Treaties

treaties and laws

Terror and Terrorism in International Humanitarian Law

Research Assistants Law, International humanitarian Law, Jurisprudence, Treaties 0

Terror: Terror refers to action taken by the State that consists of political and military terror, which may take place both in times of war and peace for the purpose of social control or military action. In the cases of armed conflict, acts of terror may apply to methods of warfare and acts or threats of violence—the primary purpose of which is to spread terror among the civilian population. Such acts include indiscriminate bombardment, attacks against the civilian population or civilian objects, persecutions, acts of violence designed to spread terror among the population, acts of terrorism, pillage, rape, arbitrary arrests and extrajudicial executions, hostage taking and enforced disappearances, and ethnic cleansing that forcibly displaces the civilian population. Reprisals against civilians and their property are prohibited (Geneva Conv. IV, Art. 33; API Art. 51; Ad. Protocol II, Art. 4, 13). State Terror may happen outside the context of armed conflict. State response to protests, riots, demonstrations, disturbance of public order, and internal strife, may qualify as Terror. International Humanitarian Law applies in that it limits the power of governments to use coercive measures as well as police and armed forces to defend or reestablish public order. These rules can be found in fundamental guarantees such as the one provided for by non-derogable international human rights provisions and the principles of Common Article 3 to the four Geneva Conventions. Terrorism: Unlike acts of Terror that State may unleash during conflict and peace times, the definition of terrorism is less established in International […]

Rome Statute of the International Criminal Court

Editorial Team Treaties 0

The Rome Statute of the International Criminal Court is the international treaty that founded the Court. Comprising a Preamble and 13 Parts, it establishes the governing framework for the Court. Adopted at the Rome Conference on 17 July 1998, it entered into force on 1 July 2002, thereby creating the International Criminal Court. See our history. The Statute sets out the Court’s jurisdiction over genocide, crimes against humanity, war crimes and – as of an amendment in 2010 – the crime of aggression. In addition to jurisdiction, it also addresses issues such as admissibility and applicable law, the composition and administration of the Court, investigations and prosecution, trials, penalties, appeal and revision, international cooperation and judicial assistance, and enforcement. The Statute is available in these languages: Arabic || English || French || Spanish

Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment

Editorial Team Treaties Torture 0

Adopted and opened for signature, ratification and accession by General Assembly resolution 39/46 of 10 December 1984 entry into force 26 June 1987, in accordance with article 27 (1) The States Parties to this Convention, Considering that, in accordance with the principles proclaimed in the Charter of the United Nations, recognition of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world, Recognizing that those rights derive from the inherent dignity of the human person, Considering the obligation of States under the Charter, in particular Article 55, to promote universal respect for, and observance of, human rights and fundamental freedoms, Having regard to article 5 of the Universal Declaration of Human Rights and article 7 of the International Covenant on Civil and Political Rights, both of which provide that no one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment, Having regard also to the Declaration on the Protection of All Persons from Being Subjected to Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, adopted by the General Assembly on 9 December 1975, Desiring to make more effective the struggle against torture and other cruel, inhuman or degrading treatment or punishment throughout the world, Have agreed as follows: PART I Article 1 1. For the purposes of this Convention, the term “torture” means any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a […]

Convention on the Elimination of All Forms of Discrimination against Women New York, 18 December 1979

Editorial Team Treaties 0

Introduction On 18 December 1979, the Convention on the Elimination of All Forms of Discrimination against Women was adopted by the United Nations General Assembly. It entered into force as an international treaty on 3 September 1981 after the twentieth country had ratified it. By the tenth anniversary of the Convention in 1989, almost one hundred nations have agreed to be bound by its provisions. The Convention was the culmination of more than thirty years of work by the United Nations Commission on the Status of Women, a body established in 1946 to monitor the situation of women and to promote women’s rights. The Commission’s work has been instrumental in bringing to light all the areas in which women are denied equality with men. These efforts for the advancement of women have resulted in several declarations and conventions, of which the Convention on the Elimination of All Forms of Discrimination against Women is the central and most comprehensive document. Among the international human rights treaties, the Convention takes an important place in bringing the female half of humanity into the focus of human rights concerns. The spirit of the Convention is rooted in the goals of the United Nations: to reaffirm faith in fundamental human rights, in the dignity,v and worth of the human person, in the equal rights of men and women. The present document spells out the meaning of equality and how it can be achieved. In so doing, the Convention establishes not only an international bill of […]