Universal Declaration of Human Rights (Child-Friendly Version)
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Statement by Denmark on Behalf of Finland, Iceland, Norway, Sweden and Denmark
Statement by Denmark on behalf of Finland, Iceland, Norway, Sweden and Denmark 75th Session of the General Assembly of the United Nations Debate in the General Assembly Agenda item 74: Report of the International Court of Justice Delivered by: Counsellor Rasmus Jensen, Denmark New York 2 November 2020 Check against delivery E-mail: [email protected] http://fnnewyork.um.dk 1 M(r/s) Chair, I have the honour to speak on behalf of Finland, , Iceland, Norway, Sweden - and my own country - Denmark. The Nordic countries would like to thank the President of the International Court of Justice for his report on the Court’s work over the past year (A/75/4) and for his presentation today. The big amount of cases indicate the trust and confidence States place in the Court by referring disputes to it for resolution. The Nordic countries would in particular like to note the case filed by The Gambia against Myanmar regarding application of the Convention on the Prevention and Punishment of the Crime of Genocide, where the Court indicated provisional measures on January 23rd. In addition to being important for the gravity of the issues The Gambia’s application seeks to address, the case is also an opportunity for the Court to develop its jurisprudence regarding obligations erga omnes and erga omnes partes. All States parties share an interest in compliance with the obligations under the Genocide Convention by all States parties. We applaud the Court and its personnel for continuing to discharge its judicial functions as described by the President in his report, despite the difficult circumstances following the outbreak of the COVID-19 pandemic. -
Handbook for the Protection of Internally Displaced Persons
Handbook for the Protection of Internally Displaced Persons Action Sheet 8 Liberty and Freedom of Movement Key message The ability to move freely and in safety within one’s country is a basic right as well as a pre-condition for the enjoyment of many other rights. Limitations on freedom of movement can have serious consequences for the lives, health and well-being of individuals and communities. Ensuring freedom of movement thus forms an important part of any protection strategy. 1. What do we mean by the term freedom of movement? Freedom of movement consists of the right and ability to move and choose one’s residence freely and in safety within the territory of the State, regardless of the purpose of the move. It also includes the right to leave any country and to return to one’s own country. It is closely related to the right to liberty and security of person, which guarantees freedom from arbitrary arrest and detention, and the right to seek asylum in another country. Taken together these rights mean that all persons, including the internally displaced, have the right to: l Take flight and seek safety in another part of the country (of choice), or to leave the country in order to seek asylum in another country. l Move freely and in safety within the country, including in and out of camps and settlements, regardless of the purpose of the move. l Voluntarily return to the place of origin or relocate to another part of the country. l Not be arbitrarily displaced or forced to return or relocate to another part of the country. -
June, 2010 PROSECUTING INTERNATIONAL CRIMES AGAINST CHILDREN: the LEGAL FRAMEWORK IWP 2010-13
UNICEF Innocenti Research Centre Innocenti Working Paper PROSECUTING INTERNATIONAL CRIMES AGAINST CHILDREN: THE LEGAL FRAMEWORK Christine Bakker IWP 2010-13 June, 2010 Innocenti Working Papers UNICEF Innocenti Working Papers are intended to disseminate initial research contributions within the Centre‟s programme of work, addressing social, economic and institutional aspects of the realisation of the human rights of children. The findings, interpretations and conclusions expressed in this paper are entirely those of the authors and do not necessarily reflect the policies or the views of UNICEF. The designations employed in this publication and the presentation of the material do not imply on the part of UNICEF the expression of any opinion whatsoever concerning the legal status of any country or territory, or of its authorities, or the delimitation of its frontiers. Extracts from this publication may be freely reproduced with due acknowledgement. © 2010 United Nations Children‟s Fund (UNICEF) ISSN: 1014-7837 This paper presents an analysis of the evolving international legal norms related to the prosecution of international crimes against children, and addresses some questions on the criminal responsibility of children themselves who, in particular as child soldiers, were forced to participate in the commission of such crimes. This research paper was funded by the Government of France. For readers wishing to cite this document, we suggest the following form Bakker, Christine (2010), „Prosecuting International Crimes against Children: the Legal Framework‟, Innocenti Working Paper No. 2010-13. Florence, UNICEF Innocenti Research Centre. ii The UNICEF Innocenti Research Centre The UNICEF Innocenti Research Centre in Florence, Italy, was established in 1988 to strengthen the research capability of the United Nations Children‟s Fund and to support its advocacy for children worldwide. -
Facilitating Peaceful Protests
ACADEMY BRIEFING No. 5 Facilitating Peaceful Protests January 2014 Geneva Academy of International Humanitarian Law and Human Rights Geneva Académie de droit international humanitaire et de droits humains à Genève Academ The Academy, a joint centre of ISBN: 978-2-9700866-3-5 © Geneva Academy of International Humanitarian Law and Human Rights, January 2014. Acknowledgements This Academy Briefing was written by Milena Costas Trascasas, Research Fellow, and Stuart Casey-Maslen, Head of Research, at the Geneva Academy of International Humanitarian Law and Human Rights (Geneva Academy). The Academy would like to thank all those who commented on an earlier draft of this briefing, in particular Anja Bienart and Brian Wood of Amnesty International, and Neil Corney of Omega Research Foundation. The Geneva Academy would also like to thank the Swiss Federal Department of Foreign Affairs (DFAE) for its support to the Academy’s work on facilitating peaceful protests, especially the Human Security Division for its funding of the publication of this Briefing. Editing, design, and layout by Plain Sense, Geneva. Disclaimer This Academy Briefing is the work of the authors. The views expressed in it do not necessarily reflect those of the project’s supporters or of anyone who provided input to, or commented on, a draft of this Briefing. The designation of states or territories does not imply any judgement by the Geneva Academy, the DFAE, or any other body or individual, regarding the legal status of such states or territories, or their authorities and institutions, or the delimitation of their boundaries, or the status of any states or territories that border them. -
Genocide Convention Act 1949
Genocide Convention Act 1949 Act No. 27 of 1949 as amended This compilation was prepared on 27 November 2000 Prepared by the Office of Legislative Drafting, Attorney-General’s Department, Canberra Contents 1 Short title [see Note 1] .......................................................................4 2 Commencement [see Note 1] .............................................................4 3 Interpretation......................................................................................4 4 Approval of ratification......................................................................4 5 Approval of extension to Territories ..................................................4 The Schedule Convention on the Prevention and Punishment of the Crime of Genocide 5 Notes 11 Genocide Convention Act 1949 iii An Act to approve of Ratification by Australia of the Convention on the Prevention and Punishment of the Crime of Genocide, and for other purposes 1 Short title [see Note 1] This Act may be cited as the Genocide Convention Act 1949. 2 Commencement [see Note 1] This Act shall come into operation on the day on which it receives the Royal Assent. 3 Interpretation In this Act: the Genocide Convention means the Convention on the Prevention and Punishment of the Crime of Genocide approved by the General Assembly of the United Nations at Paris on the ninth day of December, One thousand nine hundred and forty-eight, the text of which convention in the English language is set out in the Schedule to this Act. 4 Approval of ratification Approval is hereby given to the depositing with the Secretary- General of the United Nations of an instrument of ratification of the Genocide Convention by Australia. 5 Approval of extension to Territories Approval is hereby given to the depositing with the Secretary- General of the United Nations of a notification by Australia, in accordance with Article twelve of the Genocide Convention, extending the application of the Genocide Convention to all the territories for the conduct of whose foreign relations Australia is responsible. -
“Prosecuting and Investigating International Crimes in Denmark” 5
Birgitte Vestberg Prosecuting And Investigating International Crimes In Denmark Guest Lecture Series of the Office of the Prosecutor Birgitte Vestberg* “Prosecuting and Investigating International Crimes in Denmark” 5 April 2006 The Hague *Mrs Birgitte Vestberg is Director of Special International Crimes Office in Denmark which is a part of the Danish Prosecution Service. The Office is responsible for investigating and, if possible, prosecuting serious crimes such as war crimes, genocide, crimes against humanity, terrorism and torture committed abroad by persons now residing in Denmark. Apart from working for two years in private practice she has been employed by the Danish Prosecution Service, as Assistant Director of Public Prosecutions and as Regional Public Prosecutor. She graduated in Law from the University of Copenhagen in 1966. Guest Lecture Series of the Office of the Prosecutor. © ICC-CPI and individual authors 2006. 1 Birgitte Vestberg Prosecuting And Investigating International Crimes In Denmark Prosecuting and Investigating International Crimes in Denmark International crimes? There is no universally adopted definition of “international crimes” but jurists include the core of the Rome Statute setting up the International Criminal Court i.e. genocide, crimes against humanity, war crimes and the crime of aggression possibly to be included in the future. Genocide and crimes against humanity however are just umbrellas under which crimes such as murder, torture, deprivation of liberty, rape etc. are committed with a specific intent. War crimes are specified as “grave breaches of the Geneva Conventions”, other serious violations of the law and customs applicable in international armed conflict, serious violations of Article 3 common to the Geneva conventions in armed conflict not of an international character and other serious violation of the laws and customs applicable in armed conflicts not of an international character. -
Protection from Arbitrary Arrest and Detention Under International Law Laurent Marcoux, Jr
Boston College International and Comparative Law Review Volume 5 | Issue 2 Article 3 8-1-1982 Protection from Arbitrary Arrest and Detention Under International Law Laurent Marcoux, Jr. Follow this and additional works at: http://lawdigitalcommons.bc.edu/iclr Part of the Comparative and Foreign Law Commons, Human Rights Law Commons, International Law Commons, and the International Relations Commons Recommended Citation Laurent Marcoux, Jr., Protection from Arbitrary Arrest and Detention Under International Law, 5 B.C. Int'l & Comp. L. Rev. 345 (1982), http://lawdigitalcommons.bc.edu/iclr/vol5/iss2/3 This Article is brought to you for free and open access by the Law Journals at Digital Commons @ Boston College Law School. It has been accepted for inclusion in Boston College International and Comparative Law Review by an authorized editor of Digital Commons @ Boston College Law School. For more information, please contact [email protected]. Protection from Arbitrary Arrest and Detention Under International Law by Laurent Marcoux, Jr. * I. INTRODUCTION Since the adoption of the United Nations Charter in 1945, the international community, in recognition of the vital importance of securing respect for human rights and freedom from fear, has developed an impressive body of interna tional human rights law. 1 Among the most fundamental of all human rights is the right to personal liberty. One significant dimension of this right is freedom from arbitrary arrest and detention.2 In recognition of the right to this freedom, the Universal Declaration of Human Rights (Universal Declaration), adopted by the General Assembly of the United Nations in 1948, provides in Article 3 that "[e]veryone has the right to life, liberty and security of person," and in Article 9 that "[n]o one shall be subjected to arbitrary arrest, detention or exile."3 Simi larly, Article 9(1) of the International Covenant on Civil and Political Rights (Covenant on Civil and Political Rights) states: "Everyone has the right to liberty and security of person. -
Universal Declaration of Human Rights
Universal Declaration of Human Rights Preamble Whereas recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world, Whereas disregard and contempt for human rights have resulted in barbarous acts which have outraged the conscience of mankind, and the advent of a world in which human beings shall enjoy freedom of speech and belief and freedom from fear and want has been proclaimed as the highest aspiration of the common people, Whereas it is essential, if man is not to be compelled to have recourse, as a last resort, to rebellion against tyranny and oppression, that human rights should be protected by the rule of law, Whereas it is essential to promote the development of friendly relations between nations, Whereas the peoples of the United Nations have in the Charter reaffirmed their faith in fundamental human rights, in the dignity and worth of the human person and in the equal rights of men and women and have determined to promote social progress and better standards of life in larger freedom, Whereas Member States have pledged themselves to achieve, in cooperation with the United Nations, the promotion of universal respect for and observance of human rights and fundamental freedoms, Whereas a common understanding of these rights and freedoms is of the greatest importance for the full realization of this pledge, Now, therefore, The General Assembly, Proclaims this Universal Declaration of Human Rights as a common standard of achievement for all peoples and all nations, to the end that every individual and every organ of society, keeping this Declaration constantly in mind, shall strive by teaching and education to promote respect for these rights and freedoms and by progressive measures, national and international, to secure their universal and effective recognition and observance, both among the peoples of Member States themselves and among the peoples of territories under their jurisdiction. -
Groups Defined by Gender and the Genocide Convention," Genocide Studies and Prevention: an International Journal: Vol
Genocide Studies and Prevention: An International Journal Volume 14 Issue 1 Article 7 5-7-2020 Groups Defined yb Gender and the Genocide Convention Filip Strandberg Hassellind University of Gothenburg Follow this and additional works at: https://scholarcommons.usf.edu/gsp Recommended Citation Strandberg Hassellind, Filip (2020) "Groups Defined by Gender and the Genocide Convention," Genocide Studies and Prevention: An International Journal: Vol. 14: Iss. 1: 60-75. DOI: https://doi.org/10.5038/1911-9933.14.1.1679 Available at: https://scholarcommons.usf.edu/gsp/vol14/iss1/7 This Article is brought to you for free and open access by the Open Access Journals at Scholar Commons. It has been accepted for inclusion in Genocide Studies and Prevention: An International Journal by an authorized editor of Scholar Commons. For more information, please contact [email protected]. Groups Defined by Gender and the Genocide Convention Acknowledgements I wish to express my most sincere gratitude to my dear friends and mentors Mikael Baaz and Mona Lilja for all your wise reflections, intelligent emarks,r and thoughtful guidance throughout this research. Additionally, I would like to convey my appreciation to Adam Jones for his inspiring research in this field. This article is available in Genocide Studies and Prevention: An International Journal: https://scholarcommons.usf.edu/gsp/vol14/iss1/7 Groups Defined by Gender and the Genocide Convention Filip Strandberg Hassellind University of Gothenburg Gothenburg, Sweden A Lacuna in International Criminal Law? In the course of human history, humankind has proven to be capable of performing the most horrendous acts towards itself. A locution ascribed to some of the worst of such atrocities is genocide. -
Comments on the Prohibition of Torture and Inhuman, Cruel, Or Degrading Treatment Or Punishment in Libya’S Draft Constitutional Recommendations
Comments on the prohibition of torture and inhuman, cruel, or degrading treatment or punishment in Libya’s Draft Constitutional Recommendations I. The Prohibition of Torture and other Cruel, Inhuman or Degrading Treatment or Punishment Torture is a crime and serious human rights violation that has devastating consequences for its victim, his or her family and whole communities. The practice of torture is in stark contrast to the rule of law. The abhorrent nature of the crime is recognised in constitutions around the world and in international law, under which torture is absolutely prohibited. This absolute prohibition means that there are no exceptions and no justifications for this crime, even in times of emergency. Libya is party to a number of key international and regional treaties that enshrine the absolute prohibition of torture and other cruel, inhuman or degrading treatment or punishment (ill- treatment). These include the 1966 International Covenant on Civil and Political Rights (ICCPR) (articles 7 and 10), the 1981 African Charter on Human and Peoples’ Rights (ACHPR) (article 5), the 1984 United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (UNCAT) and the 1989 Convention on the Rights of the Child (CRC) (article 37). Under international law, states parties to a treaty are bound to implement its provisions and must ensure that their domestic law complies with their treaty obligations.1 According to article 2 UNCAT ‘Each State Party shall take effective legislative, administrative, judicial or other measures to prevent acts of torture in any territory under its jurisdiction.’2 Libya therefore has a duty to enshrine the prohibition of torture in its domestic legal order. -
The Destruction of Cultural Heritage: a Crime Against Property Or a Crime Against People?
THE JOHN MARSHALL REVIEW OF INTELLECTUAL PROPERTY LAW THE DESTRUCTION OF CULTURAL HERITAGE: A CRIME AGAINST PROPERTY OR A CRIME AGAINST PEOPLE? PATTY GERSTENBLITH ABSTRACT The destruction of cultural heritage has played a prominent role in the ongoing conflicts in Syria and Iraq and in the recent conflict in Mali. This destruction has displayed the failure of international law to effectively deter these actions. This article reviews existing international law in light of this destruction and the challenges posed by the issues of non-international armed conflict, non-state actors and the military necessity exception. By examining recent developments in applicable international law, the article proposes that customary international law has evolved to interpret existing legal instruments and doctrines concerning cultural heritage in light of the principles of proportionality and distinction and a definition of intentionality that includes extreme negligence and willful disregard. As a result, international law may more effectively foster the preservation of cultural heritage for future generations. Copyright © 2016 The John Marshall Law School Cite as Patty Gerstenblith, The Destruction of Cultural Heritage: A Crime Against Property or a Crime Against People?, 15 J. MARSHALL REV. INTELL. PROP. L. 336 (2016). THE DESTRUCTION OF CULTURAL HERITAGE: A CRIME AGAINST PROPERTY OR A CRIME AGAINST PEOPLE? PATTY GERSTENBLITH I. INTRODUCTION............................................................................................................ -
Why We Fail in the Face of Genocide
UC Berkeley Berkeley Undergraduate Journal Title Again, and Again, and Again: Why We Fail in the Face of Genocide Permalink https://escholarship.org/uc/item/6gn2651f Journal Berkeley Undergraduate Journal, 21(2) ISSN 1099-5331 Author Bhat, Radhika Publication Date 2008 DOI 10.5070/B3212007662 Peer reviewed|Undergraduate eScholarship.org Powered by the California Digital Library University of California Again, and Again, and Again: Why We Fail in the Face of Genocide Table of Contents Introduction........................................................................................................................ 1 Chapter One....................................................................................................................... 3 The Legal Framework Surrounding Genocide......................................................................... 3 A: The Genocide Convention’s History, Contents, and Status in International Law................. 3 B. The UN Charter and the Court System................................................................................. 6 C. Political and Social Genocides................................................................................................ 8 D. Specific Intent....................................................................................................................... 10 Chapter Two.................................................................................................................... 11 How States Have Failed the Law......................................................................................