International Human Rights

1
International Human Rights

• March 3

2
Brief History of Intntl Human Rts

• Before WW II
• Slavery Convention (1926)
• Humanitarian law treaties regulating conduct of
  warfare dating back to 1865
• Rights of Foreigners
• Immediately After WW II
• U.N. Charter (1945)
• Nuremberg (1945/46)
• Universal Declaration (1948)
• American Declaration (1948)

3
The Nuremberg Judgment

• Read the Nurember Charter (Supp., pg. 404-06).
  Article 6 of the Charter is quoted on page 372 of
  the casebook.
• Does Article 6 define with sufficient precision
  what conduct is criminal?
• Can you determine, by reading Article 6, what
  conduct is permitted and what is prohibited?

4
The Nuremberg Judgment

• The defendants argued that criminal punishment
  was inconsistent with the principle no
  punishment of crime without a pre-existing law.
• What was the Tribunals response to that
  argument? Is that response persuasive? Or was
  Nuremberg merely victors justice?

5
The Nuremberg Judgment

• Defendants also argued that international law is
  concerned with the actions of sovereign states,
  and provides no punishment for individuals
• What was the Tribunals response to that
  argument? Is that response persuasive?

6
The U.N. and Human Rights

• U.N. Charter (1945)
• See Articles 55-56 (CB, pg. 894)
• Universal Declaration (1948)
• Skim this (CB, pg. 921-25)
• Two International Covenants (1966/76)
• Skim these (Supp., pg. 168-84)
• Other human rights treaties

7
Human Rights Institutions

• Global
• Human Rights Commission (Council)
• Treaty Bodies
• Regional
• Europe
• Western Hemisphere
• Africa

8
U.N. Charter Institutions
Secretariat
Security Council
General Assembly
ICJ
Economic and Social Council
Commn on Human Rights
9
Damian Thomas v. Jamaica

• What is the Human Rights Committee?
• See Intntl Covt on Civil and Political Rights
  (ICCPR), arts. 28-40.
• What is the Optional Protocol?
• See Supp., pg. 184-86
• What law authorizes Damian Thomas to file a
  petition with the Human Rights Committee?

10
Damian Thomas v. Jamaica

• The Committee concludes that Jamaica violated
  articles 10(2), 10(3) and 24.
• Do you agree? Why or why not?
• What is the likely consequence of that decision?
• See CB, pg. 385-86 the individual petition
  system boasts a state compliance rate of only
  about 25 percent
• What are the key obstacles to compliance?

11
Excerpts from Schiffrin Article

• Read the excerpts from the Schiffrin article on
  page 384-86.
• Why did Jamaica withdraw from the Optional
  Protocol?
• What is the significance of Jamaicas decision to
  withdraw?
• Consider the notes on page 386-88.

12
The Sunday Times Case

• What are the underlying facts?
• Summarize the procedural history of the case
• Divisional Court
• Court of Appeal
• House of Lords
• European Commission
• European Court

13
The Sunday Times Case

• The European Court held that there was a
  violation of Article 10.
• Look carefully at the text of Article 10 (CB, pg.
  397 Supp., pg. 237)
• Do you agree with the Courts decision?
• Why or why not?
• Consider notes 1 and 2, pg. 400-01.
• What are the pros and cons of deciding this type
  of case in a regional human rights court, instead
  of a domestic court?

14
International Human Rights

• March 4

15
European Human Rights Law

• Skim the European Convention on Human Rights
  (Supp., pg. 233-46). Review CB, pgs. 388-90.
• Compare the European Court (ECHR) to the Human
  Rights Committee (HRC)
• ECHR issues binding judgments. HRC decisions are
  non-binding
• For states parties to European Convention, the
  right of individual petition to ECHR is
  mandatory. For states parties to ICCPR, right of
  individual petition to HRC is optional
• How do you explain these differences?
• Do you think the ICCPR and HRC will evolve in the
  direction that the European system has evolved?

16
The Soering Case

• What are the underlying facts?
• What is the procedural history?
• Indictment in Virginia.
• U.S. request for extradition
• German request for extradition
• U.K. decision on extradition requests
• Petition to European Commission
• Then to European Court

17
The Soering Case

• Why does Article 3 apply to extradition cases?
  Should it apply? Consider note 3, pg. 418.
• The Court held that extradition of Soering to the
  U.S. without adequate assurances would violate
  Article 3.
• Are you persuaded? Why or why not?

18
The Soering Case

• Does the Courts rationale support a per se rule
  that extradition of a capital defendant to the
  U.S. violates Article 3 in every case (unless the
  sending country obtains proper assurances)?
• Would that be a good rule?
• Be prepared to discuss the questions raised in
  note 2, pg. 417-18.

19
International Criminal Law

• Read pages 418-23
• We will talk briefly about recent developments in
  international criminal law