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Published byColleen Bellock Modified over 10 years ago
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Individual complaints Massive violations: confidential complaint to the Human Rights Council Individual abuses: complaint to a treaty body using provisions of human rights treaty or protocol associated with treaty Individual/massive violations: complaint to a special procedures mandate holder
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Human Rights Council Complaint Procedure Address ‘consistent patterns of gross + reliably arrested violations of all human rights + all fundamental freedoms occurring in any part of the world and in any circumstances’ Confidential Must have direct/reliable knowledge No direct remedy
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Treaty-based complaints Allow countries to accept the right of an individual to complain to treaty monitoring body that country has not properly implemented its duties to protect particular human rights Optional protocol Australia: – ICCPR – CERD – CAT
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Making a communication Communication = individual’s complaint under treaty Two stages: – Treaty body decides whether complaint is “admissible” – Consider merits or substance of the case + decides if particular activity/inactivity breaches rights set out in relevant treaty Decision expressed as ‘views’ the treaty body has ‘adopted’
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Effectiveness of communications Takes a long time for treaty body to make a finding Adoption of views on substance of case is not strictly binding – simply forwarded + published in its annual report to General Assembly However, views on proper interpretation of rights guaranteed are considered authoritative
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International Criminal Mechanisms Violations of human rights can amount to criminal offences Following WWII, two separate military tribunals to try German Nazi and Japanese officials/officers for serious crime committed during the war established fundamental principles of international humanitarian law No longer political acceptance of inaction in the face of crimes against humanity
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Truth and reconciliation commissions Truth and reconciliation commissions also proliferated to bring to light stories of violations committed in the past Truth + reconciliation commissions allow victims to tell their stories, face perpetrators of crimes + may lead to criminal prosecutions/amnesties
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International Criminal Court Independent, permanent court responsible for trying people accused of most serious crimes of international concern Court of last resort – cannot take cases that a state is investigating/prosecuting domestically Can only deal events since 1 July 2002 on territory or by nationals of states that have ratified Rome Statute.
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