffirm faith in fundamental human rights, in the dignity and worth of the human person, in the equal rights of men and women and of nations large and small, and to establish conditions under which justice and respect for the obligations arising from treaties and other sources of international law can be maintained, and to promote social progress and better standards of life in larger freedom…’

Human Rights Clauses of the Charter  Purposes and Principles: Art. 1. The purposes of the United Nations are… (3) ‘To achieve international cooperation in solving international problems of an economic, social, cultural, or humanitarian character, and in promoting and encouraging respect for human rights and for fundamental freedoms for all without distinction as to race, sex, language, or religion…’

Human Rights Clauses of the Charter  Art. 2(7) states: ‘Nothing contained in the present Charter shall authorise the United Nations to intervene in matters which are essentially within the domestic jurisdiction of any state.’

Human Rights Clauses of the Charter  The General Assembly: Art. 13 (1) The General Assembly shall initiate studies and make recommendations for the purpose of… b. Promoting international cooperation in the economic, social, cultural, educations, and health fields, and assisting in the realisation of human rights and fundamental freedoms for all without distinction as to race, sex, language, or religion…

Human Rights Clauses of the Charter  The Security Council According to Art. 24, the Council has ‘primary responsibility for the maintenance of international peace and security’ No reference to Human Rights in provisions dealing with the SC (Arts. 23 – 54)

Human Rights Clauses of the Charter  International Economic and Social Cooperation Art. 55. With a view to the creation of conditions of stability and well-being which are necessary for peaceful and friendly relations among nations based on respect for the principle of equal rights and self-determination of peoples, the United Nations shall promote… c. Universal respect for, and observance of, human rights and fundamental freedoms for all without distinction as to race, sex, language or religion.

Human Rights Clauses of the Charter  Economic and Social Council Article 62(2). [The Economic and Social Council] may make recommendations for the purpose of promoting respect for, and observance of, human rights and fundamental freedoms for all. Art. 68. The Economic and Social Council shall set up commissions in economic and social fields and for the promotion of human rights, and such other commissions as may be required for the performance of its functions.

Secretariat  Secretary-General is ‘chief administrative officer’  ‘appointed’ by the GA, upon recommendation of SC  ‘Good Offices’

General Assembly  All MS belong to GA  Annual Session begins in September each year  Principal Human Rights Work takes place in Third Committee  Adopts resolutions, including texts of international treaties

Economic and Social Council  Fifty-four MS belong to ECOSOC elected by the GA to 3-yr terms  Authorises a variety of human rights initiatives – these used to be derived principally from the Commission on Human Rights

Security Council  Fifteen MS belong to SC five permanent members ten members elected by the GA to 2-yr terms  Main focus: International Peace and Security  Authorises (sometimes) sanctions; ‘humanitarian intervention’, e.g. SC Res 688  Set up ICTY / ICTR

ICJ  Principal Judicial Organ of the UN fifteen judges elected by the GA to a 9-yr term, renewable once (and, exceptionally, ad hoc judges)  Advisory Opinions self-determination, nuclear weapons, ‘the wall’  Contentious Cases, e.g. universal jurisdiction (DRC/Belgium, Congo/France, Liberia/Sierra Leone, Bosnia and Herzegovina v. Serbia and Montenegro )

Subsidiary Organs of the Secretariat  Office of the High Commissioner of Human Rights  Special Representatives of the Secretary-General  Special Courts

Subsidiary Organ of GA- International Law Commission  Expert body established by GA charged with ‘progressive development and codification of international law’  Meets annually  Touches on human rights issues, e.g. definition of international crimes

Subsidiary Organ of GA- Human Rights Council  UN GA voted to create new human rights body in March 2006 in response to criticism of Commission on Human Rights  Council is subsidiary body of GA  47 members

Subsidiary Organs of Security Council  ICTY established by SC Res 827 in 1993  ICTR established by SC Res 955 in 1994  Sanctions Committees