INTERNATIONALIZATION OF HUMAN RIGHTS

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INTERNATIONALIZATION OF HUMAN RIGHTS

• Prof. Emmanuel Maganaris
• Glasgow Caledonian University, UK

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QUESTIONNAIRE

• Impact of human rights' internationalization on
  national human rights protection and sovereignty
• Obligation to comply with human rights
  instruments for non-signatory states
• Human rights as a regional integration vehicle
• Jus cogens status of human rights
• Method of incorporation of international treaties
  in national legislative framework
• Recognition by national court of jus cogens
  status of human rights norms

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QUESTIONNAIRE (cont.)

• Impact of human rights internationalization on
  national legislation and case-law
• National court decisions based on international
  human rights instruments
• Accession to the CAT 1984

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CASE STUDY

• Former Head of State of country A visits country
  B on business
• Arrested on the basis of an extradition order
  requested by a court of country C pursuant to the
  terms of an extradition treaty
• Complain alleges former Head of State engaged,
  whilst in office, into acts of torture against
  citizens of country C
• Former Head of State invokes immunity, as alleged
  acts of torture took place during term and were,
  thus, official acts
• All countries involved are signatories to CAT 1984

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THE PROHIBITION OF TORTURE AS A JUS COGENS NORM
OF INTERNATIONAL LAWINDIVIDUAL ACCOUNTABILITY
OF HEADS OF STATE AND THE QUESTION OF IMMUNITY
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JUS COGENS NATURE OF HUMAN RIGHTS NORMS

• Treaties and Non-National Institutions
• Art. 53 of Vienna Convention on the Law of
  Treaties 1969
• International Court of Justice (Case Concerning
  the Payment of Various Serbian Loans Issued in
  France)
• Permanent Court of International Justice (North
  Sea Continental Shelf Case)

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JUS COGENS NATURE OF HUMAN RIGHTS NORMS (cont.)

• National Courts
• UK House of Lords
• German Federal Constitutional Court
• Latvian Constitutional Court
• Turkish Constitutional Court
• Hungarian Constitutional Court
• Court of Appeal of Brussels
• Spanish Audencia Nacional

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TORTURE AS A CRIME OF INTERNATIONAL LAW

• UN Convention Against Torture 1984 (CAT)
• Art. 7 of the International Covenant on Civil and
  Political Rights (ICCPR)
• Art. 5 of the Statute of the International
  Criminal Tribunal for the Former Yugoslavia
  (ICTY)
• Art. 3 of the Statute of the International
  Criminal Tribunal for Rwanda (ICTR)
• Art. 7 of the International Criminal Court (ICC)

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PROHIBITION OF TORTURE AS A JUS COGENS NORM

• Non-National Institutions
• Human Rights Committee
• ICTY (Furundzija Case)
• European Court of Human Rights (Al-Adsani Case)
• National Courts
• Swiss Federal Court (Sener Case)
• House of Lords (Regina v Bow Street Magistrates
  Stipendary Magistrate, ex parte Pinochet Ugarte
  Case)
• Other national courts

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REFUSAL OF HEAD OF STATE IMMUNITY FOR VIOLATIONS
OF FUNDAMENTAL RIGHTS NORMS

• Treaties and Non-National Institutions
• Art. 227 of the Versailles Treaty of 1919
• Art. 7 of the Charter of the International
  Military Tribunal of Nuremberg
• Art. 6 of the Charter of the Tokyo International
  Military Tribunal for the Far East
• Art. IV of the Genocide Convention of 1948
• Art. 7(2) of the Statute of the ICTY
• Art. 6(2) of the Statute of the ICCR
• Art. 7 of the Draft Code of Crimes Against the
  Peace and Security of Mankind of 1996
• Art. 27 of the Statute of the ICC of 1998

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REFUSAL OF HEAD OF STATE IMMUNITY FOR VIOLATIONS
OF FUNDAMENTAL RIGHTS NORMS (cont.)

• National Courts
• House of Lords (Pinochet) (non-serving Head of
  State)
• Cour de Cassation (Ghaddafi)

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INTERNATIONAL CRIMES AS NON-OFFICIAL STATE
FUNCTIONS

• Law Lords in Pinochet
• Art. 13 of the 13th Committee of the Institut
  Droit International

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Thank you for your attention!e.maganaris_at_gcal.ac
.uk