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International Law
1.
Over time, two distinct bodies of law have developed: international humanitarian and
human rights laws. The international human rights legislations goal is to defend people's basic
freedoms and rights against violations by governmental actors. International humanitarian laws,
conversly, is a regulations body
that controls how armed combat is conducted and aims to
protect those who are not or are no longer participating in hostilities, such as civilians and
injured troops.
The 1948 implementation of the UDHR (“Universal Declaration of Human Rights”) by
the UN General Assembly marked the beginning of international human rights legislation. In
order to create universal human rights instruments like the International Covenant on Civil and
Political Rights (ICCPR) and the International Covenant on Economic, Social, and Cultural
Rights (ICESCR), the UDHR was used as a starting point (Mowbray, p. 57). International
humanitarian laws, instead, developed in response to the necessity to control how armed
conflicts are fought and to defend civilians and other non-combatants. The Lieber Code,
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published by the US during the Civil War of America (Mowbray, p. 61), was the first
contemporary codification of the law of war. Since then, a variety of treaties and accords have
been implemented to regulate how hostilities are conducted, notably the 1949 Geneva
Convention and their 1977 Supplementary Protocols. An example international human rights law
usage is Selmouni v. France, a case judged by the ECtHR (“European Court of Human Rights”)
in 1999 (Mowbray, p. 59). In this case, the French police held the Moroccan national who made
the application, Mr. Selmouni, and subjected him to severe physical and psychological
harassment. According to the ECtHR, Mr. Selmouni was subjected to treatment that was
inhuman and humiliating and therefore breached Article 3 of ECHR (Mowbray, p. 60). This
instance demonstrates how using international human rights legislation may shield people from
injustices committed by states.
The incident of Prosecutor v. Tadi, resolved by the ICTY (“International Criminal
Tribunal for the former Yugoslavia”) in 1995 (UN), is one in which international humanitarian
laws have been utilized. During the conflict in Bosnia and Herzegovina, the accused in this case,
Mr. Tadi, a Bosnian Serb, is a suspect of involving in war crimes as well as crimes in contrary to
humanity. Because Mr. Tadi was not a member of a regular armed force, the ICTY determined
that he was not eligible for prisoner-of-war status under international humanitarian law. This
situation serves as an example of how international humanitarian laws aims to control how
armed fights are fought and safeguard civilians and non-combatants.
2.
A significant case that the Inter-American Court of Human Rights (IACHR) resolved in
2012 was Atala Riffo and Daughters v. Chile. The case included Karen Atala Riffo, a lesbian
mother, who had been refused custody of her three kids by Chilean courts due to her sexual
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orientation. Atala Riffo appealed the verdict to the IACHR, claiming that it infringed on her
ACHR-guaranteed right to family life and against discrimination. The IACHR determined that
Atala Riffo's rights under the ACHR had been violated by Chilean courts, and it ordered the
Chilean state to provide restitution and take precautions against future breaches. An important
win for LGBT people's rights in the Americas has been declared in the case.
But some have condemned the IACHR's decision in Atala Riffo and Daughters v. Chile
as an instance of "judicial activism" and going beyond what international law was meant to do.
Judicial activism is the inclination of courts to exercise their authority in ways that go beyond
what is expressly provided for by law and to make choices about public policy that belong in the
hands of elected authorities (Xypolia, Ilia, p. 19). The ACHR does not expressly forbid prejudice
based on sexual orientation, according to opponents of the IACHR's decision, and the IACHR is
establishing new rights that the Convention's authors did not intend. They contend that the
IACHR is obstructing states' sovereign powers to control their family law. Supporters of the
IACHR's decision, on the other hand, contend that the ACHR should be construed dynamically
and evolvingly to safeguard the fundamental rights of people, unrelatedly of their sex orientation.
They contend that the “International Covenant on Civil and Political Rights,” which forbids
prejudice regading sexual orientation, and other international human rights agreements are
consistent with the IACHR's reading of the ACHR (Burgorgue-Larsen et al.).
In Atala Riffo and Daughters v. Chile, the IACHR applied international law in a
necessary and fair manner. The ACHR should be construed as per current human rights values
because it is a dynamic document. International law needs to forbid prejudice regarding sexual
orientation since it infringes on people's fundamental rights, particularly the right to a family life
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(Burgorgue-Larsen et al.). The IACHR's decision is congruent with a trend in international law to
provide LGBT people more legal protections.
3.
War crimes, genocide, , misconducts against humanity, or aggression are all crimes of
concerns
to the global community, and
ICC is a permanent intercontinental institution with
jurisdiction over these offenses. The Rome Statute, which was enacted in 1998 and came into
effect in 2002 (International Criminal Court), created the ICC. The United States, which was a
key player in the Rome Statute's discussions, has chosen not to ratify the ICC because it is
worried about the court's authority, how it would affect American sovereignty, and the likelihood
of politically driven prosecutions.
Supporters of U.S. participation in the ICC contend that it would strengthen the nation's
dedication to human rights and international law and assist advance accountability for the most
severe crimes of global concern. Additionally, they contend that U.S. involvement would
improve the ICC (International Criminal Court) by contributing resources, knowledge, and
political backing. Those who are against the United States joining the ICC contend that the
court's authority is too broad and might potentially include American individuals, military
personnel, and officials in cases with political undertones. They contend that the ICC does not
have enough checks and balances and may be influenced by anti-American forces.
I believe that the US should join the ICC because it would show its support for, human
rights, international law, and accountability for the most severe crimes of global significance.
The ICC offers a crucial framework for holding people accountable for war misconducts,
genocide and aggression the U.S. By supplying the court with much-needed resources and
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knowledge, participation would improve it. Furthermore, worries regarding the likelihood of
politically motivated prosecutions and the ICC's possible influence on American sovereignty are
exaggerated. Numerous protections, such as the need that cases be supported by solid evidence
and that investigations be carried out impartially and independently (International Criminal
Court), are included in the Rome Statute to prevent against politically motivated prosecutions.
The ICC only intervenes when national authorities are reluctant or unable to pursue crimes of
international significance, as its authority is supplementary to that of national jurisdictions.
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Works Cited
Burgorgue-Larsen, Laurence, et al.
The Inter-American Court of Human Rights: Case-Law and
Commentary
. 2011.
Inter-American Court of Human Rights "Chile. CASE OF ATALA RIFFO AND DAUGHTERS
v. CHILE JUDGMENT OF FEBRUARY 24, 2012 (Merits, Reparations and Costs)."
2012. Retrieved from:
https://corteidh.or.cr/docs/casos/articulos/seriec_239_ing.pdf
International Criminal Court. “About the Court.”
International Criminal Court
, 2022,
www.icc-
cpi.int/about/the-court
.
Mowbray, A. “The Creativity of the European Court of Human Rights.”
Human Rights Law
Review
, vol. 5, no. 1, Jan. 2005, pp. 57–79, https://doi.org/10.1093/hrlrev/ngi003.
Accessed September 4 2021.
United Nations. “International Criminal Tribunal for the Former Yugoslavia | United Nations
International Criminal Tribunal for the Former Yugoslavia.”
Www.icty.org
, 2017,
www.icty.org/
.
Xypolia, Ilia. "Human Rights and American Exceptionalism."
Human Rights, Imperialism, and
Corruption in U.S. Foreign Policy
. Cham: Springer International Publishing, 2022. 19-
46.
https://doi.org/10.1007/978-3-030-99815-8_3
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